Advisory Opinion No. 1993-12

Disclosure Of Contracts With Quasi-Public Agencies On The
Statement Of Financial Interests

Pursuant to Conn. Gen. Stat. §1-83, certain public officials and state employees must file statements of financial interests for the preceding calendar year with the State Ethics Commission.  Among other items which must be disclosed on the statement are “any leases or contracts with the state held or entered into by the individual or a business with which he was associated.”  Conn. Gen. Stat. §1-83(b)(1)(G).  Ethics Commission Staff Attorney Brenda M. Bergeron has asked whether a contract with a Quasi-Public agency, as defined in Conn. Gen. Stat. §1-79(1), is considered a contract with the state for purposes of this subsection.

The legislation which established each of the Quasi-Public agencies made it clear that they were “not to be construed to be a department, institution or agency of the state.”  See Conn. Gen. Stat. §§32-35(a), 10a-179(i), 10a-243, 8-244(a), 8-119zz(a), 22a-261(a), 22a-134bb(a), 32-203(a), 32-188(a).  See also State Ethics Commission Advisory Opinion No. 79-12, 40 Conn. L.J. No. 47,  p.14 (May 22, 1979).  Effective January 1, 1989, the officials and employees of the State’s quasi-public agencies became subject to the Code of Ethics for Public Officials.  Public Act Number 88-225.  At that time, several sections of the Code were amended because of the addition of these individuals, but the Legislature did not amend §1-83 to include disclosure of contracts with the quasi-public agencies.  Based on both the clear language of the Ethics Code and the legislation establishing the Quasi-public agencies, as well as the General Assembly’s decision not to amend §1-83 at the time officials and employees of these agencies became subject to the Code, contracts with a Quasi-Public agency do not need to be disclosed on the Statement of Financial Interests.

By order of the Commission,

Christopher T. Donohue
Chairperson