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When an ethics board's preliminary opinion on a hypothetical scenario is relied on to hire a hypothetical state employee, then the board realizes state citizens might realize we screwed up and issues a contradictory formal opinion. Ethics board CYA ...Not even close to what happened. The coach bargained for it before he was an employee of the state. The university agreed and structured to comply once hired and a bunch of good /for-nothing bureaucrats were offended because somebody didn't kiss their in advance to their satisfaction. The office issued an opinion beforehand and they refused to homor their own opinion as non-binding like bureaucrats do.
March Courant article: http://www.courant.com/sports/uconn-football/hc-uconn-football-corey-edsall-contract-0325-20170324-story.html
"On Dec. 22, four days before previous coach Bob Diaco was notified he would be fired, Kimberly Fearney, UConn's director of compliance and ethics liaison, sent an email to Brian O'Dowd, the OSE's deputy general counsel, stating that UConn was recruiting a candidate for a position. Fearney also stated that one of the conditions sought by the candidate was employment for a family member.
The state statutes known as the Code of Ethics bans state employees from using their positions to benefit family members. But in this case, no formal employment agreement had yet been signed between Edsall and UConn.
Fearney wrote, "This would be part of the contract agreed to by the candidate and the University and signed before they begin employment. Can you confirm for me that this is permissible? … In addition, I know from prior guidance that it would be permissible for the family member to work within the same department, if they are not reporting, either directly or indirectly, to their family member."
O'Dowd, Deputy General Counsel of the Office of State Ethics responded, "Because the candidate is not yet a 'public official' or 'state employee,' the Code of Ethics for Public Officials … does not apply to him or her, meaning that what would be otherwise a clear use-of-office violation … namely, using one's state position to help one's spouse obtain a state job … is nonetheless technically permissible."
UConn took this as a go-ahead."