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CN 1980-065
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Last modified
10/10/2011 4:01:07 PM
Creation date
4/25/2010 3:43:23 PM
Metadata
CN 1980-065
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
CN 1980-065
Parties Involved
State Government
Decision Date
9/15/1980
Law
42:1116A
Caption
An advisory opinion as to the propriety of state employees soliciting personal services and favors from employees under their supervision
Ethics Subject Matters
Abuse of Office
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COMUIISSION ON ETHICS FOR PUBLIC EMPLOYEES <br /> DATED: September 15, 1980 <br /> FILED: September 15, 1980 GENERAL OPINION NO. 80 -40 <br /> RE: Opinion regarding the propriety of state employees soliciting <br /> personal services and favors from supervised employees <br /> The Commission has received reports that supervisory public employees <br /> do from time to time solicit or extract personal services and personal favors <br /> both during regular working hours and after working hours from public employees <br /> subject to their general supervision and control. <br /> Section 1101 of the Code declares the public policy of the state to <br /> be that " public office and employment not be used for private gain . . . <br /> [and that] there be public confidence in the integrity of government." More <br /> specifically, Section 1116 of the Code contains a specific prohibition against <br /> public servants using the authority of their office or position" . . . in a <br /> manner intended to compel or coerce any person or other public servant to <br /> provide himself . . . with any thing of economic value." <br /> "Thing of economic value" as used in the preceding paragraph is defined <br /> in Section 1102(22) of the Code as including, in part, " . . . any . . . thing <br /> having economic value . . . " as well as " . . . any promise or undertaking.. . .". <br /> It is the opinion of this Commission that "thing of economic value" in- <br /> cludes the rendering of personal services and personal favors; in view of the <br /> prohibition against a public servant using his office or position in order to <br /> extract " . any thing of economic value . . ." from any other public servant <br /> or person, set forth in Section 1116 as quoted above., it is the opinion of this <br /> • Commission that the Code of Ethics in general in Section 1101 and 1116 in parti- <br /> cular prevent and restrict public employees from soliciting or extracting from <br /> 91 <br />
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