Doing Business w/ Your Agency Flashcards
What governs?
DO BUSINESS/BUY FROM
- 313(3)
2 prohibitions.
PO/PE cannot buy from PO/PE for LG.
PO/PE cannot sell to LG.
but PO/PE can buy from LG.
DO BUSINESS/BUY FROM ----------- #1 Prohibition. PO/PE cannot buy from itself for LG. ----------- Who does this apply to?
Public officer acting in official capacity
OR
Public employee acting in official capacity as a purch agent (CEO 09-3)
#1 Prohibition. PO/PE cannot buy from itself for LG.
———–
What actions are prohibited in his official capacity?
DO BUSINESS/BUY FROM ----------- Directly or indirectly Purchase, rent, or lease Realty, goods, or services (but, maybe, not intangible personal property, CEO 86-26)
DO BUSINESS/BUY FROM ----------- #1 Prohibition. PO/PE cannot buy from itself for LG. ----------- PO/PE prohibited to act FOR who?
PO/PE can’t act for his own LG
DO BUSINESS/BUY FROM ----------- #1 Prohibition. PO/PE cannot buy from itself for LG. ----------- PO/PE can't buy FROM who?
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.”
DO BUSINESS/BUY FROM ----------- #2 Prohibition. ----------- Can PO/PE in his private capacity sell to his LG?
DO BUSINESS/BUY FROM ----------- No. Cannot Rent, lease, or sell any realty, goods, or services To PO/PE's own LG.
How could scenario comply w/ 112.313 but violate elsewhere?
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.
When does not apply?
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.
Split the difference b/w dual employment & doing bus with.
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~~
