CN 1980-065 - Laserfiche WebLink

- 2 - other blic to pu employees subject to their general supervision or control personal services and personal favors irregardless of whether or not these personal services and favors are performed during the public servant's regular tour of duty or during non- working hours. In those circumstances where a legitimate personal relationship exists between an employee and his supervisor, there is nothing in the Code that would prevent the employee from performing on a strictly voluntary basis some personal favor or service for his supervisor; however, the Code strictly prevents the supervisor from using his position of authority in any manner whatsoever intended to induce, coerce, compel or mandate the employee into performing any services for him regardless of whether or not such services are performed during or after regular working hours. Moreover, it is the opinion of the Commission that the employer- employee relationship by itself may constitute a sufficient element of "coercion" and "compulsion" to create a presumption that such services by the employee are rendered to the employer in violation of Section 1116, as quoted above. In order to avoid Section 1116 violations, it is essential that (a) the services be completely voluntary and (b) that there be no element of coercion, compulsion or solicitation by the supervisor. Moreover, we are of the opinion that any effort by a supervisor to allow an employee under his supervision to perform activities on the job under circumstances not permitted of other employees clearly would be an action proscribed by pertinent portions of the Code of Ethics if the actions tend to obligate the employee to the supervisor. Agency heads should caution supervisory employees to refrain from extracting • 92