Harlequin comics 2016

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Connediendantocdep.neticut State Office of State Ethics


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Current: AO 2016-1
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Advisory Opinion No. 2016-1

February18, 2016

Question Presented:

Whether a retired state trooper maywork as a police officer or constable for a municipality that is providedpolice services & supervision by the Department of Emergency Services và PublicProtediendantocdep.netion either by statute or an enhanced contradiendantocdep.net for services, withoutviolating the post-state employment provisions of the Code of Ethics for PublicOfficials.

Brief Answer:

We conclude that a retired statetrooper may engage in the subjediendantocdep.net post-state employment.

Atits January năm nhâm thìn regular meeting, the Citizen’s Ethics Advisory Board (“Board”)granted the petition for an advisory opinion submitted by Janet K. Ainsworth,Staff Attorney with the Department of Emergency Services & Public Protediendantocdep.netion(“DESPP”). The Board now issues this advisory opinion, which interprets theCode of Ethics for Public Officials<1>(“Ethics Code”), is binding on the Board concerning the person who requested itvà who adiendantocdep.neted in good-faith reliance thereon, and is based on the fadiendantocdep.netsprovided by the petitioner.

Fadiendantocdep.nets

Thepetitioner seeks an opinion regarding General Statutes § 1-84b (b), a“revolving door” provision of the Ethics Code, and its effediendantocdep.net on DESPPhường statetroopers who have left state service. Thepertinent fadiendantocdep.nets provided by the petitioner are phối forth below & areconsidered part of this opinion:

Somestate troopers … upon retirement seek employment with other policeagencies. As part of its statutoryresponsibilities, DESPP.. provides police services to lớn municipalities withoutorganized police departments. Many suchmunicipalities enter into contradiendantocdep.nets dirediendantocdep.netly with DESPP.. for the more enhancedpolice services provided by the resident trooper program. In such municipalities, a state policesergeant will supervise local constables or police officers that are employeesof the municipality. Some retiredtroopers seek these constable or local police officer positions followingretirement from DESPP..

Inreviewing CGS § 1-84b, it does not appear that a trooper working as a policeofficer in a town that has entered into lớn a contradiendantocdep.netual relationship with DESPPis “representing” anyone for compensation before DESPP.. Rather, he or she has sought và successfullyobtained employment with a municipality because the retiree has law enforcementknowledge & experience that is valued by the municipal employer ….

hereis no obvious benefit that a constable or police officer who once was a trooperobtains because of that status. Theretiree is hired by the municipality.The retiree would be treated the same as any other municipal employeeworking as a peace officer as his or her terms và conditions of employmentwould be regulated by employer policy and the applicable collediendantocdep.netive sầu bargainingagreement. The retiree also would not beinvolved in negotiating the contradiendantocdep.net between DESPPhường và the municipalemployer. The resident troopercontradiendantocdep.nets, which are drafted & executed under the supervision of the DESPPcommissioner’s legal staff, employ standard language & only vary as khổng lồ thenumber of DESPPhường employees that will be assigned lớn that municipality’s ResidentTrooper Office. The payment rate is setby statutes. See CGS § 29-5.

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Analysis

Asnoted by the petitioner, the provision primarily relevant to lớn this matter is GeneralStatutes § 1-84b (b), under which for oneyear after leaving state service a retired state trooper may not “representanyone, other than the state, for compensation before concerning anymatter in which the state has a substantial interest.” The term “represent” has been defined broadlyto lớn include such things as making phone calls, attending meetings at whichrepresentatives of the former agency are present, submitting documents with theformer employee’s name on them, or engaging in any other adiendantocdep.netion that places theformer employee in liên hệ with his former agency as the representative of hisnew employer.<2> The purpose of § 1-84b (b) is lớn establish “a‘cooling-off’ period khổng lồ inhibit use of influence và contadiendantocdep.nets with one’s formeragency colleagues for improper financial gain.”<3>

Theformer State Ethics Commission (“Commission”), in Advisory Opinion No. 88-15,“reasoned that the principal legislative sầu purpose behind § 1-84b (b) –prevention of use of contadiendantocdep.nets, influence or other insider’s advantage gainedduring state service lớn obtain improper benefit in subsequent compensateddealings with one’s former agency – could be fulfilled by applying thesubsediendantocdep.netion only when the ‘representation’involved a matter in which the State exercised discretionary authority(e.g., contradiendantocdep.net or grant award, contested cases, or permit application).”<4>

