Number 9 July 18, 1975

Number 9 July 18, 1975 Paul A. Chernoff, Chairperson Commonwealth ofMassachusetts Parole Board Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Mr. Chernoff: The members of the Parole Board have requested my opinion concerning the interpretation of the final sentence of G.L. c. 27, § 4 which provides that: Members shall devote full time to their duties, and no member shall hold any other salaried public office or engage in any busi- ness or profession for profit during his incumbency. Your request for an interpretation of this sentence is sought with reference to the types of activities (teaching, consulting, the ministry, and writing for publication) in which Parole Board members have traditionally participated outside of working hours. The words "business", "profession" and "for profit" are not defined in Chapter 27. Since they are not technical terms and there is no contrary indication in the statute, they are to be construed according to their ordinary P.D. 12 79 meaning as applied to the subject matter of the act. Randall's case, 33 1 Mass. 383 (1954); Franki Foundation v. State Tax Commission, 1972 Mass. Adv. Sh. 785. An analysis of the recent legislative history indicates that this last sentence of c. 27, § 4 was part of an effort to professionalize the Parole Board.' The language prohibiting outside activity by Parole Board members, therefore, was part of an overall statutory scheme designed to increase the responsibili- ties and improve the qualifications of the Parole Board and insure that members devoted full time to their duties. In this regard, it is interesting to note that the prohibitory languge of c. 27, § 4 is more specific than that restricting activities of members of other Boards.^ Within this context, "business" and "profession" assume their broadest meaning. Inasmuch as the two terms are used separately, it is presumed that "business" refers to "commercial, manufacturing or service" dealings. The Random House Dictionary of the English Language, 201 (1966). The term "profession", although originally limited to the three learned professions of law, medicine and theology, has come to mean any "vocation requiring knowledge of some department of learning or science." The Random House Dictionary of the English Language, 1 148 (1966). Based on these definitions, I find that the types of activities about which you have inquired (teaching, consulting, the ministry, writing for publication) are within the common and ordinary meaning of "profession." My next inquiry is directed towards the meaning of the phrase "for profit." Although profit can connote a broad definition of any advantage, benefit or gain, I find that its ordinary dictionary meaning is the receipt of monetary compensation. The Random House Dictionary of the English Lan- guage, 1149(1966). Finally, there is no general requirement that Parole Board members restrict their activities exclusively to Parole Board business. Indeed, the time requirement is that they devote "full time" to their duties. The ordinary meaning of "full time" is the "number of hours in a period . . . considered customary for pursuing an activity." The Random House Dictionary of the English Language, 573 (1966). Using these definitions, I respond to your specific questions as follows: 1. The teaching of a college course during nonbusiness hours for a modest stipend is engaging in a business for profit within the meaning of the statute. The language of the statute does not permit me to draw distinctions between "modest" and "other" stipends. 'In 1970, the Legislature significantly extended the jurisdiction of the Parole Board. St. 1970. c. 29X. The language of c. 27. §4 in question was added by chapter 994 of the Acts of 1971 which increased the qualifications required for appointment to the Parole Board .\ significant salary increment for members of the Board, included in earlier drafts of c 994. was deleted prior to final passage of the legislation. -Prior to the 1971 enactment, the requirement for Parole Board members was that "each shall devote his full lime during business hours to the duties of his office " Inserted by St 1963, c XOI Section 15 of c 27 governing the industrial Accident Board, provides that "the members shall devote their whole lime to the work of the Board and shall not engage in any profession, practice or business " Section 9P of c. 23. which governs the Labor Relations Commission of the Department of Labor, provides that "members shall devote their whole time to the work of commission and shall not engage in any profession, practice or business." 80 P.D. 12 2. The occasional providing of consultant or professional eval- uation services is similarly prohibited by the statute. 3. If the monies received from teaching and/or consulting were donated to a charitable or nonprofit organization, the activi- ties would not be "for profit" and, therefore, not prohibited by c.27,§4. 4. A member who is also a member of the clergy may receive money in the form of a housing allowance from a parish. A rental allowance furnished to a minister, to the extent it is used as rent or to provide a home, is not included in gross income. INTERNAL REVENUE CODE of 1954, § 107. I, therefore, find that the member of the clergy is not engaging in a profes- sion "for profit" by accepting a housing allowance. 5. A member who is also a member of the clergy may not receive nonsubsistence income from his parish as compensation for clerical work. 6. Members may not receive financial return for published writ- ing, if the financial return is in an amount greater than that necessary to compensate for their out-of-pocket expenses. Very truly yours, FRANCIS X. BELLOTTI Attorney General