Doing Business w/ Your Agency

Question 1

What governs?

Answer 1

DO BUSINESS/BUY FROM

112. 313(3)

Question 2

2 prohibitions.

Answer 2

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

but PO/PE can buy from LG.

Question 3

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

Answer 3

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

Question 4

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

Answer 4

DO BUSINESS/BUY FROM
-----------
Directly or indirectly 
Purchase, rent, or lease 
realty, goods, or services (but, this not apply when there is an intangible but remote benefit.  See AGO 86-26)

Question 5

DO BUSINESS/BUY FROM
-----------
#1 Prohibition.  PO/PE cannot buy from itself for LG.
-----------
PO/PE prohibited to act FOR who?

Answer 5

PO/PE can’t act for his own LG

Question 6

DO BUSINESS/BUY FROM
-----------
#1 Prohibition.  PO/PE cannot buy from itself for LG.
-----------
PO/PE can't buy FROM who?

Answer 6

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.”

Question 7

DO BUSINESS/BUY FROM
-----------
#2 Prohibition.
-----------
Can PO/PE in his private capacity sell to his LG?

Answer 7

DO BUSINESS/BUY FROM
-----------
No.
Cannot
Rent, lease, or sell any realty, goods, or services 			To PO/PE's own LG.

Question 8

DO BUSINESS/BUY FROM
How could scenario comply w/ 112.313 but violate elsewhere?

Answer 8

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.

Question 9

DO BUSINESS/BUY FROM
When does not apply?

Answer 9

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.

Question 10

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

Answer 10

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~~