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Got a question? Try Ask the MMA Can a municipal department head hire a department employee to do work on his or her home?
Q: Can a municipal department head hire a department employee to do work on his or her home? In this case, the manager is renovating his house, and his assistant and his brother do roofing work on the side.
A: According to the State Ethics Commission, the public employee may not ask his assistant to re-shingle the roof, even if he is willing to pay a fair market wage for the work. If, however, the solicitation is made by the subordinate, either directly or through advertisement, rather than the superior, private employment of the subordinate by the superior may be permissible if the proper public disclosures are made to the superior’s appointing official. Individuals considering such arrangements should contact the State Ethics Commission’s Legal Division for specific advice.
The inherently exploitable nature of the relationship between superior and subordinate requires formal safeguards to protect against even accidental or unintended coercion or undue pressure by the superior. Section 23 of the conflict of interest law prohibits both actual exertion of undue influence as well as the appearance of acting in anything but a completely objective manner. Therefore, persons in supervisory positions may not ask their subordinates to work for them in a private capacity or to contribute to any private interest or organization. In such situations, the subordinate employee may feel coerced even if there is no such intent on the part of the supervisor, and it would be impossible to avoid the “appearance” of impropriety in such situations. The limitations of Section 23 also apply to a public employee dealing with vendors and other individuals that the employee regulates.
Got a question? Try Ask the MMA Can a municipal department head hire a department employee to do work on his or her home?
Can a municipal department head hire a department employee to do work on his or her home?
Q: Can a municipal department head hire a department employee to do work on his or her home? In this case, the manager is renovating his house, and his assistant and his brother do roofing work on the side.
A: According to the State Ethics Commission, the public employee may not ask his assistant to re-shingle the roof, even if he is willing to pay a fair market wage for the work. If, however, the solicitation is made by the subordinate, either directly or through advertisement, rather than the superior, private employment of the subordinate by the superior may be permissible if the proper public disclosures are made to the superior’s appointing official. Individuals considering such arrangements should contact the State Ethics Commission’s Legal Division for specific advice.
The inherently exploitable nature of the relationship between superior and subordinate requires formal safeguards to protect against even accidental or unintended coercion or undue pressure by the superior. Section 23 of the conflict of interest law prohibits both actual exertion of undue influence as well as the appearance of acting in anything but a completely objective manner. Therefore, persons in supervisory positions may not ask their subordinates to work for them in a private capacity or to contribute to any private interest or organization. In such situations, the subordinate employee may feel coerced even if there is no such intent on the part of the supervisor, and it would be impossible to avoid the “appearance” of impropriety in such situations. The limitations of Section 23 also apply to a public employee dealing with vendors and other individuals that the employee regulates.
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