CN 1993-225 (2) - Laserfiche WebLink

Ethics Commission Opinion No. 93 -225 Page 10 Section 1102. Definitions (15) Participate" means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. (23) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. For its part, FAS likewise has been charged with violating the Code of Governmental Ethics. Section 1113A prohibits certain legal entities from entering into transactions that are under the supervision or jurisdiction of the agency of the public servant. In the context of these proceedings, if Mr. Dyer owned a controlling interest in FAS, FAS would then be prohibited from entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of TDVFD. FAS likewise has been charged by the Commission with having . violated Section 1117 of the Code. Section 1117 of the Code prohibits the making of payments, the receipt of which are