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  • State Ethics Commission

State Employees (G.L. c. 268A, § 4) Legal Opinions

Formal legal opinions by the State Ethics Commission addressing G.L. c. 268A, § 4
  • EC-COI-79-16

    A member of the General Court may continue to work as a consultant for a private firm and for a private school paid from federal funds without violating § 4 and may participate as a member of the General Court in matters affecting the private employer's financial interest without violating § 6 because the enactment of general legislation is specifically excluded from the definition of "particular matter".

  • EC-COI-79-126

    A member of the General Court who is also an attorney in private practice would not violate § 4 of the conflict of interest law by representing a private client before municipal agencies.

  • EC-COI-79-127

    A member of the General Court who is also an attorney in private practice may represent a law client in a lawsuit pending in Superior Court against a state agency that is being represented by the Attorney General’s Office without violating § 4 of the conflict of interest law, but may not personally appear before the Attorney General’s Office to negotiate or advocate on behalf of the client.

  • EC-COI-80-46

    A legislative aide may also serve as an elected town selectman subject to the restrictions set forth in §§ 4 and 6 of the conflict of interest law.

  • EC-COI-80-72

    A part-time employee of the Department of Education may also serve on a city school committee subject to § 4 of the conflict of interest law.

  • EC-COI-80-102 

    An attorney in private practice who is also a part-time assistant district attorney may continue to privately represent a school committee client subject to the restrictions set forth in §§ 4 and 6 of the conflict of interest law.

  • EC-COI-80-112 

    A member of the General Court who is also an attorney in private practice may represent a client seeking to develop a housing project in a Town without violating § 4 of the conflict of interest law but would be prohibited from personally appearing before a state agency for compensation to negotiate or advocate on behalf of the client's efforts to obtain financing from that agency.

  • EC-COI-81-130

    A full-time employee at a state school who possesses expertise in the treatment of certain disabilities and the design of therapeutic adaptive equipment is not prohibited under §§ 4 and 7 of the conflict of interest law from serving as a compensated consultant during non-work hours as long as they observe the restrictions which limit compensated consultant services to 1) non-state referrals, cases funded by private insurance, personal funds, municipal funds, or public assistance based on a DPW fee schedule; and 2) cases referred by a state agency and funded by public assistance based an a DPW fee schedule.

  • EC-COI-81-155

    A member of the General Court who is also an attorney in private practice may represent a client who was involved in a motor vehicle accident in an area under the jurisdiction and control of a state agency and may file a court action for negligence against the state agency in the operation of the accident area.

  • EC-COI-82-19

    A member of the General Court who is also a lawyer in the private practice may represent clients seeking state licenses or permits without violating § 4 of the conflict of interest law except that he would be prohibited from personally appearing before any state agency to negotiate or advocate on behalf of his client with regard to that permit or license unless it occurs in the context of a quasi-judicial proceeding. Section 5 of the conflict of interest law prohibits any partner of the member’s firm from representing a client in connection with any particular matter in which the state is a party or has a direct and substantial interest and in which the member participated as a state employee or which was the subject of the member’s official responsibility unless the matter involved the enactment of general  legislation.  

  • EC-COI-82-33

    Section 4 of the conflict of interest law does not prohibit a state employee who is also a attorney in private practice from participating as an attorney in civil matters in federal district  court or in matters before a municipality provided that the state neither was a party nor had a direct and substantial interest in those matters. Under section 23 of the law, the state employee should refrain from representing private clients in any proceedings which involve  parties with whom he had dealings in his state capacity.

  • EC-COI-82-39 

    Sections 4 and 6 of the conflict of interest law apply to a legislative staff member who is elected to the board of selectmen in a town.

  • EC-COI-82-42

    A state Department of Mental Health aide assigned to a state institution is not prohibited under §§ 4 and 7 from private employment with a non-profit agency providing services to autistic and similarly impaired children as long as the aide observes the restrictions which limit employment to 1) non-state referrals, cases funded by private insurance, personal funds, municipal funds, or public assistance based on a DPW fee schedule; and 2) cases referred by a state agency and funded by public assistance based an a DPW fee schedule.

  • EC-COI-82-142

    A Special Assistant District Attorney does not violate §4 of the conflict of interest law by being paid by the Commonwealth where the funds are attributable to the municipality that paid for and will benefit from the legal action.

  • EC-COI-82-153

    May a consultant/attorney who works part-time for a House Committee also represent a private organization which is interested in establishing off-track betting facilities in the Commonwealth?

