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The principals of a general partnership which is a member of a company that has a contract with a state agency are special state employees for conflict of interest law purposes. The partners may receive compensation from or act as agent of attorney for a private corporation with respect to a development project because they did not participate in the project as state employees; it is not the subject of their official responsibility; and they served as state employees for less than 60 days in the relevant period of 365 days.
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Using a four-factor jurisdictional test, a Governor's advisory commission is determined to be a public instrumentality for purposes of G.L. c. 268A. Members of the commission who are not otherwise employed by the Commonwealth will be subject to the conflict of interest law as special state employees.
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Members of a Governor's Advisory Council are not considered "state employees" or "special state employees" for the purposes of the conflict of interest law. Members of the council principally serve to provide the Governor with outside viewpoints and advice, and do not perform tasks ordinarily expected of state employees.
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Employees of a private consulting firm who have been expressly designated in a state contract to perform specific services are considered to be "state employees" for the purposes of G.L. c. 268A.
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The provision of s. 1(q) that prohibits certain engineering and environmental consultants from bidding on later contracts for the same construction project applies only to individuals who are otherwise "state employees" under G.L. c. 268A.
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A private law firm attorney who performs unpaid services for the District Attorney is a special state employee under G.L. c. 268A, section 1(o) and is subject to the conflict of interest law restrictions set forth in sections 4, 5, 6 and 23.
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Members of the board of directors and employees of a trust fund created by a pension agreement between a union and a state agency to provide pension benefits to state employees are considered employees of a state agency pursuant to G.L. c. 268A, s. 1(p).
NOTE: This opinion was overturned by the SJC in MBTA Retirement Board v. State Ethics Commission, 414 Mass. 582 (1993)
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Individuals who are independent consultants for a private corporation which contracts with a public entity may be deemed to be public employees.
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An athletic coach employed by a state college may receive an honorarium from a college alumni association for legitimate speaking engagements outside of his regular work schedule and work responsibilities. In order for speaking engagements to be considered legitimate, they must be: formally scheduled on the agenda of the meeting or conference; scheduled in advance of the speaker's arrival at the meeting or conference; before an organization which would normally have outside speakers address them at such an event; and the speaking engagement must not be perfunctory, but should significantly contribute to the event, taking into account such factors as the length of the speech or presentation, the expected size of the audience, and the extent to which the speaker is providing substantive or unique information or viewpoints.
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Regional Employment Board members are subject to the conflict of interest law, but the members are not required to file Statements of Financial Interests.
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An employee of a private construction firm will not be considered a state or public employee if he performs advisory services for a private, non-profit corporation that was established to provide advice to the Boston business community regarding the Third Harbor Tunnel and Central Artery construction projects. If his construction company is hired to do planning and/or re-construction work on the project, the employee should contact the Commission for further advice.
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A full-time state court employee is prohibited under section 4(a) from accepting part-time employment with a private alcohol education program because the referrals of clients to the program would come from the state courts. Section 4(a) prohibits the employee's receipt of compensation in connection with matters in which the state has a direct and substantial interest.
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Members of the DEQE Water Resources Management Advisory Committee are state employees.
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A state vendor subcontract employee is a state employee under §1(q) of the conflict of interest law because his services are specifically contemplated in a state contract. He does not violate § 7 of the law by owning more than 1% of the vendor subcontract company. His brother, who also owns more than 1% of the subcontract company, is not a state employee because his services in connection with the state contract are not required.
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Advisory board members appointed by the Division of Capital Planning and Operations Deputy Commissioner to study and make recommendations on the re-use of surplus state property are not state employees for conflict of interest law purposes.
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Members of the Department of Environmental Quality Engineering Administrative Penalties Advisory Committee are state employees as defined by §1(q) of the conflict of interest law.
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Members of the board of directors of the Western Massachusetts Health Planning Council, Inc., a nonprofit corporation, are not state employees for the purposes of G.L. c. 268A because: 1) the Council was created by and is regulated by federal, as opposed to state guidelines; 2) the Council is expected to advise the federal government concerning the nature of health care; 3) the major funding source for the Council is the federal government; and 4) the state has no authority to control any Council actions.
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A private consultant who has been asked to serve with other private citizens on an advisory board to a special legislative committee is not a state employee for Chapter 268A purposes because the advisory board is not a state agency. His services for the legislative committee are intended to provide private sector input rather than to play a role normally expected of government employees.
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An inspector with a corporation or vendor which contracts with the state is not a state employee for the purposes of Chapter 268A where the state contract does not specifically call for him to perform particular services.
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Following appointment to a part-time state board of registration, an attorney will be subject to the limitations of §4 applicable to special state employees. The attorney would be prohibited from representing private clients in matters before the board but would be free to represent clients before other boards of registration.
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Members of a practitioners' liaison committee established by the Commissioner of the Department of Revenue are not state employees for the purposes of G L. c. 268A. The committee, an ad hoc body primarily formed to facilitate communications between DOR and its practitioners, will not be performing an essential government function.
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The president of a small consulting firm which provides management consultation for DMH is a state employee for the purposes of G.L. c. 268A because DMH has specifically contemplated that he will be performing those services. As a special state employee, he may not have a financial interest in other state contracts unless he qualifies for a §7 exemption.
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A member of a state board of registration may also serve as a member of the board of directors of a regional organization providing educational services to individuals subject to the board's jurisdiction. However, the member may neither represent the organization in any state matter, nor officially participate in matters affecting the organization's financial interest.
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A full-time state employee who leaves his state position to work for a vendor under a contract with a state agency would remain a state employee for G.L. c. 268A purposes because the contract expressly calls for the employee's services.
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Members of a Grants Review Committee internally formed by the Administering Agency for Developmental Disabilities within the Executive Office of Administration and Finance to administer the federal Developmental Disabilities Program in Massachusetts are state employees for conflict of interest law purposes. The Commission provides general advice on the conflict of interest law to the members.
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A Statewide Health Coordinating Council member is advised that Council members are state employees for conflict of interest law purposes and are subject to the restrictions set forth in §§ 4, 6, 7 and 23(c).
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A corporation does not violate § 7 of the conflict of interest law by entering into contracts with multiple state agencies because a corporation is not considered a state employee for conflict of interest law purposes.
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Members of the State Council established to implement the Federal Job Training and Partnership Act and appointed by the Governor are state employees pursuant to § 1(q) of the conflict of interest law. Members of the State Council and of the Private Industry Council, also established to implement the Act, are not required to file financial disclosure statements pursuant to G.L. c. 268B.
Legal opinions issued by the Ethics Commission on the definition of "state employee"