The advisory opinion
Office of Campaign and Political Finance · from OCPF · 2 pages · 126 KB
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Offce of
One Anhbustorn Place, Boston 02408
787 8352 A D- / A
AO-1984-14
September 17, 1984
Ms. Susan R. Burstein
36 Riverside Drive
Waltham, MA 02154
Dear Ms. Burstein:
This is in response to your recent request for an advisory opinion
im accordance with M.G.L. ¢. fifty-five campaign finance law. Specific-
ally, you have inquired whether, given the particular circumstances of
your employment, Section thirteen of Chapter fifty-five prohibits you
from being Treasurer of the Waltham Democratic City Committee.
You have presented the following facts. You are employed as a
Principal Planner by the New England Interstate Water Pollution Control
Commission [hereinafter referred to as NEIWPCC]. You have characterized
this is an interstate commision created by Compact entered into by the
New England States and New York pursuant to Congressional authorization.
Each of the signatory states, including Massachusetts, appropriates money
for NEIWPCC salaries, offices, administration, travel and other expenses
recommended by the Commission. :
The Massachusetts Department of Environmental Quality Engineering
{hereinafter referred to as DEQE] has engaged the NEIWPCC to develop and
improve its financial and administrative systems relative to water supply
management and other work carried out by the DEQE pursuant to federal
and state environmental laws. The contract between NEIWPCC and the DEQE
provides that the NEIWPCC furnish staff and services to the DEQE pursuant
to job descriptions provided by the DEQE. The DEQE provides working
space, copy services and telephones to the NEIWPCC staff. NEIWPCC ini-
tially incurs expenses for salaries and services and obtains subsequent
reimbursement from the DEQE in accordance with terms and payment limita-
tions set forth in the contract by submitting standard invoices. Staff
furnished by the NEIWPCC are enrolled in either of its group health
insurance plans. Finally , you state that you are not named in the con-
tract between NEIWPCC and the DEQE and the checks you receive as salary
are from NEIWPCC. Finally, you have submitted a letter from Sidney D.
Kallman, Comptroller of the New England Interstate Water Pollution Con-
trol Commission which represents that you are employed as a Principal
Planner by the Commission.
Ms. Burstein
Page 2
September 17, 1984
Section thirteen of Chapter fifty-five provides in relevant part
that "No person employed for compensation, other than an elected officer,
by the commonwealth or any county, city or town shall directly or
indirectly solicit or receive any gift, payment, contribution, assess~
ment subscription or promise of money or other thing of value for the
political campaign purposes of any candidate for public office or of
sany political committee, or for any political purpose whatever..." As
was stated in Advisory Opinion 84-2, issued January 26, 1984, "It has
been a longstanding and consistent interpretation by this office that an
individual subject to the provisions of this section may not be the
treasurer of a political committee, given the responsibilities imposed
on that office by c. 55."
The issue before us is whether, given the particular circumstances
of your employment, you are an individual subject to the provisions of
Section thirteen. -You state that you are supervised by other staff of the
NEIWPCC. While services by someone like yourself are provided for
in the contract between the DEQE and NEIWPCC, it is NEIWPCC which has
placed you, in particular, at the DEQE, and it is NEIWPCC which is
responsible for your work. While your salary is billed to the DEQE
by NEIWPCC you receive your salary checks from NEIWPCC and are enrolled
in one of their group insurance plans. The DEQE employee responsible
for overseeing the contract with NEIWPCC does not consider you or any
other NEIWPCC staff as persons employed for compensation by the common-
wealth.
In my opinion, the particular facts and circumstances of your em-
ployment compels the conclusion that you are not a "person employed for
compensation by the commonwealth or any county, city or town" as that
term applies to chapter fifty-five. Section thirteen does not, there-
fore, prohibt you from being Treasurer of the Waltham Democratic City
Committee.
This opinion concerns the application of Chapter fifty-five, the
Massachusetts campaign finance law, to your activities. Purthermore,
the evidence you have presented indicates that authorities of the NEIWPCC
view you as an employee of the Commission. You may wish to consult the
appropriate federal agencies to determine if any federal law, such as
the Hatch Political Activity Act, would apply to your activities.
Wrery truly yours,
Days Mi
Dennis J. Duffin
Director
DJD/rep