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CN 1980-065
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
DATED: September 15, 1980
FILED: September 15, 1980 GENERAL OPINION NO. 80 -40
RE: Opinion regarding the propriety of state employees soliciting
personal services and favors from supervised employees
The Commission has received reports that supervisory public employees
do from time to time solicit or extract personal services and personal favors
both during regular working hours and after working hours from public employees
subject to their general supervision and control.
Section 1101 of the Code declares the public policy of the state to
be that " public office and employment not be used for private gain . . .
[and that] there be public confidence in the integrity of government." More
specifically, Section 1116 of the Code contains a specific prohibition against
public servants using the authority of their office or position" . . . in a
manner intended to compel or coerce any person or other public servant to
provide himself . . . with any thing of economic value."
"Thing of economic value" as used in the preceding paragraph is defined
in Section 1102(22) of the Code as including, in part, " . . . any . . . thing
having economic value . . . " as well as " . . . any promise or undertaking.. . .".
It is the opinion of this Commission that "thing of economic value" in-
cludes the rendering of personal services and personal favors; in view of the
prohibition against a public servant using his office or position in order to
extract " . any thing of economic value . . ." from any other public servant
or person, set forth in Section 1116 as quoted above., it is the opinion of this
• Commission that the Code of Ethics in general in Section 1101 and 1116 in parti-
cular prevent and restrict public employees from soliciting or extracting from
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