24-18-108. Rules of conduct for public officers and state employees.

Statute text

(1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.

(2) A public officer or a state employee shall not:

(a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties;

(b) Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from his agency;

(c) Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or

(d) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent.

(3) A head of a principal department or a member of a quasi-judicial or rule-making agency may perform an official act notwithstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110.

(4) Repealed.

History

Source: L. 88: Entire article added, p. 903, 1, effective July 1. L. 91: (4) repealed, p. 837, 2, effective March 29.

Annotations

 

ANNOTATION

Annotations

The housing division of the department of local affairs may hire a qualified individual whose business has outstanding loans with the division where the individual would not have the ability to take an official act relating to the current contracts, have access to computer files or data regarding his contracts, and would not be able to inspect or manipulate agency data relating to his contracts. Independent Ethics Commission Advisory Opinion 11-11.

Subsection (2)(d) prohibits a state employee's performance of any official act that directly and substantially provides economic benefits to his software company, including the use of discretionary authority, decisions, recommendations, approvals, disapprovals, and inaction. Indep. Ethics Comm'n Advisory Opinion 21-01.