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CN 1993-225 (2)
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CN 1993-225 (2)
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Last modified
9/30/2011 2:00:34 PM
Creation date
7/27/2010 2:04:12 PM
Metadata
CN 1993-225 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
CN 1993-225
Parties Involved
George Dyer
Agency at Issue
Fire Apparatus Specialties, Inc.
Decision Date
7/27/1995
Law
1111C(2)(d)
1112
1117
Caption
Assistant Fire Chief of a fire district violated the code by selling fire equipment to the fire district.
Ethics Subject Matters
Prohibited Sources
Outside Employment
Participation
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Ethics Commission <br /> Opinion No. 93 -225 <br /> Page 16 <br /> the Code, the ownership interest of Mr. and Mrs. Dyer in FAS <br /> disqualified FAS from entering into contractual and other business <br /> and financial relationships that were under the supervision and <br /> jurisdiction of the TDVFD. By reason of its numerous sales of <br /> goods and services to the TDVFD, FAS violated Section 1113A of the <br /> Code. <br /> FAS also made payments of salary and other compensation to <br /> Mr. Dyer and to his spouse that Mr. Dyer was prohibited by virtue <br /> of Section 1111C(2)(d) from receiving. Accordingly, it is the <br /> opinion and the conclusion of the Commission that FAS violated <br /> Section 1117 of the Code by having made prohibited salary and <br /> related payments to Mr. Dyer. <br /> Prior to and during the course of these proceedings counsel <br /> for Mr. Dyer and FAS made numerous written and verbal motions. <br /> For the reasons given during the course of these proceedings, <br /> those motions are denied. <br /> During the course of the proceedings and in closing <br /> arguments counsel for Mr. Dyer and FAS advanced as a defense the <br /> application of an exception contained at Section 1123(1) of the <br /> Code which provides as follows: <br /> Section 1123. Exceptions <br /> This Part shall not preclude: <br /> (1) Participation in the affairs of charitable, <br /> religious, nonprofit educational, public service, <br /> or civic organizations, bona fide organized <br /> public volunteer fire departments when no <br /> compensation is received, or the activities of <br /> • political parties not proscribed by law. <br />
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