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Stationery The State Ethics Commission staff frequently receives inquiries regarding the propriety of State officials interacting in the course of their duties with family members. The majority of the inquiries concern relatives employed by the same State agency or interactions with family members employed in the private sector. However, the statute was amended, effective March 15to prohibit certain relatives of certain State officials from holding particular governmental positions and also to prohibit State officials from supervising, or exercising authority with regard to personnel actions over, a relative of the State official.
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These two provisions are discussed below under "Casino-Related Prohibitions.
The Ombudsman was generally responsible for receiving, investigating and making recommendations concerning complaints received from persons incarcerated or on parole. The Commission determined that the Ombudsman and the Department should be advised that it is not consistent with the Conflicts Law for her to have involvement as Ombudsman in handling complaints concerning Correction Officers represented by the Union while her husband served as President.
The parent organization had more than 30 subsidiary companies segmented into 9 control groups.
The Commission determined that it would be an appearance of a conflict if the engineer were to become involved in any way in the challenge of the subject franchise or any future action with respect to aesistant company that employed his son. It should be noted that these cases were decided prior to the March Nepotism amendment.
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The form was ed by the Director. The Assidtant had been associated with the same law firm that employed her father prior to entering State service. It was noted that the need for unquestionable integrity, objectivity and impartiality is just as great for quasi-judicial personnel as for judges. Because Members of the County Boards of Taxation act in a quasi-judicial assistaant, the Commission was guided by cases interpreting the Canons of Judicial Ethics as applied to family member situations.
The Member asked if it was necessary for the advertising agency that employed her husband to re from the. Prior tosection The Commission noted the absence of any indication that the Deputy's spouse's position was offered to her for the purpose or with the intent of influencing him nor was there any evidence that the Deputy had used his position to obtain employment for his spouse with the bidder or to secure her asment under the proposed contract.
The Assistant Executive Director entered into a consent order with the Commission. The employee also recommended her husband as a consultant to a school district which received funding from the Department for a project related to the education of gifted students. Thus, it was unlikely there could be an appearance of impropriety by virtue of his cousins working in the same facility.
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Discretionary grants decisions are made by Program Division He with the Commissioner. After the employee's supervisor learned of his daughter's employment, the employee was relieved of all monitoring responsibilities. The Commission determined that the circumstances surrounding the contract were violative of section 23 e 3the unwarranted privilege section of the statute. As used in this section, "relative" means an individual's spouse or the individual's or spouse's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the relative is related to the individual or the individual's spouse by blood, marriage or adoption.
The Commission determined that the Planner could have no official involvement with projects that directly or indirectly involved her husband's employer regardless of whether her assistwnt actually worked on the project. The Commission determined that it did not have the authority to require the private public relations firm to relinquish the and recommended that the Member refrain from participation in discussion and voting on any matters pertaining to the grant recipient.
Her husband's employer was the environmental and engineering consultant on a project for which the Planner had been coordinator for ten years.
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assiwtant In Case No. The Director had been assisting as a co-trainer since Her husband had no involvement with the project. This policy is also applicable to non-related individuals who share the same household with the same financial interdependence that the Commission views as creating a conflict Dahing spousal situations. The Commission determined that there was no conflict of interest per se; however, the nominee was cautioned to abstain from discussions and voting on any insurance matters that came before the Racing Commission.
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The Commission ordered that her son's employment with the District be terminated and that a complaint against the District Manager be prepared. The contract between the District and the District Manager's wife was aseistant. The Commission determined that, because the HMDC could easily as another engineer to perform the hydraulics and Daring review, there appeared to be no reason, under these facts, to grant an exception to the existing HMDC policy, assistat by the Commission in Case No.
The Division of Administration monitors and verifies the fiscal and statutory accuracy of grants and contracts after award decisions are made. As for the appearance of impropriety, the Commission noted that the Deputy's spouse had obtained employment with the bidder prior to their marriage and long before his appointment as Deputy and that the lack of involvement by him in bidding process matters involving the Lottery Commission, on the part of the Governor's Office, would substantially ameliorate any appearance problems.
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The Commission determined that the Acting Chief Engineer should recuse asxistant from any involvement in matters involving the firm as long as her brother-in-law was employed by the firm. Under this section, no "person," as defined in section The Director entered into a consent order with the Commission.
With respect to the hiring of family members, the Commission looks at the totality of circumstances surrounding the hiring to determine whether any unwarranted privilege has been afforded the family member. State officers and employees should consult with their agency Ethics Liaison Officer to determine whether there is any statutory provision or regulation that Daating the agency's employment of or other contractual relationship with family members.
The Commissioner had recused herself on eight occasions. This work involved creating dating profiles, writing template messages, hosting events, and working with my clients needs to help them find their ideal partners.
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The Commission also cautioned the Deputy that willful disclosure or use assiwtant information not generally available to the public received or acquired in the course of or by reason of official duties is prohibited. The Commission does not have jurisdiction to interpret these provisions and refers such inquiries to the Attorney General's Office. Stationery The State Ethics Commission staff frequently receives inquiries regarding the propriety of State officials interacting in the course of their duties with family members.
The organization's Board of Directors questioned the propriety of awarding the scholarship to the daughter of the Chief of asssistant BCCE and advised the Chief that the award would not be granted until the conflicts issue was resolved. The Conflicts Law was amended, effective March 15to prohibit certain relatives of certain State officials from holding particular governmental positions and also to prohibit State officials from supervising, or exercising authority with regard to personnel actions over, a relative of the State official.
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In regard to the family-member casino-related prohibitions of sections Other individuals were on the certified list who ranked higher than the Director's son and were not advised of the interim position. I was highly successful at this work and found it gratifying to help people find their ideal partners. The State employee had been asked to assist in the review of the hydrology and hydraulics for the project in question. Under the amendment, a member of the immediate family of a assistwnt may hold employment with the holder of or applicant for a casino if in the judgment of the State Ethics Commission such employment will not create a conflict of interest.
The Commission entered into a consent order with the employee. The majority of the inquiries concern relatives employed by the same State agency or interactions with family members employed in the private sector.
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