  • EC-COI-82-172 

    A member of the General Court who is also an attorney in private practice may represent a private company without violating §§ 4 and 6 of the conflict of interest law because the proposed representation involves appearances before local licensing boards, and not state agencies. Any activities involving the filing of applications for licenses with a state agency would fall within the exemption to § 4 involving "ministerial matters." Section 6 prohibits the member from participating in any particular matter in which he or a business organization which employs him has a financial interest except that the enactment of general legislation is specifically excluded from the definition of "particular matter." Section 6, however, prohibits the member from participating as a member of the General Court in any special legislation affecting the financial interest of the Company and would also require the member to file a disclosure of that matter and of the member’s financial interests therein with the Ethics Commission.

  • EC-COI-82-176

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

  • EC-COI-83-12

    An employee with the state Department of Revenue who is an attorney will not violate § 4 of the conflict of interest law by representing his wife, an immediate family member, before the state Merit Rating Board under an exemption in § 4, but he may not represent his wife's sister's husband, not an immediate family member, in a matter before the state Appellate Tax Board.

  • EC-COI-83-16

    A state Department of Public Works employee who is also privately employed by a company as a land surveyor is prohibited under § 4 of the conflict of interest law from being paid by or representing the company in a surveying contract with the DPW.

  • EC-COI-83-20

    An attorney employed by a state agency may represent the agency head in a lawsuit filed by two former employees alleging wrongful discharge without violating § 4 of the conflict of interest law provided that the employee obtains a statement from his agency that his representation falls within the proper discharge of his official duties.

  • EC-COI-83-26

    An employee of the Department of the State Auditor is not prohibited from taking on a part-time consulting position with a municipality on a construction project receiving federal and state funding but is subject to the municipal exemption in § 4 of the conflict of interest law.

  • EC-COI-83-27

    The superintendent of a state agency under the Department of Mental Health may accept a position with an entity that contracts with DMH subject to the restrictions of §§ 4, 6, 7 and 23 of the conflict of interest law. 

  • EC-COI-83-28

    A member of two different state boards, both within the Executive Office of Environmental Management, who is a former municipal employee, may sell a parcel of land to the Town to set aside for conservation purposes where the purchase by the Town will involve a funding request to EOEA provided that he can comply with §§ 4, 6, 7 and 23 of the conflict of interest law as a state employee and §18 of the law as a former municipal employee.

  • EC-COI-83-59

    A member of the General Court who is also an attorney in private practice is prohibited under § 4 of the conflict of interest law from appearing for compensation as attorney for a client in a DPU hearing on an application for a common carrier certificate because an application for a common carrier certificate from the DPU is not a ministerial matter.

  • EC-COI-83-83

    A state employee who has been appointed to an additional position within the same agency does not violate §§4 of the conflict of interest law even though the separate duties may overlap and where he is receiving only one salary for holding both positions.

  • EC-COI-83-137

    The conflict of interest law does not permit legal counsel for a legislative committee to act as attorney for plaintiffs in a lawsuit filed on behalf of residents of the Commonwealth where the Commonwealth is a party and has a direct and substantial interest in the lawsuit.

  • EC-COI-83-173

    A part-time consulting physician to the Disability Determination Services branch of the Massachusetts Rehabilitation Commission may lease office space to consultative physicians who have been assigned by MRC to perform examinations or tests without violating §§ 4, 7 and 23 of the conflict of interest law.

  • EC-COI-84-2

    A full-time municipal water department employee does not violate the conflict of interest law by also serving as a part-time special police officer in the same municipality because he qualifies for an exemption under § 20.

  • EC-COI-84-6

    A state employee can also serve on the board of directors of a private company that contracts with state agencies without violating the conflict of interest law but is subject to the restrictions under §§ 4, 6 and 23(b)(2).

  • EC-COI-84-10

    The Commissioner of a state agency may also serve on the board of directors of a bank and hold a controlling interest in the bank’s shares without violating the conflict of interest law, subject to the restrictions in §§ 4, 6, 7 and 23(c).

  • 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-84-20

    A law firm associate who is appointed a special assistant attorney general to represent the Commonwealth in matters pending before a state agency is subject to § 4 of the conflict of interest law and may not represent law firm clients before the state agency.  Since the associate is not a partner in the law firm, § 5(d) will not prohibit the firm’s partners from representing clients before the state agency.

  • EC-COI-84-22

    A state employee involved in licensing who also holds a license does not violate the conflict of interest law by operating a business or being employed privately within the industry that requires the license, subject to the restrictions in §§ 4, 6, 23(b)(2) and 23(c).

  • EC-COI-84-30

    A law firm associate is subject to §§ 4 and 23 by serving as a legal consultant to the Department of Administration and Finance and representing the interests of the Commonwealth in matters before a state agency.  As a special state employee, the associate can represent law firm clients before the state agency as long as the Department of Administration and Finance is not an intervenor in the matter.

