State Agency Legal Opinions, G.L. c. 268A, § 1(p)

Legal opinions issued by the Ethics Commission on the definition of "state agency".
  • EC-COI-89-1

    A holding company created by the board of trustees of a state institution will be considered an instrumentality of a state agency for the purposes of 268A where the company was created to fulfill a governmental purpose and is substantially controlled by the state institution.

  • EC-COI-89-24

    A non-profit corporation formed by faculty at a state institution is a state agency for purposes of 268A where the purpose of the corporation is to enhance and support the faculty department, the non-profit corporation furthers the state institution's legislative mandate, and the corporation's Board of Directors is controlled by university employees.

  • EC-COI-90-3

    Members of the board of directors of a foundation created and supported by a state college to perform a governmental function for the college are special state employees of a state agency under G.L. c. 268A, section 1(p). Directors must observe the limitations of sections 7 and 23 in their dealings with other state agencies.

  • EC-COI-91-12

    A private, non-profit corporation is not a state agency for purposes of c. 268A where state employees do not control the board and where the majority of the funding is not public.

  • EC-COI-95-2

    Because it serves a state function, separate and distinct from the planning services provided by agencies of its member municipalities, the Metropolitan Area Planning Council is a state agency (rather than a municipal agency) for purposes of the conflict law, and its 133 members, who are uncompensated, are special state employees.

  • EC-COI-00-3

    The Allston-Brighton Community Development Corporation is not a state, county or municipal agency for conflict of interest law purposes

  • EC-COI-05-2

    The Commission concluded that the School Building Authority is subject to the conflict of interest law based on express language in St. 2004, c. 208, which created the Authority and which specifies that the Authority's operations "shall be subject to G. L. c. 268A." In addition, the Commission concluded that the School Building Advisory Board is subject to G. L. c. 268A because the Board was created by statute; it will have formal procedures and work product; it was the clear intent of the Legislature to have the Authority's operations subject to c. 268A; and the Board develops governmental policy.

  • EC-COI-90-18  

    A Mental Health Advisory Council formed to advise the Commissioner of the Department of Mental Health is a state agency under G.L. c. 268A, section 1(p).  The appointed, unpaid members of the Council are special state employees.  Pursuant to section 7, a member may not have a financial interest in a contract with DMH unless they qualify for an exemption under section 7(e).


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