Advisory Opinion No. 1998-26

Paul R. Pescatello, an attorney from a private law practice, has been serving as a loaned executive to the Department of Economic and Community Development (DECD). The Commissioner of DECD, Mr. James F. Abromaitis, designated Attorney Pescatello to serve as his representative on the Connecticut Innovations, Inc.(CII) Board of Directors. CII is a quasi-public agency. Conn. Gen. Stat. § 1-79(l). Attorney Pescatello, has asked whether he must file a statement of financial interests as the designee to the board of directors of a quasi-public agency.

The Commission initially approved the concept of the Loaned Executive Program at the request of former Governor Lowell Weicker. Advisory Opinion No. 91-1, 52 CLJ No. 35, p. 1D ( February 26, 1991). In order to safeguard the integrity of the Program and to fully protect the public’s interest, the Commission requested, as part of this approval, that the loaned executives be treated as public officials or state employees for purposes of the Code of Ethics for Public Officials. Id. Pursuant to Conn. Gen. Stat. § 1-83(a), members, directors and any other employees of quasi-public agencies designated by the Governor, shall file a Statement of Financial Interests with the State Ethics Commission. Given that the designee obtains all the duties and/or powers of the Commissioner (with the corresponding potential for conflict of interests) while serving on the Board and is, in fact, serving as a board member on a quasi-public agency, it has been the policy of the State Ethics Commission for these designees to file the statement of financial interests. In the alternative, the Governor, in keeping with the spirit of Advisory Opinion No. 91-1, should designate loaned executives as employees required to file.

By order of the Commission,

Stanley Burdick,
Chairperson