Doing Business w/ Your Agency Flashcards

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1
Q

What governs?

A

DO BUSINESS/BUY FROM

  1. 313(3)
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2
Q

2 prohibitions.

A

PO/PE cannot buy from PO/PE for LG.
PO/PE cannot sell to LG.

but PO/PE can buy from LG.

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3
Q
DO BUSINESS/BUY FROM
-----------
#1 Prohibition.  PO/PE cannot buy from itself for LG.
-----------
Who does this apply to?
A

Public officer acting in official capacity
OR
Public employee acting in official capacity as a purch agent (CEO 09-3)

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4
Q

#1 Prohibition. PO/PE cannot buy from itself for LG.
———–
What actions are prohibited in his official capacity?

A
DO BUSINESS/BUY FROM
-----------
Directly or indirectly 
Purchase, rent, or lease 
Realty, goods, or services (but, maybe, not intangible personal property, CEO 86-26)
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5
Q
DO BUSINESS/BUY FROM
-----------
#1 Prohibition.  PO/PE cannot buy from itself for LG.
-----------
PO/PE prohibited to act FOR who?
A

PO/PE can’t act for his own LG

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6
Q
DO BUSINESS/BUY FROM
-----------
#1 Prohibition.  PO/PE cannot buy from itself for LG.
-----------
PO/PE can't buy FROM who?
A
DO BUSINESS/BUY FROM
-----------
SPOC Materials, Inc.
-----------
Business entity in which material interest of:
(a)  Spouse
(b)  PO/PE
(c)  Child (or any combination of them) 

If have a “material interest.”

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7
Q
DO BUSINESS/BUY FROM
-----------
#2 Prohibition.
-----------
Can PO/PE in his private capacity sell to his LG?
A
DO BUSINESS/BUY FROM
-----------
No.
Cannot
Rent, lease, or sell any realty, goods, or services 			To PO/PE's own LG.
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8
Q

How could scenario comply w/ 112.313 but violate elsewhere?

A

Neither prohibition of 112.313(3) prevents PO/PE from purchasing from LG
BUT
Cd violate 112.313(7) which prohibits PO/PE from having employment or contractual relationship w/ any business that is
a) subject to regulation of or
b) doing business w/ agency.

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9
Q

When does not apply?

A
DO BUSINESS/BUY FROM
-----------
Does not apply to ks entered prior to:
1)   Qualification for office
2)  Appointment to office or
3)  Taking public employment.
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10
Q

Split the difference b/w dual employment & doing bus with.

A

Dual applies to PO as private individ. He can’t work for someone regulated or doing bus w/ LG.
———–
Doing bus applies to PO as official. Can’t buy from SPOC Materials, Inc. [spouse, official, child w/ material interest.] ~SPOC can buy from LG~~

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