  • EC-COI-84-35

    A state university employee who is also the chair of the board of selectmen may also serve as an elected county commissioner subject to the provisions of §§ 11 and 13 of the conflict of interest law.  If elected as a county commissioner, he would be required to resign his board of selectmen appointment to a county advisory board.  As a state employee, he is subject to the provisions of §§ 4 and 6 of the conflict of interest law.  Finally, as a state, county and municipal employee, he is subject to § 23 of the conflict of interest law.

  • EC-COI-84-40

    A member of the State Ethics Commission may also serve as Corporation Counsel for the City of Boston subject to the restrictions of §§ 4, 6, 17 and 23(c) of the conflict of interest law.

  • EC-COI-84-55

    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).

  • EC-COI-84-56

    A member of the General Court who is also an attorney and real estate developer may be part of a real estate development team seeking to be designated to purchase and develop real estate offered by a municipality where the state will have no involvement in the process. The legislator is advised to comply with the provisions of §23(b)(3) of the conflict of interest law.

  • EC-COI-84-71

    A Massachusetts Community Economic Development Assistance Corporation employee (CEDAC) is prohibited under § 4 of the conflict of interest law from acting as agent for a non-profit in which he serves as both an officer and board member in connection with an application submitted to CEDAC. As a CEDAC employee, he is also subject to the restrictions in §§ 6 and 23 of the law.

  • EC-COI-84-79

    A member of the General Court who is an attorney in private practice is prohibited under § 4 of the conflict of interest law from representing a law client in an inquiry by the Office of Campaign and Political Finance.

  • EC-COI-84-81

    A member of the Board of Registration in Nursing may also serve on an accreditation panel of the National League of Nurses, subject to the restrictions contained in §§ 4, 6 and 23 of the conflict of interest law.

  • EC-COI-84-94

    A law firm associate is a special state employee as a consultant to the Special Master and a Trial Court Judge in connection with a court case involving a municipality and several state agencies over Boston Harbor pollution.  He is subject to §§ 4 and 23 of the conflict of interest law.  Because he is not a partner of the firm, the law firm partners are not subject to § 5 of the conflict of interest law.

  • EC-COI-84-107

    An attorney may not participate in a Bar Advocate program representing indigent defendants prosecuted by a District Attorney’s Office and be appointed as a special prosecutor handling child support cases in that office unless he serves as a special prosecutor for no more than 60 days in a 365-day period.  The attorney is a special state employee subject to §§ 4 and 23 of the conflict of interest law.

  • EC-COI-84-113

    A special state employee who developed a computerized information system used by clients to analyze data may be privately employed in related activities subject to the restrictions in §§ 4 and 23 of the conflict of interest law.

  • EC-COI-84-119

    The Massachusetts Technology Park Corporation is advised that §§ 6 and 23(c) of the conflict of interest law apply to employees of private member corporations that donate employee services to the MTPC as well at to MTPC board members whose corporations donate services to the MTPC.

  • EC-COI-84-129

    An associate at a law firm may serve as labor counsel to a state agency as a special state employee, subject to the provisions of §§ 4 and 23(b)(2) of the conflict of interest law.

  • EC-COI-84-135

    A state employee does not violate the conflict of interest law by also holding a position of Honorary Consul of a foreign government but is subject to §§ 4(c) and 23 of the conflict of interest law.

  • EC-COI-84-145

    A District Court First Justice is advised that court procedures clerks are prohibited by § 4 of the conflict of interest law from collecting bail fees from criminal defendants after the normal business hours of the court because they are not authorized to do so by G.L. c. 276, § 57.

  • EC-COI-85-2

    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.

  • EC-COI-85-9

    A member of the General Court may also consult to a private company which does a small amount of business with state agencies. Because he will neither work on state contracts nor have his compensation attributable to those contracts, and has no propriety interest in the company, he will not have a financial interest in the company's contracts with the state.

  • EC-COI-85-10

    An attorney who consults part-time to a state board is a special state employee. Because he will be serving as a consultant for less than sixty days annually, § 4 prohibits his representation of private clients only in matters in which he has participated or has official responsibility. Should he appear before the board in permissible matters, board members must avoid giving the appearance of unduly favoring his clients because of his consultant relationship (§23).

  • EC-COI-85-13

    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.

  • EC-COI-85-15

    A developer who also serves as an unpaid member of a state board is a special state employee. He may neither submit private proposals on property under the control of his board, nor officially participate in decisions in which he has a financial interest. He may seek development financing from other state agencies following his compliance with the disclosure provisions of § 7(d).

  • EC-COI-85-16

    An assistant district attorney may serve as an incorporator of a non-profit corporation. He may not represent the corporation as its agent or attorney before state agencies and must abide by the standards of conduct in §23 whenever his public and private dealings overlap.

