Advisory Opinion No. 1994-21
Effect Of
Outside Employment Restrictions On
Proposed Preparation Of Private Publication By
Department Of Public Works
Employee For
Design Professionals
Mr. Humble also serves on the state Codes and Standards
Committee. The Committee and the State
Building Inspector jointly administer the State Building Code. Conn. Gen. Stat.
§29-252(a). At any citizens
request, the State Building Inspector will provide an interpretation of the
State Building Code. Conn.
Gen. Stat. §29-252(c). An
interpretation which addresses a specific problem is called a
clarification. It is these
clarifications which Mr. Humble wishes to compile into a guide for sale to a
targeted audience of design professionals, code officials and building owners. Mr. Humbles proposed publication
raises a serious concern under the Code of Ethics. As a DPW employee, Mr. Humble is constantly
interacting with the very design professionals to whom he wishes to sell his
guide. These professionals want Mr.
Humble to approve their state contracts, and even to approve their invoices for
payment under those contracts. It is
unrealistic to suppose that Mr. Humbles state
position will not influence these individuals decision to purchase his
publication. The Code of Ethics prohibits the use of
a state employees public office or position, however inadvertent, to obtain
financial gain for himself. Conn. Gen. Stat. §1-84(c).
Thus, Mr. Humble may not prepare a publication for sale to the group of
individuals with whom he deals in his state capacity. See State Ethics Commission Advisory Opinion
No. 88-16, 50 Conn. L.J. No. 15, p. 5D, ( Mr. Humbles position on the Codes
and Standards Committee may also be problematic, but need not be addressed
since Mr. Humbles work at DPW precludes his
publication for sale of the guide he has proposed. By order of the Commission, R.E. VanNorstrand
Chairperson