Advisory Opinion No. 2003-14
Awards
Program
George
M. Wentworth, Director of Program Policy in the Department of Labor, has asked
the State Ethics Commission for an advisory opinion regarding the Veterans
Performance Incentive Awards Program (the Awards Program). The Awards Program was established by federal
law. See, Title 38, USCJ 4112, as
amended by P.L. 107-288. The federal
enactment establishes a requirement for performance incentive awards for
quality employment training and placement services to be administered by the
states.
Given
the above described federal statute, Mr. Wentworth wishes to know whether, and
if so under what circumstances, his Agency may participate in the Awards
Program.
In
general, it is an impermissible use of office in violation of §1-84(c) of the
Code for a state employee to receive remuneration in addition to his or her
state salary for performance of official duties.
See, e.g., State Ethics Commission
Advisory Opinion No. 89-20, 51 CLJ 7, p. 3C (
The
question now before the Commission is, however, distinguishable. In this instance, the additional compensation
is not being provided by a private source.
Rather, it is to be provided by the State in furtherance of a federal
mandate. As such, it is essentially
analogous to the state employee program established by the Office of Policy
& Management to reward state servants who submit ideas for improving
services or reducing costs. See
Conn. Gen. Stat. §4-67f.
As a
consequence, no provision of the Ethics Code will prohibit the Department of
Labor from distributing cash awards to its employees pursuant to the federal
Awards Program. Of course, to avoid
conflicts of interest, no department official involved in administering the
Program or determining the recipients may be eligible for an award. Finally, the Commission wishes to note that
this Opinion addresses only the application of the Ethics Code, and should not
be construed as interpreting any relevant collective bargaining obligations.
By order of the Commission,
Rosemary Giuliano
Chairperson