Sec. 1-86. Procedure when discharge of duty affects official's or state employee's financial interests. Lobbyists prohibited from accepting employment with General Assembly and General Assembl
Sec. 1-86. Procedure when discharge of duty affects official's or state employee's financial interests. Lobbyists prohibited from accepting employment with
General Assembly and General Assembly members forbidden to be lobbyists. (a)
Any public official or state employee, other than an elected state official, who, in the
discharge of such official's or employee's official duties, would be required to take an
action that would affect a financial interest of such official or employee, such official's
or employee's spouse, parent, brother, sister, child or the spouse of a child or a business
with which such official or employee is associated, other than an interest of a de minimis
nature, an interest that is not distinct from that of a substantial segment of the general
public or an interest in substantial conflict with the performance of official duties as
defined in section 1-85 has a potential conflict of interest. Under such circumstances,
such official or employee shall, if such official or employee is a member of a state
regulatory agency, either excuse himself or herself from the matter or prepare a written
statement signed under penalty of false statement describing the matter requiring action
and the nature of the potential conflict and explaining why despite the potential conflict,
such official or employee is able to vote and otherwise participate fairly, objectively
and in the public interest. Such public official or state employee shall deliver a copy of
the statement to the Office of State Ethics and enter a copy of the statement in the journal
or minutes of the agency. If such official or employee is not a member of a state regulatory
agency, such official or employee shall, in the case of either a substantial or potential
conflict, prepare a written statement signed under penalty of false statement describing
the matter requiring action and the nature of the conflict and deliver a copy of the statement to such official's or employee's immediate superior, if any, who shall assign the
matter to another employee, or if such official or employee has no immediate superior,
such official or employee shall take such steps as the Office of State Ethics shall prescribe
or advise.
(b) No elected state official shall be affected by subsection (a) of this section.
(c) No person required to register with the Office of State Ethics under section 1-94 shall accept employment with the General Assembly or with any member of the
General Assembly in connection with legislative action, as defined in section 1-91. No
member of the General Assembly shall be a lobbyist.
(P.A. 77-600, S. 8, 15; 77-604, S. 67, 84; P.A. 81-53, S. 1, 3; 81-472, S. 114, 159; P.A. 83-249, S. 8, 14; 83-586, S. 7,
14; P.A. 85-369; P.A. 89-97, S. 6, 7; P.A. 05-183, S. 10.)
History: P.A. 77-604 made technical changes; P.A. 81-53 amended this section to exempt public officials and state
employees from compliance with its terms with respect to actions affecting a financial interest of theirs if such interest is
not distinct from that of a substantial segment of the public where prior law provided an exemption only where the interest
affected was the same as that of the public in general; P.A. 81-472 made technical correction; P.A. 83-249 made technical
amendments; P.A. 83-586 eliminated requirement that official or employee refrain from action or decision in all instances
in which a potential conflict exists; P.A. 85-369 added Subsec. (b) which prohibits persons required to register with the
state ethics commission from accepting employment with the general assembly or a member thereof in connection with
legislative action, and prohibits members of the general assembly from being lobbyists; P.A. 89-97 amended Subsec. (a)
to limit applicability to public officials or state employees who are not elected state officials, to specify applicability in cases
of both substantial and potential conflicts of interest and to rephrase provision re voluntary withdrawal from consideration of
such matters, inserted new Subsec. (b) stating that Subsec. (a) does not apply to elected state officials, and relettered the
former Subsec. (b) as Subsec. (c); P.A. 05-183 replaced "commission" and "State Ethics Commission" with "Office of
State Ethics" throughout the section and in Subsec. (a) made technical changes for the purpose of gender neutrality, effective
July 1, 2005.