Ethics3 Question 16
|
You answered YES - Your answer is correct.
Assemblyman W needs to investigate whether his employer transacts business with casinos. N.J.S.A.
52:13D-17.2
and section 2:8 of the Code of Ethics prohibit a legislator and any firm with which he is associated from
representing, appearing for or negotiating on behalf of any casino licensee or applicant or any holding or
intermediary company with respect thereto. Section 2:8c. of the Code further restricts a legislator and
any firm with which he associated as an officer, director or holder of an interest, as defined in section 1:1
of the Code, from representing, appearing for or negotiating on behalf of another party with respect
to any transaction between the party and any casino licensee or applicant or any holding or intermediary
company with respect thereto. Section 2:8e. of the Code prohibits a legislator and any firm with which
he associated as an officer, director or holder of an interest from being an officer, director or
holder of an interest in a firm which is the holder of or applicant for a casino service industry license
(required where a company provides certain goods or services to a casino on a regular or continuing basis)
or doing, or seeking to do, business, other than on a casual basis, with a casino licensee or its affiliated hotel.
If a legislator's company does business with a casino licensee or its affiliated hotel on a casual basis,
a statement to that effect would have to be filed with the Joint Committee pursuant to 2:8f. Considering
all of these restrictions and the fact that Assemblyman W is a company vice-president, which could
constitute an officer for purposes of section 2:8 of the Code, he should investigate whether his company
has any casino related business. Once he learns the extent of any such business, he can discuss the details
with Ethics Counsel to determine if any ethical conflicts might exist. Note: The Joint Committee
determined in a prior formal opinion that the term "officer" as used in section 2:8 of the Code is more
than mere titular designation and denotes that the legislator has some position of real authority or
control vis-a-vis the company generally and the company's casino related business specifically.
|
|
You answered NO - Your answer is incorrect.
Assemblyman W needs to investigate whether his employer transacts business with casinos. N.J.S.A.
52:13D-17.2
and section 2:8 of the Code of Ethics prohibit a legislator and any firm with which he is associated from
representing, appearing for or negotiating on behalf of any casino licensee or applicant or any holding or
intermediary company with respect thereto. Section 2:8c. of the Code further restricts a legislator and
any firm with which he associated as an officer, director or holder of an interest, as defined in section 1:1
of the Code, from representing, appearing for or negotiating on behalf of another party with respect
to any transaction between the party and any casino licensee or applicant or any holding or intermediary
company with respect thereto. Section 2:8e. of the Code prohibits a legislator and any firm with which
he associated as an officer, director or holder of an interest from being an officer, director or
holder of an interest in a firm which is the holder of or applicant for a casino service industry license
(required where a company provides certain goods or services to a casino on a regular or continuing basis)
or doing, or seeking to do, business, other than on a casual basis, with a casino licensee or its affiliated hotel.
If a legislator's company does business with a casino licensee or its affiliated hotel on a casual basis,
a statement to that effect would have to be filed with the Joint Committee pursuant to 2:8f. Considering
all of these restrictions and the fact that Assemblyman W is a company vice-president, which could
constitute an officer for purposes of section 2:8 of the Code, he should investigate whether his company
has any casino related business. Once he learns the extent of any such business, he can discuss the details
with Ethics Counsel to determine if any ethical conflicts might exist. Note: The Joint Committee
determined in a prior formal opinion that the term "officer" as used in section 2:8 of the Code is more
than mere titular designation and denotes that the legislator has some position of real authority or
control vis-a-vis the company generally and the company's casino related business specifically.
|
|