Advisory Opinion No. 1993-18
Retardation Case Manager Who
Leaves To Become Private
Agency Executive Director
First, under Conn. Gen. Stat. §1-84b(d),
no former state employee who participated substantially in the negotiation or
award of a contract obliging the state to pay fifty thousand dollars or more,
or who supervised the negotiation or award of such a contract, may accept a job
with a party to the contract other than the state for a year after leaving
state service if the contract was executed less than a year before state
employment is terminated. Substantial
participation is any activity which is more than simply ministerial in nature,
and includes, for example, participation on a negotiating team. See Advisory Opinion No. 86-9, 48 Turning to the post-employment restrictions, as a
preliminary matter, Mr. Love has demonstrated sensitivity to the requirements
of the Code by structuring an arrangement with UCP/GH which appears to avoid
the revolving door problems most often encountered. For example, he has been specifically
forbidden by the Board of UCP/GH never to represent that organization in
connection with any particular matter in which he participated personally and
substantially while in state service and in which the state has a substantial
interest. Such representation is
prohibited by Conn. Gen. Stat. §1-84b(a). Similarly, Mr. Love has agreed with UCP/GH not to represent
that group before DMR for a period of one year after leaving his state job, as
required by Conn. Gen. Stat. §1-84b(b).
Mr. Love is not prohibited from using his expertise gained in state
service to assist UCP/GH back at the office, for example in preparing
documents for submission to DMR, although he may not attend meetings with DMR
employees, make phone calls, sign applications or other correspondence, or
include his name on UCP/GH letterhead submitted to DMR. See Advisory Opinion No. 91-24, 53 Finally, under Conn. Gen. Stat. §1-84a, Mr. Love may not use
or disclose any confidential information acquired by him in the course of his
state job for financial gain for himself or anyone else. Provided that these restrictions are followed--which the
exemplary approach to the problem taken by Mr. Love and his future employer
seems to ensure--the Code does not prohibit the employment contemplated. By order of the Commission, Christopher T. Donohue
Chairperson