Opinion No. (2001)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION has requested an opinion on the following question: May the spouse of a state employee contract to provide goods or services to the employee's department if the employee neither participates in the department's decision to enter into the contract nor engages in the spouse's business? CONCLUSION The spouse of a state employee may contract to provide goods or services to the employee's department if the employee neither participates in the department's decision to enter into the contract nor engages in the spouse's business. ANALYSIS The spouse of an employee of the Department of Forestry and Fire Protection operates a business that makes Smokey Bear fire protection items such as window decals, bicycle water bottles with Smokey Bear messages on them, T-shirts with Smokey Bear messages, and Smokey Bear hats. The employee does not participate in her spouse's business. The question presented for resolution is whether the spouse may sell these items to the department for use in promoting its fire protection activities if the employee does not participate in the…