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-7- <br /> • substantially unaffected by the contractual or other <br /> business or financial relationships existing between <br /> the nongovernmental employer of the public servant, <br /> on the one hand, and the public servant's "agency" <br /> on the other hand; <br /> 3. The public servant must own less than a <br /> "controlling interest" in his nongovernmental <br /> employer; and <br /> 4. The public servant must be neither an officer, <br /> director, - trustee nor partner in this <br /> nongovernmental employer. <br /> In the absence of all of these criteria, a public servant <br /> receiving compensation for services rendered to a nongovernmental <br /> employer will be subject to the prohibition contained in Section <br /> 1111 C(2) (d) of the Code. <br /> s/ Joe W. Sanders <br /> Joe W. Sanders, Chairman <br /> s/ Claude B. Duval <br /> Claude B. Duval, Member <br /> s/ Robert L. Roland <br /> Robert L. Roland, Member <br /> Board Members Brown and Fruge absent and do not participate. <br /> 4 Section 1102 (8) of the Code defines "controlling interest as <br /> follows: <br /> "1102. Definitions <br /> * * * * * <br /> (8) 'Controlling interest' means ownership by <br /> an individual or his spouse, either individually or <br /> collectively, of an interest which exceeds twenty- <br /> five percent of any legal entity. <br /> 411 <br /> ti� <br />