081617 KSEO, ETH 2017-06

Case DateAugust 16, 2017
CourtKansas
ETH 2017-06
Opinion No. 2017-06
Kansas Ethics Opinion
August 16, 2017
         Mr. Bob L. Corkins, Director          Kansas Office of Administrative Hearings          1020 S. Kansas Ave.          Topeka, Kansas 66612          Synopsis: Under the facts presented, a state employee is not prohibited from contracting to provide services to an outside organization.          Cited herein: K.S.A. 46-233,46-235,46-236, 46-241,46-286 and. K.A.R. 19-40-3a(b).          Dear Mr. Corkins:          We understand that, in your capacity as director of the Kansas Office of Administrative Hearings (OAH), you request our opinion concerning application of the state governmental ethics law, K.S.A. 46-215 et seq. Our opinion in response to your request is limited to its applicability. This opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          FACTUAL STATEMENT          As a state employee (director of OAH), you are considering an opportunity to contract with a charitable not-for-profit organization to work as a fundraiser while continuing to perform your full time governmental role. You will use your own personal time and resources to perform the contract services. The not-for-profit organization provides legal representation to persons free of charge. You understand that any financial interests created by your contract work for the not-for-profit organization may require disclosure in a state employee statement of substantial interests filing.          QUESTIONS          As a state employee, will your proposed contract work as a fundraiser during your own time and using your own resources violate the state governmental ethics laws?          ANALYSIS AND OPINION          Generally, a state employee (or officer) is not prohibited to work outside of their state employment. If other work affects state employment, a conflict may occur which violates the state governmental ethics law, K.S.A. 46-215, et seq. Specifically, five statutes are...

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