Antje:
In my beloved home state of Florida, there is a code of ethics in the
statutes which would seem to cover the situation. It specifically
prohibits public officers and employees from this sort of conduct: "no
officer or employee of a state agency or of a county, city, or other
political subdivision of the state, and no member of the Legislature or
legislative employee, shall have any interest, financial or otherwise,
direct or indirect; engage in any business transaction or professional
activity; or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest."
(FS 112.311(5))
In my beloved adopted state of Illinois, there is the
Illinois Purchasing Act, which, at 30 ILCS 505/11.1, makes it "unlawful
for any person holding an elective office in this State, holding a seat
in the General Assembly, or appointed to or employed by any of the
offices of State government, or who is an officer or employee of the
Capital Development Board or the Illinois Toll Highway Authority, or who
is the wife, husband, or minor child of any such person to have or
acquire any contract, or any direct pecuniary interest in any contract
therein, whether for stationery, printing, paper, or for any services,
material or suppies, which will be wholly or partially satisfied by the
payment of funds appropriated by the General Assembly of the State of
Illinois or in any contract of the Capital Development Board or the
Illinois Toll Highway Authority."
I think this state probably has a similar provision to one of the two
above, and IMHO, any time you manipulate a public employment like that
for your own benefit, circumventing the normal procedure set up to ensure
that there is some oversight as to how the public's money is spent, you
are guilty of unethical behavior at the very least. You may be guilty of
illegal behavior depending on the state's laws. But there are indeed
laws on the books in some states that cover exactly the situation you
describe.
Now might also be a good
opportunity to educate the library staff on the provisions of the
conflict of interest laws in that state and the code of ethics for public
employees, if one exists. (Although, of course, in the absence of a
library director, there's probably no one able to take a leadership role
on this issue and see that the education gets done.) Certainly the fact
that anyone thinks that this behavior is both legal and ethical indicates
that there is widespread ignorance on the subject.
Debra Mack
Ross & Hardies
Chicago, IL
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