Advisory Opinion No. 1993-11
Who May Become Member Of The
In general, the Code of Ethics for Public Officials attempts
to prevent public officials and state employees from using the authority of
their state position for the financial benefit of themselves, their families,
or their businesses. See Conn.
Gen. Stat. §§1-84(a), 1-84(c), 1-84(d), 1-84(i),
1-84(f), 1-85, and 1-86(a). The
applicable Code sections regarding a state employees conflict in the discharge
of his duties or employment are Conn. Gen. Stat. §§1-85 and 1-86(a). Conn. Gen. Stat. §1-85 states that there is substantial
conflict of interest when a state employee takes official action if he has
reason to believe or expect that he will derive a direct monetary gain
or loss by reason of his official activity, unless any benefit or detriment
accrues to him as a member of a profession, occupation, or group to no greater
extent than any other member of such profession, occupation or group. A state employee who has a substantial
conflict of interest may not take official action on the matter. The term direct means
absolute, immediate, or without intervening conditions. State Ethics Commission Declaratory Ruling 92-C, In pertinent part under Conn. Gen. Stat. §1-86(a), a
potential conflict of interest exists when a state employee would be required
in the discharge of his official duties to take an action that would affect his
financial interest. Unlike a substantial
conflict, there is no requirement that the financial impact either be direct or
affect the individual differently from other members of his profession,
occupation, or group. However, there
still must be a reasonable expectation on the part of the individual that there
will be some financial impact based on his actions. Dr. Newton has stated that it is standard
practice at the University to offer administrative positions with the option to
return as a faculty member. He has also
stated that it is not his expectation to return as a faculty member. Therefore, Dr. Newton does not have a
potential conflict absent any evidence that he expects to return as a faculty
member during the term of the contract in question. If a potential conflict should exist, the individual must
prepare a written statement signed under penalty of false statement describing
the matter requiring action and the nature of the conflict and deliver a copy
of the statement to his immediate superior, if any, who shall assign the matter
to another employee, or if he has no immediate superior, he shall take such
steps as the commission shall prescribe or advise. Conn. Gen. Stat. §1-86(a). By order of the Commission, Christopher T. Donohue
Chairperson