OLR Bill Analysis

HB 6296

AN ACT CONCERNING CERTAIN CONFLICT OF INTEREST PROVISIONS FOR PUBLIC OFFICIALS AND STATE EMPLOYEES.

SUMMARY:

This bill expands the matters that create a conflict of interest under the State Ethics Code by prohibiting public officials and employees subject to the code from taking certain actions that benefit their other employer. Currently, public officials and employees are generally prohibited from taking actions that benefit their spouse, dependent children, sibling, or businesses with which they are associated.

Specifically, the bill prohibits them from (1) using their office, position, or confidential information received because of it to obtain a financial benefit for their other employer or (2) taking official action that would cause their other employer to derive a direct monetary gain or loss greater than any other member of the same profession, occupation, or group. However, the bill, like current law, allows unelected officials and employees to take official action under certain conditions. Unelected officials and employees in a regulatory agency may either recues themselves or prepare a written statement under penalty of false statement for the agency journal or minutes and Office of State Ethics (OSE) that describes the matter requiring action, the potential conflict, and why they are able to vote despite it. Other unelected officials and employees must prepare a written statement under penalty of false statement that describes the matter requiring action and the potential conflict and deliver a copy to their immediate supervisor or OSE if they do not have an immediate supervisor.

The bill also prohibits anyone from offering or giving the employer of a public official, state employee, or candidate for public office anything of value on the understanding that the official's, employee's, or candidate's vote, official action, or judgment would be or had been influenced thereby.

EFFECTIVE DATE: October 1, 2009

BACKGROUND

Official Action

“Official action” is generally understood to mean voting, speaking, or otherwise commenting on a matter. Ethics regulations provide that (1) public officials and state employees can take official action on any tax issue or benefit entitlement that “may apply different tax rates or entitlement qualifications to different groups or income levels” and (2) legislators with a substantial conflict regarding a specific bonding or appropriations issue are not precluded from taking official action when the overall bonding package or budget comes before their committee or the General Assembly for consideration (State  Agency Regulations § 1-81-28 (f) and (g)).

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable