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Session Laws, 1973
Volume 709, Page 1963   View pdf image
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MARVIN MANDEL, Governor                                  1963

2.    To disclose to any individual or entity for the officer's or employee's private
gain or advantage, or for the private gain or advantage of another individual or
entity, confidential information concerning the property, government, or affairs of
the State.

3.    To engage in outside employment which may frequently result in conflicts
between the private interests of the officer or employee and his official State duties
and responsibilities or which impairs or could reasonably be expected to impair his
independence of judgment in the exercise of his official duties.

4.     To use intentionally the prestige of a State office or employment for the
officer's or employee's private gain or for the private gain of another.

5.     To assist another individual or entity for compensation or to represent
another individual or entity as agent or attorney, whether or not for compensation.
in any transaction involving the agency of which he is an officer or employee or in
any transaction involving the State which results in a conflict or could reasonably
be expected to result in a conflict between the private interests of the officer or
employee and his official State duties and responsibilities, or to accept a portion of
any fee received by another individual or entity for assistance which such officer or
employee would be prohibited from rendering by this section.

Nothing in this section shall prevent an officer or employee from assisting (a)
his parent, spouse, or child or (b) any individual or entity for whom he is serving
as guardian, executor, administrator, trustee, or other personal fiduciary in a
transaction involving the State except in transactions in which he has participated
or over which he has official responsibility and provided that the circumstances of
such assistance shall have been disclosed to the officer's or employee's agency head
and approved by him in advance of such assistance or (c) any member of the
public when it is part of his official duties to do so.

6. To participate in a transaction involving the State in which an officer or
employee has a direct interest or to participate in a transaction involving the State
to which, to his knowledge, any of the following is a party:

(a)       any entity in which he has a direct financial interest of which he may
reasonably be expected to know;

(b)   any entity of which he is an officer, director, trustee, partner, or employee;

(c)    any entity with which he is negotiating or has any arrangement concerning
prospective employment;

(d)     any entity which is a party to an existing contract with such officer or
employee where such contract when viewed in light of his participation in the
transaction results in a conflict or could reasonably be expected to result in a
conflict between the private interests of the officer or employee and his official
State duties;

(e)   any entity, either engaged in a transaction involving the State or subject to
regulation by the agency of which he is an officer or employee, in which a direct
financial interest is owned by another entity in which the officer or employee has a
direct financial interest;

(f) any entity which is a creditor or obligee of such State officer or employed
with respect to a thing of economic value and which, by reason therefor, is in a
position to affect directly and substantially such officer's or employee's economic
interest.

The Board of Ethics may by written order suspend the operation of this section,
however, in whole or in part, as to any particular State officer or employee or
class thereof with respect to any particular or class of transactions involving the
State, provided that said Board shall make a finding in writing, that under all the
circumstances, the public welfare and interest in an officer's or employee's
participation exceeds the public interest in his disqualification.

In any case where a State officer or employee must disqualify himself under the
provisions of this section, he shall promptly notify his agency head, or, if he is an

 

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Session Laws, 1973
Volume 709, Page 1963   View pdf image
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