Section 1113 of the Code prohibits a public servant from entering into a transaction that is under the supervision of the agency of the public servant.
Section 1111C(2)(d) generally prohibits a public servant from receiving any thing of economic value from a person who has a contractual relationship with the public servant's agency. However, 82-02D provides an exception to 1111C(2)(d) if four elements are satisfied.
The criteria required to meet 82-02D are: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company.
Section 1114 of the Code requires a public servant or a member of his immediate family, who derives a thing of economic value, of which, the immediate family member may be reasonably expected to know has bid on or entered into or is in anyway financially interested in any contract or any other transaction under the supervision of the public servant's agency to file a disclosure statement with the Board of Ethics stating the: 1) amount of income, 2) nature of the business, 3) name and address and relationship to the public servant, and 4) name of the legal entity to which he is employed.
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