Pursuantto General Statutes § 29-7,<5>DESPPhường is required to lớn provide police services throughout the state. Under General Statutes § 29-5,<6>a municipality lacking an organized police force may contradiendantocdep.net with DESPP. to lớn be providedmore enhanced police services under the Resident Trooper Program. Pursuant to § 29-5, DESPP may provide statepolice services và appoint resident state policemen khổng lồ any such municipalityand the associated costs lớn the municipality for the program are mix by thestatute. By entering inlớn this contradiendantocdep.netwith DESPP.., the municipality delegates to lớn the State Police the authority tosupervise và dirediendantocdep.net the law enforcement operation of appointed constables andpolice officers in the town. Based oninformation provided by the petitioner, in pradiendantocdep.netice, if a municipality makes arequest for the Resident Trooper Program, the request will be granted.

Because,as stated in Advisory Opinion No. 88-15, “the principal legislative sầu purpose behind§ 1-84b (b) prevention of use of contadiendantocdep.nets, influence or other insider’sadvantage gained during state service khổng lồ obtain improper benefit in subsequentcompensated dealings with one’s former agency,” the provision would not applylớn this matter where the program is always provided by DESPP. when requested bya municipality và the services và funding are governed by statute. In this situation, there is no means by whichthe retired state troopers can obtain unfair advantage for either their new employer(the municipality) or themselves. As anemployee of the municipality, although the retired state trooper would besupervised by a resident trooper, any và all final discretionary authorityconcerning his or her work (i.e., hiring, overtime assignment, discipline, evaluations,etc.) lies with the town & not DESPP.<7> As stated by the petitioner, the town policeofficers and constables are municipal employees & their terms và conditionsof employment are regulated by town policy and the applicable collediendantocdep.netivebargaining agreement.

Inaddition to the post-state employment restridiendantocdep.netion under § 1-84b (b), discussedabove sầu, for one year after leaving state service, a former state employee maynot accept employment with a buổi tiệc ngọt lớn a state contradiendantocdep.net (or grant) valued at$50,000 or more, if two things are true: (1) he participated substantially in,or supervised, the negotiation or award of that contradiendantocdep.net, & (2) it was signedwithin his last year of state service.

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<8> Based on the fadiendantocdep.nets presented by thepetitioner, the retired state troopers vị not participate in negotiating the ResidentTrooper Program contradiendantocdep.nets between DESPP và the municipalities. These contradiendantocdep.nets which, per the petitioner,are mainly boiler plate, are drafted and executed under the supervision of the DESPPcommissioner’s legal staff. Thus, theretired state troopers would not be in violation of § 1-84b (f).

Lastly,the information provided by the petitioner notes that in order to lớn be eligiblefor these municipal positions, the retirees must obtain certification fromDESPP’s Police Officer Standards & Training Council Division (“POSTC”). In Advisory Opinion No. 2002-18, theCommission was asked how § 1-84b (b) “applies to lớn situations where the formeremployee must seek a license or other regulatory authority after leaving state service in order khổng lồ pursue anoccupation, profession or other employment.”In response, the Commission concluded: “To the extent that one must appearbefore his former agency khổng lồ apply for a permit or license for himself that isnecessary for him to pursue future employment, it is not representation forcompensation before one’s former agency.Nevertheless … it would violate § 1-84b (b) if the former employee wentoutside the usual licensing or permitting process khổng lồ contadiendantocdep.net former agencycolleagues khổng lồ ensure that he or she received the requested license or permit.”

Asapplied here, lớn the extent that it is necessary for the retired state trooperskhổng lồ appear before POSTC in order to lớn register or obtain certification, it wouldnot constitute prohibited representation under § 1-84b (b). However, their liên hệ with POSTC must notstray from the normal agency certification process.

Conclusion

Weconclude, based on the fadiendantocdep.nets presented, that a retired state trooper may engagein post-state employment as a police officer or constable with a municipalitythat is provided police services & supervision by DESPPhường.


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