Advisory Opinion No. 2001-23

Application Of The Code’s Post-State Employment Provisions To The Former
Director Of Contracts And Purchasing For DOIT-II

In State Ethics Commission Advisory Opinion 01-21; __ Conn. L.J. No. __, p. ___ (____) the Commission addressed the application of the Code’s post-state employment provisions to Mr. Donald J. Maloney, former Director of Contracts and Purchasing for the Department of Information Technology (DOIT).

In that Ruling, the Commission held that, pursuant to Conn. Gen. Stat. §1-84b(f), Mr. Maloney would be prohibited for one year from working, as either an employee or independent contractor, for any entity which, during his last year of state service, received a DOIT contract for computer equipment or services valued at $50,000 or more.

Additionally, pursuant to Conn. Gen. Stat. §1-84b(b), Mr. Maloney would also be prohibited from representing any client for compensation before DOIT for one year subsequent to his retirement (June 1, 2001).

Mr. Maloney has now asked how these provisions would apply to his responding to DOIT invitations to bid and requests for proposals, not as a representative of another entity, but as a principal supplier of equipment or services. Additionally, he wishes to know whether he may utilize companies, with which he dealt while in State service, as subcontractors or suppliers in these efforts.

Again, pursuant to §1-84b(b), for one year from his retirement Mr. Maloney may not contact DOIT as a principal to apply for agency contracts. Once this one year period has elapsed, he will be free to seek DOIT business and to use subcontractors and suppliers of his choice, without risk of violating §§1-84b(b) and (f).

By order of the Commission,

Rosemary Giuliano
Chairperson