Advisory Opinion No. 1994-14
Outside Employment Of Revenue
Examiner, Department
Of Revenue Services, Selling
Deferred Compensation Plans
An employee in the Department of Revenue Services (DRS) wishes to sell deferred compensation plans to both state and non-state employees. His position is that of Revenue Examiner I whose primary responsibilities are to conduct sales and use tax audits. Mr. Bruce Chamberlain, a personnel administrator for DRS, has asked whether this outside employment is permissible under the Code of Ethics for Public Officials, Chapter 10, Part I, Connecticut General Statutes.
In general, the Code prohibits a state employee from
accepting outside employment which would impair his independence of judgment as
to official duties or require or induce disclosure of confidential information
acquired in state service. Conn. Gen.
Stat. §1-84(b). Additionally, a state
employee may not use his public position or confidential information received
through holding such position to obtain personal financial gain. Conn. Gen. Stat. §1-84(c). The Commission has previously held that
conflicts of interests, both real and apparent, are almost inevitable when a
State employee accepts outside employment with an entity which can benefit from
the employees official actions.
See, e.g., State Ethics Commission Advisory Opinion No. 88-14, 50 Conn. L.J.
No. 15, p. 1D (Oct. 11, 1988); Ethics Opinion No. 89-30, 51 Conn. L.J. No. 25,
p. 1E (
In theory, every individual in the state has the potential of being audited by DRS and, therefore, could potentially benefit from the state employees official actions. However, the prohibition against doing work for those subject to regulation by a state employees agency was not intended to be so broad as to extend to every entity or individual theoretically regulated by an agency. State Ethics Commission Advisory Opinion No. 89-30, supra. It follows, therefore, that the substantial body of Commission rulings regarding this area only prohibit outside activity which is closely related to the state servants official duties or responsibilities. See, e.g., State Ethics Commission Advisory Opinion No. 91-10, 52 Conn. L.J. No. 46, p. 1C (May 14, 1991) (Child day care registration supervisor with outside business activity as dog breeder may purchase dogs from or sell dogs to a day care provider).
In this instance, the outside activity is totally separate
from the state employees public work.
Nevertheless, when a state regulatory official engages in a private
business transaction with a person subject to his or her official authority,
the potential for impairment of judgment or misuse of office clearly still
exists.
Additionally, the state employee may not use information
obtained through his state position to select potential clients who he may be
able to identify as having a need for purchasing a deferred compensation
plan. See State Ethics Commission
Advisory Opinion No. 89-16, 50
By order of the Commission,
Christopher T. Donohue
Chairperson