  • EC-COI-85-17 

    The director of the division of fairs in, the Department of Food and Agriculture may race his own horses at Foxboro in events other than those scheduled during the Foxboro Fair or as part of the Mass. Sire Stakes Program without violating §§4, 6 or 23. After a one-year cooling off period, he may also have financial dealings with Massachusetts breeders without violating § 23.

  • EC-COI-85-18

    A member of an independent state authority is a special state employee for the purposes of G.L. c. 268A, and is' subject to restrictions under § 4 on his private activities.

  • EC-COI-85-19

    A member of the Massachusetts Historical Commission (MHC) who also owns a corporation which may have an interest in a matter before the MHC must comply with § 4. Neither he nor his partner may appear on behalf of the corporation or receive compensation in relation to the matter. To avoid violating § 4 or § 5, the corporation should hire for the MHC proceedings an agent or attorney with no ownership interest in the company.

  • EC-COI-85-21 

    A general partner of consulting firm may accept a consultant contract with the Executive Office of Energy Resources, subject to the limitations of §§ 4, 6 and 23. Specifically, he may not represent the firm before EOER, share in any fees received by the firm from EOER grant recipients, or participate officially in EOER matters in which the firm has a financial interest.

  • EC-COI-85-25 

    A member of an independent state authority is a special state employee for the purposes of G.L. c. 268A. If he serves for more than sixty days in any 365 day period, he may not represent private parties in any matter pending in his agency. His representation of parties before other state agencies will not be treated as matters pending in his agency.

  • EC-COI-85-28

    A full-time state employee who wishes to start a business is subject to several restrictions under the conflict of interest law. He may neither perform work on referrals from a state agency, nor act as the agent of his business in seeking contracts with state agencies. He may have a financial interest in a state contract only if he qualifies for an exemption under §7. Once he leaves his state position, he may not work privately on matters which previously came before him in his state position.

  • EC-COI-85-30

    A member of the Massachusetts Historical Commission (MHC) who also owns a development corporation which will have matters pending before the MHC must comply with § 4. Neither he nor his partner may appear on behalf of the corporation or receive compensation in relation to the matter. To avoid violating § 4 or § 5, the corporation should hire for the MHC proceedings an agent or attorney with no ownership interest in the company.

  • EC-COI-85-32

    An attorney who works in a state agency may conduct her own real estate business subject to certain limitations. In particular, she may not take any action as a state employee with respect to any property or person with whom she does, or expects to do, business, nor may her business receive a commission from the purchase or sale of state property unless certain special conditions have been satisfied.

  • EC-COI-85-33

    An administrative official at a state educational facility and a management representative on the Board of Regents' Health and Welfare Trust Fund may also serve on the Board of Directors of a health maintenance organization.

  • EC-COI-85-35

    A full-time social worker for the Department of Social Services (DSS) may become a part-time DSS employee and also work for a private counseling agency, subject to certain limitations. In particular, she may not receive compensation from the private agency in relation to the referral or treatment of clients from DSS.

  • EC-COI-85-37

    A consultant to state agency ABC is a special state employee and is therefore permitted to assist a private firm in preparing a proposal to state agency DEF. While there is considerable coordination and cooperation between ABC and DEF, they are independent entities, so that a matter pending in one would not ordinarily be deemed to be pending in the other. If the contract is awarded to the firm, she may perform work under that contract without violating the conflict-of-interest law.

  • EC-COI-85-38

    A partner in a law firm may be appointed to the board of directors of the Government Land Bank, but he may not receive compensation accruing from his partners' services in connection with matters before the Land Bank, and his partners may not act as agents or attorneys for non-state parties in connection with matters before the Land Bank.

  • EC-COI-85-40

    A member of the General Court who is also an attorney in practice of law and employs other attorneys is prohibited under § 4 of the conflict-of-interest law from representing a client for compensation at a closing relative to the purchase of land from state agency but may represent the client for no compensation in relation to the proposed purchase and sale agreement.  The conflict-of-interest law would allow one of the member’s associate attorneys to perform the proposed work for the client for compensation as long as the associate, rather than the member, personally appeared before the state agency and its representatives.

  • EC-COI-85-41

    A court officer in a probate court may serve as a local constable subject to certain restrictions.

  • EC-COI-85-47

    A member of a quasi-public agency, who is also an officer of a bank, may in addition serve as an unpaid member of a municipal industrial development finance authority as long as he abstains from participation in matters overlapping any of the three entities and files appropriate disclosures.

  • EC-COI-85-53

    A full-time state employee may serve on the board of directors of a non-profit corporation. She may not act as the agent or attorney for the corporation before any state agency nor may she participate as a state employee in matters affecting the corporation. Since her spouse, the director of a state agency, may have subsequent official dealings with the corporation, his future decisions should be based on objective standards and should not create the impression of being unduly affected by her position on the board.

