Advisory Opinion No. 2003-20
Advisory Opinion No. 2003-20
Application Of The Codes Outside Employment
Provisions To A
Legislators Consulting Work
Mary Anne ONeill,
Chief Counsel for the House Republicans, acting on behalf of Representative
Toni Boucher has asked the State Ethics Commission for an advisory opinion regarding
a private consulting position that the Representative has been offered.
Specifically,
Representative Boucher has been asked to become a member of the Council of Advisors
of the Gerson Lehrman Group
(the Group). Council members consult
with clients, i.e., investment managers and firms that subscribe to the Groups
service. In this case, Representative
Boucher, who is licensed to buy and sell securities on the stock exchange,
would utilize her expertise to consult in the following areas: retail, hospitality, food and beverage,
leisure, and industrials. Advisors are
paid a consulting fee based on work performed; and are required to adhere to
various policies established by the Group including confidentiality and conflict
of interest provisions.
Pursuant to
§§1-84(b) and (c) of the Ethics Code, no public official, including a
legislator, may accept outside employment which will impair independence of
judgment as to official duties or require or induce disclosure of confidential
state information, nor may the official use her state position or confidential
information acquired through state service to obtain financial gain. These provisions do not, however, prevent a
public official from utilizing her experience or expertise for personal gain,
provided no provision of the Code is violated.
See, Regulations of Conn. State Agencies §1-81-17.
In this
instance, Representative Boucher is clearly utilizing her expertise in
securities, as well as her specific experience in hotel and industrial
management, in performance of her consulting work. Given these factors, and given the fact that
no area of proposed consulting would conflict with or trade on her official
position as a Connecticut
legislator, the contemplated work is permissible under the requirements of The
Code Of Ethics For Public Officials. Representative
Boucher is reminded, however, that her consulting may not involve compensated
representation before the state agencies listed in §1-84(d) of the Code, nor may
she perform any work which would require her to register with the Commission as
an administrative or legislative lobbyist. See, Conn. Gen. Stat. §1-86(c).
By order of the Commission,
Rosemary Giulano
Chairperson