Advisory Opinion No. 96-86

Re: Ann M. Hollands

QUESTION PRESENTED

Whether, and to what extent, the Code of Ethics prohibits the Assistant Director of the Department of Transportation, Property and Right-of-Way Division, from participating in a matter before the Division in which her husband has provided private appraisal work for an interested party.

RESPONSE

Ann M. Hollands became the Assistant Director of the Department of Transportation, Property and Right-of-Way Division, in October, 1995. Her husband owns and operates a private appraisal company. The company, in early 1994, provided appraisal services relating to a parcel of property that has since become the subject of condemnation proceedings by the State. Her husband's appraisal of the property likely will be reviewed, and perhaps challenged, by the State as part of those proceedings. The petitioner's Department and Division would participate in any such action.

The petitioner has advised the Commission that, in conjunction with her Department's legal counsel, she has removed herself from any involvement with the matter at issue and will not participate in or review any information or decisions regarding the matter. This action, which effectively acts as a recusal from public action by the petitioner, is appropriate given the requirements of the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(e)

Related Advisory Opinions:

95-53

94-29

93-17

90-85

Keywords:

family: business interest