  • EC-COI-85-54

    A president of a state educational institution may also serve as director of a bank. However, he may not receive compensation from or act as agent of the bank in matters such as bank audits and bank applications to state agencies, nor can he participate as president of the educational institution in maters in which the bank has a financial interest.

  • EC-COI-85-55

    A full-time state employee who changes her employment status to contractor with the same agency would remain a state employee because she would continue to perform services for the state agency. She may submit a bid to her agency to provide services under a contract provided that in her state capacity she does not participate in her agency's decision to contract out such services.

  • EC-COI-85-56

    A physician for the commonwealth may maintain a part-time private medical practice and participate in a health maintenance organization administered by the state. She may only accept private patients who are not state employees. However, she must continue to accept only private patients who are not state employees.

  • EC-COI-85-57

    A full-time employee of a state educational institution may consult to a firm to perform private consulting work for private colleges and out-of-state universities. He is also prohibited from participating as a state employee with respect to any contracts the educational institution has with the firm.

  • EC-COI-85-67

    A member of a state board who is also a trustee of a local board which receives state board funds may not act as agent for his local board in connection with funding applications to the state board. He is further prohibited from taking actions as a state board member in connection with any matters in which his local board has a financial interest.

  • EC-COI-85-70

    The sole proprietor of a company may contract with a state agency which employs his wife because she has no financial interest in the company and does not participate in the management or control of the company. She may not participate as a state employee in the contract because her husband has a financial interest in the contract She must also avoid using her state agency resources such as copy machines, telephones and automobiles to further her husband's business. Additionally, she may not act as the agent or representative of her husband's company in its dealings with state agencies.

  • EC-COI-85-72

    Subject to certain conditions, an employee of the Commission for the Blind (MCB) may be a member of the board of directors of a private company. Section 4 prohibits him from representing the company in connection with a grant proposal to any state agency or otherwise acting as agent for the company in any particular matter in which the Commonwealth is a party or has a direct and substantial interest. Section 6 prohibits the employee from taking any official MCB action which would affect the financial interest of the company. Section 23 would prohibit the employee from using his contacts with the state to obtain favoritism or privileges in the awarding of contracts which may indirectly affect the company.

  • EC-COI-85-73

    A lawyer hired by the Attorney General to represent the Commonwealth in connection with property damage claims against the Manville Corporation is a state employee for the purposes of G.L. c. 268A. He may also assist a multi-state committee comprised of the Attorney General and attorneys general from twenty five other states to deal with Manville litigation issues common to other states because his assistance would be in the proper discharge of his official duties.

  • EC-COI-85-75

    Subject to certain limitations, the director of procurement for a state agency may serve as an unpaid member of the board of directors of a buying consortium which contracts with his agency. Section 6 would prohibit his participation as the director of procurement in any informal or formal decision-making concerning bids or contracts between the consortium and the agency, and also in bids of any organization competing with the consortium for the same contract. In performing periodic job performance evaluations of employees who will participate in the award or monitoring of contracts with the consortium, he must avoid using his official position to secure unwarranted privileges for the consortium and from conduct which creates the impression that the consortium will unduly enjoy his official favor.

  • EC-COI-85-76

    A clerk-magistrate for the district court department is a state employee for the purposes of G.L. c. 268A. He may purchase surplus property offered by a municipality because the commonwealth lacks a direct and substantial interest in the transaction. Should a matter come before him as clerk-magistrate during this period which involves the municipality's public facilities department, he must avoid creating the impression of undue favoritism. This can be achieved by either his refraining from participating in the case or by his disclosure of the facts to his appointing official and discussing safeguards which can dispel any improper impression.

  • EC-COI-85-79

    A member of the General Court is advised that § 4 applies in connection with an application to the Massachusetts Industrial Finance Agency for bond financing.

  • EC-COI-85-81

    A full-time state employee may not work for a private company after hours under a contract made by his own state agency. If he leaves his full-time position to work for the company under the contract, he will remain a state employee if the contract contemplates that he will perform certain specialized functions.

  • EC-COI-85-82

    A member of the General Court is permitted under section 4 of the conflict of interest law to represent clients before the state Industrial Accident. 

  • EC-COI-85-85

    A lawyer designated to represent a public instrumentality of the Commonwealth as its general counsel is a state employee for the purposes of G.L. c. 268A. He may also represent two communities in matters in which the state is neither a party nor has a direct and substantial interest. Because the state will not be affected by his advice to the communities, the state will not have a direct and substantial interest in these matters.

