Doing Business w/ Your Agency Flashcards
What governs?
112.313(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.
#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?
Directly or indirectly
Purchase, rent, or lease
Realty, goods, or services (but, maybe, not intangible personal property, CEO 86-26)
#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
#1 Prohibition. PO/PE cannot buy from itself for LG.
———–
PO/PE can’t buy FROM who?
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.”
#2 Prohibition.
———–
Can PO/PE in his private capacity sell to his LG?
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?
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~~
