CN 1983-72 - Laserfiche WebLink

-2- Food and drink for such functions are typically provided by voluntary contributions of either the food and drink directly, or by modest contributions to a fund for this purpose. To the extent that such functions are organized in a cooperative manner and on a voluntary basis among co- employees, and to the extent that the duration or frequency of such events is not such as to interfere in an office's functioning, or with employees' performance of their official duties, the Commission is of the opinion that such functions do not result in any violations of the Code of Governmental Ethics. However, when employee participation in such events is not on a purely voluntary basis, a violation of Section 1116 will arise. Section 1116, which is titled "Abuse of office," provides as follows: "1116. Abuse of office No public servant shall use the authority • of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, any other public servant, or other person with any thing of economic value. This Section shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying • out official duties . " When a function is organized by a department's supervisory personnel on a department -wide basis, and where the purpose of the function is primarily to serve significant numbers of persons who are not agency personnel, a violation of Section 1116 of the Code may be virtually impossible to avoid. Supervisors should be sensitive to the fact that, because of the relationship they normally have with any employee under their supervision, that requests by them of their employees inherently involve elements of compulsion, although the degree to which compulsion is present probably would vary depending rr vi