  • EC-COI-86-2

    An employee of the state Department of Environmental Quality Engineering may serve as an elected Board of Health member in his municipality subject to the restrictions of § 4 of the conflict of interest law.
  • EC-COI-86-3

    A state employee at the Secretary of State's office is considering a real estate venture that may seek limited partners which is overseen by the Secretary of State's office. Permissible but restrictions apply under sections 4, 5(d), 6 and 23.

  • EC-COI-86-6

    A state board member who is also president of a real estate development, contracting and property management company with matters that may come before the board is subject to the restrictions in §§ 4, 6, 7 and 23 of the conflict of interest law.
  • EC-COI-86-7

    Members of the state Designer Selection Board are special state employees required to comply with §§ 4, 5, 6, 7 and 23 of the conflict of interest law.
  • EC-COI-86-12

    A legislator who is an attorney in private practice would violate § 4 of the conflict of interest law by representing a client before the state Parole Board unless his appearance before the Parole Board was unpaid, but an associate in the law firm may appear on behalf of the client.
  • EC-COI-86-15

    A legislator who is also a licensed stockbroker may solicit and do business with municipal and county retirement boards subject to the restrictions set forth in §§ 4, 6 and 6A of the conflict of interest law.
  • EC-COI-86-20

    An employee of the Executive Office of Elder Affairs may serve on the board of a non-profit organization that receives EOEA funding subject to the restrictions set forth in §§ 4 and 6 of the conflict of interest law.
  • EC-COI-86-22

    A special state employee is subject to the restrictions of §§ 4(c), 6 and 23 of the conflict of interest law in matters involving her private business interests that may involve state agencies.
  • EC-COI-86-24

    A member of the General Court may represent his family farm in connection with applying for an agricultural restriction from the Department of Food and Agriculture subject to the restrictions of §§ 4, 6, 7 and 23(b)(2) of the conflict of interest law.
  • EC-COI-87-3

    Two members of the board of directors of the Community Economic Development Assistance Corporation are special state employees and may continue their outside activities, subject to certain conditions.

  • EC-COI-87-4

    A member of the General Court may continue employment as a consultant to a company as long as his compensation is not derived from any contracts between the company and the state, and he refrains from appearing before state agencies in connection with state contracts or other particular matters.

  • EC-COI-87-5

    A state employee may serve as a paid member of the board of directors of a bank.

  • EC-COI-87-6

    The chief executive officer of a company which has performed services for the campaign committee of the head of a state agency may accept employment with that agency.

  • EC-COI-87-13

    A chairman of a state agency may serve on the board of directors of a bank mutual fund, subject to provisions.

  • EC-COI-87-17

    Members of the DEQE Water Resources Management Advisory Committee are state employees.

  • EC-COI-87-23

    Section 3 prohibits a state agency head from receiving for himself a gift of substantial value relating to duties which the official has performed. By establishing a charitable trust which will receive and expend such gifts, the official will not have received for himself a gift in violation of section 3. He must observe the safeguards of section 23, however, in his official dealings with the donor.

  • EC-COI-87-26

    A former state employee who has recently become a special assistant attorney general may privately represent a client in the appeal of an adverse ruling by a state agency which will be represented by another bureau in the attorney general's office. Under section 23, the special attorney general is prohibited from disclosing confidential information obtained on the job and from using his official position to benefit his private client.

  • EC-COI-87-29

    A newly-hired state employee may receive deferred compensation from his former law firm for services performed prior to becoming a state employee, but must abstain from participating as a state employee in all matters affecting the financial interest of the firm's partners while he remains a partner in the firm's investment fund. His receipt from the firm of free tax preparation services for the current year would not violate section 23 because the firm makes the same service available to all former employees similarly situated.

  • EC-COI-88-15

    A state employee who is also a partner and part owner of a private development company is subject to the following provisions: (1) Under section 4 the employee cannot act as an agent for or receive compensation from the company in relation to any applications for funds from state programs; (2) an exemption under section 7(b) must be filed with the Ethics Commission if the company wishes to apply for funding under state programs; and (3) under section 23(b)(3) the employee must not be unduly influenced by his private business in his official actions.

  • EC-COI-88-17

    A full-time state employee may become an unpaid board of trustees member for an organization for the homeless subject to certain restrictions. Section 4(c) would prohibit the employee from acting as an agent or representative for the organization before state agencies on matters in which the state has a direct and substantial interest. This section would not prohibit the employee from participating in internal board of director discussions including matters in which the state has an interest. An exemption from section 4(c) would not be available since the employee's official duties do not specifically authorize membership on the Board o f trustees. If the state employee's duties require her to participate in a matter which would financially affect the Board, she must comply with a section 6 exemption to avoid a violation of that section.

  • 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-89-12

    A member of the judiciary may accept membership on the board of advisors to a hospital, subject to certain limitations. He must avoid appearing on behalf of the hospital before any state agencies and must dispel any appearance of undue favoritism as a judge towards the hospital.

