Advisory Opinion No. 1995-14
Municipal Position As
Constable
Pursuant to Regulations of Connecticut State Agencies
§5-266a-1, a classified state employee may not hold an elective municipal
position if, in his or her state position, the employee has discretionary power
to remove or penalize the incumbent of the municipal office or regulate his or
her compensation, approve the accounts or actions of the Office or affect any
State monies for which the municipality itself would be eligible. The petitioner does not have discretionary
authority to affect either the Office of constable or the City of In addition, Conn. Gen. Stat. §1-84(b) prohibits the
acceptance of other employment which will either impair a state employees
independence of judgment with respect to his or her state duties, or which will
result in the disclosure of confidential information acquired in the course of
state service. Pursuant to Conn. Gen.
Stat. §1-84(c), a state employee may not use his or her public position or
confidential information acquired as a result of such position to obtain
financial gain. Given the petitioners
state duties, neither his independence of judgment nor confidential information
would be compromised by the nature of his proposed outside employment. However, if the petitioner should find that the service of
tax warrants requires regular or prolonged absences from his state work day,
the Commission would view the outside employment as an impairment of the
petitioners independence of judgment with respect to his state duties, in
violation of Conn. Gen. Stat. §1-84(b). By order of the Commission, David T. Nassef
Chairperson