Advisory Opinion No. 1994-18
Department Of State Agency
This issue has been addressed by the Commission many times,
both in advisory opinions and in enforcement actions. See, for example, State Ethics Commission
Advisory Opinion No. 88-8, 49 Conn. L.J. No. 48, p. 3D ( The salient prohibition in this situation is that the
individual who is in a position of superior authority may not take any action
which furthers the financial interest of his or her spouse. See Conn. Gen. Stat. §1-84(c), which,
in part, prohibits a state employee or public official from using his or her
public office or position to obtain financial gain for himself or herself, a
spouse, child, childs spouse, parent, brother, sister or a business with which
he or she is associated. From the hiring
process to the evaluation process, the spouse of greater rank must refrain from
taking any such action. For example, in
this case, Mr. Costello as camp manager must not supervise his wifes
day-to-day performance of her job, nor evaluate her job performance. Similarly, Mr. Costello may take no action
which would affect the financial interest of anyone in competition with Mrs.
Costello. For example, he should not
evaluate the job performance of any individual competing with his wife for wage
increases or other benefits. When a conflict of interest does arise (for example, when
Mrs. Costellos job performance must be evaluated, or her re-hiring is at
issue), then Mr. Costello must notify his superior in writing of the potential
conflict. Conn. Gen. Stat. §1-86. That supervisor will then either handle the
matter personally or assign it to an individual of equal or greater rank to Mr.
Costello. If the number and quality of
potential conflicts are so great that they interfere significantly with the
performance of Mr. Costellos duties, then it might become necessary for either
husband or wife to transfer to a different assignment. Mrs. Costello indicates that it is the Park
Supervisor or his assistant, and not Mr. Costello, who hire the park staff and
designate starting salaries and raises.
If Mr. Costello is able to avoid the potential conflicts described, then
the spouses employment is not prohibited by the Code. Finally, Mrs. Costello has asked whether this Commission can
address issues of sex discrimination.
Such issues are, however, outside the jurisdiction of the Ethics
Commission. By order of the Commission, R.E. VanNorstrand
Chairperson