  • EC-COI-89-15

    An unpaid member of a state authority is a special state employee. He may retain his membership on the board of overseers of an institution that falls under the jurisdiction of his state authority because, in this case, the overseers do not have management authority over the institution, but instead have advisory authority. Therefore, the employee's status as a board member does not require his abstention under section 6, although proper disclosures under section 23 could be necessary in certain instances. As a special state employee, he must avoid acting as agent or attorney for the institution in connection with anything under his official responsibility at the authority.

  • EC-COI-89-29

    A special state employee who is also a private attorney may participate as a state employee in the re-sale of property previously purchased by his state agency from a former legal client of the special state employee. The employee must abstain from participating in particular matters that affect his own financial interests or those of his immediate family, partners, or associates, and must

  • EC-COI-89-31

    A member of the General Court who is also an attorney would be subject to section 4 if he were to become "of counsel" to a large law firm which either currently or potentially represents clients before state agencies. Unless the Legislator is deemed to have "partner" status at the private law firm, the section 4 restrictions will not apply to other attorneys in the law firm.

  • 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-90-8  

    A state agency counsel is advised on the application of G.L. c. 268A, section 4 to his part-time employment as town counsel.

  • EC-COI-90-12

    A private attorney who volunteers to serve as a mediator for the state Department of Environmental Protection pursuant to a Department Environmental Protection/Boston Bar Association program will be considered a special state employee under G.L.c. 268A. The restrictions which G.L. c. 268A, section 4 places on the attorney's private law practice will be limited as long as the attorney does not serve as a mediator for DEP for more than 60 days in any 365-day period.

  • EC-COI-90-13

    A state employee may work after hours for a municipal waste treatment plant as long as he does not act or vote in his municipal capacity on any matter within the purview of his state agency. The employee's work for a private company, however, may not relate to any matter in which DEP or any state agency has a direct and substantial interest.

  • EC-COI-91-4

    A state employee who serves as a member of the boards of directors for two private corporations may accept compensation and otherwise act in such positions because the companies' activities do not relate to any contract or other particular matter in which the Commonwealth or an agency thereof is a party of has a direct and substantial interest. Similarly, a state employee may provide consulting services to a quasi-public agency of another state where none of the agency's activities relate to a contract or other particular matter in which the Commonwealth is a party or has a direct and substantial interest.

  • EC-COI-91-5

    Section 4 of G.L. c. 268A, would prohibit outside counsel for a state agency board from representing a municipality in litigation against the state agency because, although a special state employee, he served as outside counsel to the state agency board for more than 60-days during a floating 365 day period applicable to special state employees.

  • EC-COI-91-11

    A state employee who chose to take required "furlough" time (under St. 1990, c. 6, section 90) as unpaid leave continued to be a state employee under G.L. c.268A, in view of the employee's receiving continued health insurance and other benefits and having a reasonable expectation of returning to work. However, the employee was a "special state employee" for the purpose of analysis under Sections 4 and 7.

  • EC-COI-92-4

    A volunteer state employee may continue to receive compensation from his private employer, from whom he has obtained a leave of absence, provided that a specifically tailored state regulation authorizes the arrangement, notwithstanding the restrictions of G.L. c. 268A, section 4. The regulation would make the arrangement "as provided by law for the proper discharge of official duties" within the meaning of section 4. The state employee will, however, be subject to other guidelines under c. 268A.

  • EC-COI-92-8

    A member of the General Court may hold, and receive compensation for, an elective or appointive municipal office without the necessity of complying with the "purview" restrictions applicable to other state employees (found in G.L. c. 268A, section 4). Members of the General Court are exempt from the restrictions of section 4, except under limited circumstances.

  • EC-COI-92-16

    Under some circumstances, a former state employee who later contracts with a different state agency is covered by the restrictions of both section 4 and section 5.

  • EC-COI-92-20

    The superintendent of a public school system who serve on a computer company's users' advisory committee could not accept from the company payment of her travel, hotel and meal costs to attend at an advisory committee meeting. The superintendent had previously entered into contracts with the computer company on behalf of the school system. Section 3 would not prohibit receipt of travel and associated costs if the municipality had a by-law or charter provision regulating vendor paid travel.

  • EC-COI-92-22

    Section 4 permits an employee of the state Department of Environmental Protection (the Department) also to serve as a member of a local Board of Selectmen. He must, however, as a Selectman, abstain on certain matters which fall within the purview of the Department.

  • EC-COI-92-25

    A state environmental police officer may also be appointed to an unpaid municipal conservation commission, but he may not act as that commission's agent in relation to any particular matter within his state agency's purview. In effect, he may also not perform his state environmental police duties within that town.

