Massachusetts Lawmakers Working Second Jobs

Some state lawmakers have second jobs with companies that profit from doing business before state government, raising questions of whether this often-lucrative outside work poses a conflict of interest for our state representatives and senators.

State Sen. Frederick Berry , D-Peabody, earns $91,219 as House Majority Leader and chairman of the Senate Ethics Committee. They’re big responsibilities, but not big enough to stop him from earning $45,000 last year as a consultant for Work, Inc., a non-profit company that collects millions from the state every year to help put the disabled to work.

“It raises some questions. It really does,” said state Rep. George Peterson , R-Grafton Peterson said he doesn’t object to lawmakers holding outside jobs. But he said Berry’s case raises a red flag.

“To me it's the appearance of the conflict. The senator receives some form of compensation from this entity which receives some form of compensation from the state budget,” Peterson said.

Work Inc. receives plenty of compensation from the state. Records show the Quincy non-profit collected $24 million from the Massachusetts in the past two-and-a-half years. In addition, some of Berry's senate colleagues singled out Work Inc. for even more money by filing earmarks worth hundreds of thousands of dollars.

Berry and Work Inc. head James Cassetta both say the consulting arrangement has been cleared by the State Ethics Commission. But that's not good enough to Peterson.

“We play a big role in who gets what money from the state. To me, it’s a conflict,” Peterson said.

To help prevent conflicts, the state ethics law requires lawmakers to disclose any outside income. It’s public information, available to anyone, but requires a trip into downtown Boston during business hours and requesting each lawmaker’s disclosure form, one at a time.

FOX Undercover has obtained these disclosures for every one of our 200 state lawmakers and posted them on our website. Our review of them shows Berry isn't the only one profiting from companies that do business before the state.

State Rep. Cory Atkins , D-Concord, owned 26 percent of the lobbying firm ADS Ventures until her divorce last year. With clients including the powerful health care workers union SEIU 1199, The New England Aquarium and Apple Computers, the firm has plenty of interest influencing policy-makers on Beacon Hill.

Asked if any of the companies benefitted from her position at the State House, Atkins said, “No. And I think one of the things that I'm known for, for better or worse, is being a pretty independent voter.”

Atkins did acknowledge that there could be the appearance of a conflict of interest, but said she gave up any active role with the lobbying firm after she was elected ten years ago.

But her Republican colleague said it was a situation he would have avoided.

“To me, it's a problem. I would not want to put myself in that position,” Peterson said. “But everyone has to make a decision with what they feel comfortable with.”

Other lawmakers have business interests which intersect with their public jobs.

State Rep. David Torrisi , D-North Andover, owns a 12 percent share in his family’s business, Jackson Lumber and Millwork. Jackson Lumber has sold $602,948 worth of goods to state agencies in the past two and a half years, Comptroller’s records show.

Torissi said he's not involved in day-to-day operations of Jackson Lumber but has hired an attorney to review the arrangement.

State Rep. John Fernandes , D-Milford, also works as a private attorney, and represents clients looking for approvals from local government. Fernandes, who declined to comment for this story, made more than $100,000 last year at his law practice.

But another legislator who also works as an attorney said his outside job helps him be a better lawmaker.

“When I'm down in my firm and trying to figure out with the other partners how to make payroll and how to deal with increase of 10 percent again this year on health insurance, those are relevant factors I bring back up here to my job,” said state Rep. Garrett Bradley , D-Hingham.

Pamela Wilmot, head of Common Cause Massachusetts, said it’s not necessarily bad to have lawmakers work on the side, but said some conflicts are inevitable.

“There are conflicts that do arise and how those individuals negotiate those conflicts are generally a matter of personal conscience,” Wilmot said.

In any case, Wilmot said it should be easier to find out just what our state lawmakers are doing when they’re not representing us.

“The information should be more easily accessible. It should be on the Internet. This is public information,” she said. “It shouldn’t be so difficult.”