Advisory Opinion No. 1995-16
Application Of
The Code To Students Employed
By A
The work study student is paid as part of the financial aid program offered by the college. This program is funded with federal monies. The student worker is paid with state personnel funds which are allocated to the college through the state budgeting process. Although the source of the funds are different, in either case it is the college and/or a department within the college system which receives and then controls how such funds are spent.
The Code, in pertinent part, defines the term “state employee” to include any employee in the executive branch of state government, whether in the classified or unclassified service and whether full or part-time. Conn. Gen. Stat. §1-79(m). (Compare to Conn. Gen. Stat. §5-196(i) in the State Personnel Act which uses this term primarily for the purpose of determining eligibility for state benefits). The underlying principal of the Ethics Code is that public office is a public trust which should not be used for private financial gain.
Consequently, the definition of state employee in the Code is utilized to prevent any person from using a State position, or confidential information gained in and by virtue of that State position, for private financial benefit. See Sections 1-84 through 1-86, Connecticut General Statutes.
A student worker may be privy to the same information as a
nonstudent worker and may hold an equivalent position. In fact, students work with and are
supervised by other state workers. Any
employee of the college who occupies a position whose duties and
responsibilities implement state action or functions is a state employee for
purposes of the Code. CF Ethics
Commission Advisory Opinion No. 94-13, “Application of Code of Ethics for
Public Officials to Individuals Hired Through Special Payroll Account or Under
Personal Services Agreement”, 56
By order of the Commission,
David T. Nassef
Chairperson