  • EC-COI-93-5

    An agent of the Division of Registration assigned to the Pharmacy Board of Registration may be employed as a registered pharmacist outside of his normal state working hours provided that he does not serve as the principal pharmacist for the pharmacy and will therefore not have dealings with any agency of the Commonwealth. Under section 6, as an agent for the Division, he may not participate in inspections or investigations of the pharmacy by which he is privately employed or of any of the geographic competitors of that pharmacy.

  • EC-COI-93-9

    A former state employee cannot receive private compensation in connection with particular matters in which he participated as a state employee. Where a company provides services that the former state employee is prohibited from providing himself, mere investment income is not "compensation," unless the individual is active in the business. Such "compensation" (i.e. the proceeds from the prohibited sources) must be segregated from any pool of money which is used to pay the individual his salary or to determine his share of profits. Finally, fellow officers and shareholders of a corporation are not "partners" of the former state employee for purposes of section 5(c), unless there is reason to disregard the corporate entity.

  • EC-COI-93-12

    The "municipal exemption" to Section 4 prohibits a paid municipal official who is also an employee in the Governor's Office from voting or acting on any matter which is within the "purview" of the Governor's office. Since the Governor's purview encompasses the entire Executive Branch, the purview limitation will restrict the municipal employee to a large degree. The municipal employee may wish to relinquish his municipal salary, as the municipal exemption restricts unpaid municipal employees only in the narrow circumstances when he acts as agent for a municipal agency or municipality. Thus, an unpaid municipal employee will be subject to the "purview" limitation only where he acts as an agent for the municipality or a municipal agency.

  • EC-COI-93-24

    268A and 268B would regulate the private law practice of a potential appointee to the State Ethics Commission. The potential appointee would be unable to take any official action on matters involving clients represented by her private law firm. Fellow members and associates of her firm (which is a Professional Corporation) are not "partners" for the purposes of section 5(d), unless there is reason to disregard the corporate entity.

  • EC-COI-94-10

    Using a five-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.

  • EC-COI-95-6

    A state employee would violate c. 268A, section 4 by working for a private school administering tests for state licenses which are part of the state employee's official duties.

  • EC-COI-95-9

    A member of the General Court, privately employed as a residential loan officer, is advised that he may not accept commissions for initiating loans which involve state financial assistance programs. Also, his private work is subject to the restrictions of G.L. c. 268A, sections 4, 6 and 23.

  • EC-COI-96-1

    A Special Assistant Attorney General (SAAG) appointed by the Attorney General to represent the Energy Facilities Siting Board in an appeal of a decision before the Supreme Judicial Court can represent private clients in litigation involving the Attorney General's Office without violating G.L. c. 268A, section 4 because the SAAG serves only the Energy Facilities Siting Board and not the Attorney General's Office.

  • EC-COI-97-2

    A state official who is an attorney in private practice may represent law clients before the state Division of Industrial Accidents.

  • EC-COI-97-3

    A charter school is a public rather than private entity and a state rather than a municipal agency. A charter school trustee who serves without election or appointment cannot obtain an exemption under section 6. A charter school trustee may serve on an elected school committee subject to certain restrictions under sections 4, 6, 17, and 23.

  • EC-COI-98-1

    Fire Safety Commission and Automatic Sprinkler Appeals Board may not receive compensation from a client in connection with work that might be submitted to his board or result in an appeal.

  • EC-COI-98-6

    As used in section 4, "serves on no more than sixty days" means substantive services provided on any portion of a calendar day.

  • EC-COI-98-7

    A state employee who is a lawyer in private practice may not represent clients in connection with discrimination claims filed against their employers with the Massachusetts Commission Against Discrimination.

  • EC-COI-99-7

    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.

  • EC-COI-03-1

    Pursuant to G.L. c. 268A, section 4, a probation officer may receive statutory fees (compensation) from a party other than the Commonwealth for services rendered as a constable in relation to litigation matters involving only non-state parties. A probation officer may not receive compensation as a constable for services rendered in connection with criminal proceedings or proceedings before a state court or agency where the Commonwealth or a state agency is a party or has a direct and substantial interest. (This opinion modifies EC-COI-94-4.)

  • EC-COI-10-2

    The conflict of interest law does not prohibit a DPL investigator/inspector, who is not involved in creating, evaluating, or administering examinations by the Board and has no role in the Board’s policies, approvals or audits of education programs, from, during his time off from his state position and in his private capacity, engaging in private or other non-state plumbing and gas fitting course teaching activities for private or other non-state compensation, provided that those teaching activities are limited exclusively to actual teaching of course subject matter and do not include curriculum development, student evaluation, testing, grading, attendance keeping or reporting, or any other activity relating to the process of initial or ongoing state licensing.

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