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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 9 <br /> B. No public employee shall solicit or accept, <br /> directly or indirectly, anything of economic <br /> value as a gift or gratuity from any person or <br /> from any officer, director, agent, or employee of _ <br /> such person, if such public employee knows or <br /> reasonably should know that such person: <br /> (1) Conducts operations or activities which are <br /> regulated by the public employee's agency. <br /> (2) Has substantial economic interests which may <br /> be substantially affected by the performance or <br /> nonperformance of the public employee's official <br /> duty. <br /> Section 1111C(2)(d) prohibits public servants from <br /> receiving anything of economic value for services rendered to any <br /> person from whom the public servant would otherwise be proscribed <br /> from receiving a gift by virtue of Section 1115A(1) or B. <br /> If FAS has contractual or other business or financial <br /> relationships with TDVFD then, under those circumstances, and as <br /> Mr. Dyer would be proscribed from receiving a gift from FAS, he <br /> would likewise be prohibited by virtue of the application of <br /> 1111C(2)(d) from rendering services for compensation to FAS. <br /> Sections 1112B(2) and (3) of the Code prohibit public <br /> servants from participating in transactions in which certain <br /> categories of persons would otherwise have a substantial economic <br /> interest. By way of illustration, if Mr. Dyer owned a substantial <br /> economic interest in FAS, was an officer or director of FAS or an <br /> employee of FAS, then under those circumstances Sections 1112B(2) <br /> and (3) would prohibit Mr. Dyer from participating in any <br /> transaction in which FAS would have a substantial economic <br /> interest. <br /> "Participate" and "transaction involving the governmental <br /> entity" have been defined respectfully as follows: <br />
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