This page, Section 23(c) Legal Opinions, is offered by

Section 23(c) Legal Opinions

This section prohibits a current or former public employee from disclosing confidential materials or using such information to further his private interests.
  • EC-COI-82-176

    May a state employee perform classroom instruction for a driver education course while simultaneously employed by the RMV?

  • EC-COI-83-80

    May a former state employee receive compensation as a consultant in connection with the former state employee's agency?

  • EC-COI-84-18

    A member of the Special Commission on Hazardous Waste Liability established by St. 1983, c. 7, s.13. to study remedies available to the Commonwealth and to persons who are harmed by the release of hazardous materials who is also an officer of a company which has an interest in a matter which the Special Commission plans to review is informed that he is a state employee subject to the restrictions of §§ 4, 6 and 23 of the conflict of interest law.

  • EC-COI-87-18

    An attorney may serve as special municipal counsel representing a board of health in a state lawsuit.

  • EC-COI-88-21

    A state employee who is an attorney and also services as a city conservation commissioner is subject to several provisions of 268A. Section 4 allows the state employee to hold a municipal position provided that he does not vote or act on any matter within the purview of his state agency or over which he has official responsibility. As a municipal employee under section 17 he may not represent private clients: (1) before other municipal agencies or (2) on appeals of municipal decisions to state agencies. Section 19 prohibits him from participating as a commissioner in any matter which could directly or indirectly affect the financial interest of his law firm. Once he leaves his state job, he would be subject os sections 5 and 23 as a former state employee. His law firm would not be subject to section 18(d/c) and section 5(d/c) since he would be an associate attorney in the firm.

  • EC-COI-88-23

    A full-time police officer traffic-report in a state agency whose official duties include gathering and providing commuter traffic data to the local media, including a local television station, may accept a part-time private consulting position with the television station as a traffic analyst on major construction projects in the Boston area. The private work will be done during the officer's private hours, using only private vehicles, equipment and materials and would not under section 4(a) be in connection with particular matters in which his state agency has a direct and substantial interest. The state employee would also be subject to the provisions of section 6 and cannot participate as a state employee in any matter which could affect the television station's financial interest.

  • EC-COI-89-5

    The chairman of the board of regents of higher education may also serve as "of counsel" to a law firm which represents clients in matters within the official responsibility of the board of regents, subject to certain conditions. He must abstain from participating as chairman in any matter in which his firm represents a client, and must arrange to have the firm segregate from his compensation any fees connected with representation in board-related matters. Because his of counsel relationship does not have the attributes of a partnership, the firm's partners may represent private clients in matters within the official responsibility of the board.

  • EC-COI-89-7

    The former secretary of the executive office of environmental affairs must comply with the restrictions of 5 and 23(c) in his new "of counsel" position with a law firm. In particular, he must refrain from representing a client in any matter in which he previously participated as a secretary. Because, as secretary, he had official responsibility for all matters within the executive office, 5(b) requires that he refrain from personally appearing before any state court or state agency in connection with those matters.

  • EC-COI-89-26

    A former member of a committee which supervises investments for certain state agencies is prohibited by section 5(b) from appearing for one year before any state agency in connection with an investment in an annuity contract over which he had official responsibility as a committee member, even if he had not previously participated in that matter.

  • EC-COI-90-4

    Section 4 of G.L. c. 268A permits housing court specialists to perform code inspection work for a housing authority.

  • EC-COI-90-06

    A former state supervisor is subject to the post-employment restrictions of sections 5 and 23 with respect to contracts and other matters in which he previously participated or had official responsibility for as a supervisor.

  • EC-COI-90-11

    A former municipal attorney may represent a private client in a lawsuit in which he neither participated nor had official responsibility for as a municipal attorney.

  • EC-COI-91-1

    A former state employee may represent private individuals in a guardianship proceeding. Prior participation as a state employee in a "care and protection" proceeding constitutes a distinct particular matter. A current guardianship proceeding is not in connection with the prior lawsuit, because the guardianship matter involves different parties, different facts, and a different controversy in a different court, even though both matters concern the same children.