Advisory Opinion No. 1994-5
Spouses Serving In Same
University Department
By agreement with the college, the supervision of the petitioner’s husband, including evaluations and recommendations, will be the responsibility of the chairperson of the business department for as long as the petitioner holds the position of program coordinator. The petitioner, in her new position, also will refrain from recommending, assigning or evaluating other part-time Office Administration faculty members. The petitioner has asked the State Ethics Commission whether the Code of Ethics for Public Officials imposes any other limitations on her activities.
Under the Code of Ethics for Public Officials, Conn. Gen.
Stat. §1-84(c), a state employee may not use his or her office to obtain
financial gain for himself or herself, his or her spouse, child, child’s
spouse, parent, brother or sister or a “business with which . . . associated.” (See Conn. Gen. Stat. §1-79(b)). The Code of Ethics does not bar spouses from
working in the same department. See
State Ethics Commission Advisory Opinion No. 88-8, 49
Even if a particular situation does not pose a substantial conflict of interest, as above, it may still pose a potential conflict of interest, within the meaning of Conn. Gen. Stat. §1-86. Under §1-86 the petitioner faces a potential conflict if she is required to take an official action which would affect a financial interest of herself, her spouse, parent, sibling, child, child’s spouse or business with which she is associated, other than an interest of a de minimis nature or an interest which is not distinct from that of a substantial segment of the general public. Where such a conflict arises, a statement describing the conflict must be prepared and the matter referred to the petitioner’s superior for assignment to another employee or official.
By order of the Commission,
Christopher T. Donohue
Chairperson