Advisory Opinion No. 1994-9

State Employee’s Former Employer Bidding For
State Contract

The Department of Children and Families (DCF) has received bids for a “single statewide computer system (SSCS).”  The Project Manager for the SSCS is Ms. Amy Scully whose former employer, Andersen Consulting, has submitted a bid.  The Office of the Attorney General has asked whether it is permissible under the Code of Ethics for Public Officials for Ms. Scully to interact with, or make decisions concerning her former employer or any competing vendor regarding bids for the SSCS.

In general, the Code of Ethics for Public Officials, Chapter 10, Part I, Connecticut General Statutes, prohibits use of one’s state position for personal financial gain.  See Conn. Gen. Stat. §§1-84(a), 1-84(b), 1-84(c).  Absent any quid pro quo, such as a promise to return to Andersen Consulting in return for selecting them as the successful bidder, there is no restriction on her involvement in either the bidding process or implementation of the project.  Furthermore, although the Code restricts contact with one’s former state agency for one year after termination of state service, there is no parallel restriction regarding contact with your former employer when coming from the private sector to state service.  See Conn. Gen. Stat. §1-84b.  Therefore, based on the facts provided, Ms. Scully may take part in any aspect of the SSCS project.

By order of the Commission,

Christopher T. Donohue
Chairperson