Advisory Opinion No. 1995-7
Interpretation Of The Term “Public Office” As
Used In Conn. Gen. Stat.
§1-80(b)
Neither the Code of Ethics for Public Officials, Conn. Gen. Stat. Chapter 10, Part I, nor the underlying legislative history, provide a precise definition of the term “public office” as it is used in §1-80(b). The General Assembly’s fundamental intent in adopting the proscriptions at issue, however, was that members of the Commission “…not be associated with political office…” See, comments of Representative Hendel, Vol. 20 H.R. Proc. Part 15, p. 209 (1977 Session).
Justices of the Peace are appointed pursuant to Conn. Gen.
Stat. §§9-183a, 184, 186, 252 and 51-95 as amended by P.A. 94-230. Under this statutory scheme, a town’s
Justices are apportioned among the “major” political parties, minor parties,
and unaffiliated voters. The major party
candidates are endorsed by the party (e.g. town committee, party
caucus, etc.) and are subject to primary; but do not appear on the November
election ballot. Minor party and unaffiliated
candidates apply to their town clerk. If
there are more qualified candidates than vacancies, the clerk selects the
Justices by lottery.
Although at one time Justices of the Peace administered
Although the term “public office” is not defined in the
membership qualifications section of the Code of Ethics, the analogous term
“public official” is defined for purposes of service on the Elections Enforcement
Commission. Specifically, no person who
has served within the three previous years as a “public official”, except as a
member of the Elections Enforcement Commission, shall be appointed to that
Commission. Conn. Gen. Stat.
§9-7a(a). Justices of the Peace are,
however, expressly exempted from the definition of “public official”
At present, there is, however, no analogous statutory exception in the Ethics Code. Absent such an exception, it is beyond the Commission’s authority to exempt a Justice of the Peace from the term “public official.” Consequently, unless and until the General Assembly so amends the Ethics Statute, §1-80(b) must be construed to prohibit a Justice of the Peace from serving as an State Ethics Commissioner.
By order of the Commission,
Rev. William Sangiovanni
Chairperson