Advisory Opinion No. 1996-2
Bridgeport Harbor Masters
Proposed Agreement
With
The Harbor Masters Office serves as the only security force
on the water of the The BPA has stated that the proposal submitted by the Harbor
Masters Office is the best response received.
The Authority has asked if it is permissible, under the Code of Ethics
for Public Officials, Conn. Gen. Stat. Chapter 10, Part I, for the Harbor
Master to provide the requested services. The Harbor Master is appointed by the Governor pursuant to
Conn. Gen. Stat. §15-1. He reports to
the Commissioner of Transportation and his salary is determined by the
Commissioner of Transportation and his salary is determined by the Commissioner
of Administrative Services. Conn. Gen.
Stat. §§15-1, 15-2. It is, therefore, a
position within the executive branch of state government. It follows that the Harbor master is a public
official, as defined by Conn. Gen. Stat. §1-79(k), and subject to the
provisions of the Code. Pursuant to Conn. Gen. Stat. §1-84(c), a public official may
not use his public position, however inadvertently, for personal financial
gain. The State Ethics Commission has
previously held that [t]here seems to be no doubt that there are inherent
conflicts of interest when an employee is also the employer, or a full member
of the body which is the employer.
State Ethics Commission Advisory Opinion No. 91-18, 53 Conn. L.J. No. 2, p. 3C
( By virtue of his state position, the Harbor Master is a
member of the BPA which must select and supervise the successful bidder for the
contract in question. His credibility
among potential bidders does not result from his expertise alone, but rather
results, in part, from his current position as Harbor Master. Furthermore, a public official may not accept outside
employment which would impair his independence of judgment as to his official
duties. Conn. Gen. Stat. §1-84(b). If the contract at issue went forward as
proposed, other members of the BPA would be placed in the untenable position of
supervising and critiquing a fellow commissioner. At the same time, the Harbor Master may be
persuaded to, or unconsciously, take certain official actions in order to
ingratiate himself with other commissioners; thereby ensuring the continuation
of his outside contract. It would, therefore, be an impermissible use of the Harbor
Masters public office, however inadvertent, for him to enter into a contract
with the BPA. Additionally, it would
constitute outside employment which would impair his independence of
judgment. Consequently, the BPA should
not accept the proposal submitted by the Harbor Masters office. By order of the Commission, David T. Nassef
Chairperson