May a public official with a conflict of interest avoid the conflict by delegating his authority to a subordinate?
Unless there is a pre-existing mechanism in place specifying how and by whom the public official’s authority is to be exercised in the event of a conflict, the public official’s delegation of such authority to a subordinate is itself a use of authority of office establishing the first element of a conflict of interest. See, Confidential Opinion, 02-004.
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