Home 
Got a question? Try Ask the MMA Can a public employee to solicit donations from individuals with whom he conducts official business?
Q: Is it OK for a public employee to solicit donations for a charitable organization (e.g., high school boosters) from individuals with whom he conducts official business?
A: No, according to the State Ethics Commission. Public employees are prohibited from, knowingly or with reason to know, using or attempting to use their official positions to secure for themselves or others unwarranted privileges of substantial value that are not properly available to similarly situated individuals. “Substantial value” has been set at $50 or more by the courts and the Ethics Commission. In some instances, “substantial value” may not be readily ascertainable, such as when a public employee uses his or her position to get preferential treatment, to secure a special benefit or to retaliate against someone. In such cases, the Ethics Commission will view the totality of the circumstances to determine whether the substantial value threshold has been met. “Similarly situated individuals” can mean, in various situations, other people, businesses or entities in the city, town, state or county who are not necessarily public employees.
Using public equipment and resources for personal business is using an official position to obtain an unwarranted privilege of substantial value not properly available to others. Thus, the use of public resources valued at $50 or more for personal, private or political purposes violates the conflict of interest law. In addition, public employees may not use the “inherently coercive authority” of their position to seek anything of substantial value.
Got a question? Try Ask the MMA Can a public employee to solicit donations from individuals with whom he conducts official business?
Can a public employee to solicit donations from individuals with whom he conducts official business?
Q: Is it OK for a public employee to solicit donations for a charitable organization (e.g., high school boosters) from individuals with whom he conducts official business?
A: No, according to the State Ethics Commission. Public employees are prohibited from, knowingly or with reason to know, using or attempting to use their official positions to secure for themselves or others unwarranted privileges of substantial value that are not properly available to similarly situated individuals. “Substantial value” has been set at $50 or more by the courts and the Ethics Commission. In some instances, “substantial value” may not be readily ascertainable, such as when a public employee uses his or her position to get preferential treatment, to secure a special benefit or to retaliate against someone. In such cases, the Ethics Commission will view the totality of the circumstances to determine whether the substantial value threshold has been met. “Similarly situated individuals” can mean, in various situations, other people, businesses or entities in the city, town, state or county who are not necessarily public employees.
Using public equipment and resources for personal business is using an official position to obtain an unwarranted privilege of substantial value not properly available to others. Thus, the use of public resources valued at $50 or more for personal, private or political purposes violates the conflict of interest law. In addition, public employees may not use the “inherently coercive authority” of their position to seek anything of substantial value.
| < Prev | Next > |
|---|
