Advisory Opinion No. 2004-8
Application Of The Statement
Of Financial Interests Filing Requirement
To Individuals Who Temporarily
Occupy A Designated Position
The Commission has been asked whether individuals who temporarily occupy positions which have been designated to file Annual Statements of Financial Interests (SFIs) with the Ethics Commission must comply with this filing requirement. The answer is yes.
In addition to positions enumerated
by statute (e.g., Commissioners and deputy commissioners,
legislators, etc.), the Governor has statutory authority to designate positions
in the Executive Branch and the Quasi-Public Agencies to file annual SFIs. Conn. Gen. Stat. §1-83(a). Former Governor Rowland had delegated this
authority to his agency heads under a standard requiring filings from those
state servants
who exercise significant policy-making, regulatory or
contractual authority. See
letter from Governor John G. Rowland to Alan S. Plofsky, dated February 6,
1995. The individuals in question are
those who occupy a designated position on a temporary, acting or durational
basis.
Simply stated, these individuals
occupy positions whose incumbents, without limitation, have been designated to
file SFIs pursuant to statute.
Furthermore, during their tenure they have the general capacity to
exercise essentially all the authority of a permanent incumbent. As a consequence, these individuals are
required to file SFIs. By
order of the Commission, Rosemary
Giuliano
Chairperson