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24-18-105. Ethical principles for public officers, local government officials, and employees

Text

(1) The principles in this section are intended as guides to conduct and do not constitute violations as such of the public trust of office or employment in state or local government.

(2) A public officer, a local government official, or an employee should not acquire or hold an interest in any business or undertaking which he has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he has substantive authority.

(3) A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant.

(4) A public officer, a local government official, or an employee should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he has a substantial financial interest in a competing firm or undertaking.

(5) Public officers, local government officials, and employees are discouraged from assisting or enabling members of their immediate family in obtaining employment, a gift of substantial value, or an economic benefit tantamount to a gift of substantial value from a person whom the officer, official, or employee is in a position to reward with official action or has rewarded with official action in the past.

History

History.
Source: L. 88: Entire article added, p. 902, 1, effective July 1. L. 2012: (5) added, (SB 12-146), ch. 93, p. 307, 2, effective April 12.

Annotations

ANNOTATION

It would not violate this section for a former employee of the department of health care policy and financing to enter into a contract with a consulting company to work on project management issues relating to a major health care provider where the state agency indicated there is no conflict. Indep. Ethics Commn Letter Ruling 10-02.

It would violate this section for a former employee of the department of human services to enter into a contract or seek employment before the passage of six months with one of the direct service organizations that continues to contract with the department since the former employee has information not readily available to others as a result of the former state employment. Indep. Ethics Commn Letter Ruling 14-02.

This section specifically prevents a state employee from revealing information unavailable to others that the employee has acquired through his or her employment with the state when the employee is in the process of seeking employment outside of state government. Indep. Ethics Commn Advisory Opinion 13-13.

There was no violation of this section where city council member voted on a matter in which she had neither a personal or private interest nor a financial interest. Arnett v. Brandau, Indep. Ethics Commn 12-06.