| Date: | 05/03/1979 |
|---|---|
| Organization: | State Ethics Commission |
A state employee may not contract with a state agency for the sale of a commodity even if he accepts considerably less than his asking price.
- This page, EC-COI-79-65, is offered by
- State Ethics Commission
Opinion
Opinion EC-COI-79-65
Table of Contents
Facts
You are a full-time employee of a state agency. You loaned twelve of your paintings to the agency for an exhibit. The agency offered to purchase one of your paintings, for $1,000. You agreed, although your asking price had been $3,000.
Question
You ask whether you violated the state conflict of interest law, Chapter 268A, by selling this painting to the agency.
Discussion
Section 7 prohibits a state employee from having a financial interest in a contract made by a state agency. The painting was purchased with funds from an agency Trust fund. The purchasing unit is an officially constituted body within the agency and is, therefore, a state agency under § 1(p). Your sale of the painting is a contract with a state agency in which you had a financial interest. The fact that you accepted considerably less than your asking price does not negate this financial interest. Since none of the exemptions in § 7 apply to you as a full-time employee, the sale does violate Chapter 268A.
End Of Decision