Advisory Opinion No. 2003-17
In
determining whether such outside employment is permissible under The Code Of
Ethics For Public Officials, the two principal provisions to be considered are
Conn. Gen. Stat. §§1-84(b) and (c).
Pursuant to §1-84(b), no state employee may accept outside employment
which impairs independence of judgment with regard to official duties or
requires or induces disclosure of confidential state information. Pursuant to §1-84(c), no state employee may
use his or her public position or confidential information for personal financial
gain. In applying these provisions, the
Commission is guided by its Regulations which, in pertinent part, state that
§§1-84(b) and (c) do not prevent a state employee from using his or her
expertise, including experience gained in state service, for personal gain as
long as no Code provision is violated.
The Regulation goes on to state that, in general, §§1-84(b) and (c) are
violated when a state employee accepts outside employment with an entity which
may benefit from the employees official actions (e.g., the individual
in his or her state capacity has specific regulatory, contractual or
supervisory authority which can potentially impact the private employer).
See, Regulations of Applying
these general provisions to the DMR group home privatization issue, nurses and
other direct providers of client care may utilize their expertise as outside
employees of DMRs private contractors. Such work can be performed in compliance with
the requirements of the Ethics Code provided:
patient and other confidential information is strictly protected, as
mandated by both the Code and applicable medical standards; and no clinician in
any way participates in a referral to his or her private provider/employer. With regard to this second prohibition, any
potential conflict must be resolved by having the placement decision made by a
DMR employee who is not subordinate to the conflicted individual.
See. Regulations of
Those DMR
employees with specific concerns not fully addressed by this Ruling should
contact a Commission attorney for additional guidance. By order of the Commission, Rosemary Giuliano
Employment In
Privatized State Group Homes
Chairperson