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Ethics Board Docket No. 2022-062 <br />Page 6 of 12 <br />(1) Conducts operations or activities which are regulated by the public employee's agency. <br />2. <br />Section 1113B of the Ethics Code prohibits an appointed member of any board or <br />commission, member of his immediate family, or a legal entity in which he has a substantial <br />economic interest, from bidding on or entering into or being in any way interested in any contract, <br />subcontract, or other transaction which is under the supervision or jurisdiction of the agency of <br />such appointed member. Section 1113B of the Ethics Code provide in pertinent part: <br />§1113. Prohibited contractual arrangements; exceptions; reports <br />B. Other than a legislator, no appointed member of any board or commission, member of <br />his immediate family, or legal entity in which he has a substantial economic interest shall <br />bid on or enter into or be in any way interested in any contract, subcontract, or other <br />transaction which is under the supervision or jurisdiction of the agency of such appointed <br />member. <br />3. <br />The following terms are defined in Section 1102 of the Code and are relevant when <br />analyzing the above Sections: <br />(2)(a)(i) defines "agency," with respect to for public servants who are members or <br />employees of a board or commission or who provide staff assistance to a board or <br />commission, it shall mean the board or commission. <br />(11) defines "governing authority" to mean the body which exercises the legislative <br />functions of a political subdivision. <br />(18)(a) defines "public employee" to mean anyone, whether compensated or not, <br />who is (i) an administrative officer or official of a governmental entity who is not <br />filling an elective office (ii) appointed by any elected official when acting in an <br />official capacity, and the appointment is to a post or position wherein the appointee <br />is to serve the governmental entity or an agency thereof, either as a member of an <br />agency, or as an employee thereof (iii) engaged in the performance of a <br />governmental function (iv) under the supervision or authority of an elected official <br />or another employee of the governmental entity. <br />