CN 1993-225 (2) - Laserfiche WebLink

Ethics Commission Opinion No. 93 -225 Page 15 employee ", it is necessary to examine his conduct within the framework of the prohibitions contained in the Code. It is the Commission's opinion and conclusion that Mr. Dyer violated Section 1111C(2)(d) of the Code. Both Mr. Dyer and his spouse are employees of FAS and have received compensation for services rendered to FAS. At the time that compensation was being received by both Mr. Dyer and by his spouse, FAS both had and was seeking to obtain contractual, business and financial relationships with TDVFD in the form of the repeated and consistent pattern of sales of goods and services. It is also the opinion of the Commission that Mr. Dyer violated Sections 1112B(2) and (3) of the Code. Mr. Dyer was the Assistant Fire Chief. In the absence of the Fire Chief he was the chief operating official. He, either directly or indirectly, supervised staff employees who were responsible for making decisions and implementing those decisions with respect to the purchase of goods and services from vendors such as FAS. Mr. Dyer routinely counseled with the chief engineer concerning the purchase of fire prevention and protection goods and services from FAS. Indeed, and with respect to the sale of goods and services by FAS to TDVFD, it is impossible to distinguish the actions of Mr. Dyer in his capacity as the assistant fire chief and in his corresponding capacity as the only sales representative for FAS. It is furthermore the opinion of the Commission that FAS violated both Section 1113A of the Code and Section 1117 of the i Code. Mr. Dyer and his spouse owned a controlling interest in FAS. By virtue of the prohibition contained at Section 1113A of