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AGO Opinions with Topic: EFFECT OF NON-PARTICIPATION BY OFFICER IN OFFICIAL ACTION ON CONTRACT WHEN SO INTERESTED
AGO 1954 No. 317 >  September 17, 1954
PUBLIC OFFICERS - SCHOOL DIRECTORS - INTEREST IN CONTRACT OF DISTRICT AS AVOIDING CONTRACT - EFFECT OF NON-PARTICIPATION BY OFFICER IN OFFICIAL ACTION ON CONTRACT WHEN SO INTERESTED
PUBLIC OFFICERS ‑- SCHOOL DIRECTORS ‑- INTEREST IN CONTRACT OF DISTRICT AS AVOIDING CONTRACT ‑- EFFECT OF NON-PARTICIPATION BY OFFICER IN OFFICIAL ACTION ON CONTRACT WHEN SO INTERESTED 1. Where school director's husband is officer of private corporation and holds stock therein for marital community, director has pecuniary interest in contract between corporation and district, and contract is invalid.  2. The size of the interest is immaterial.  3. The fact that the interested public officer does not participate in any official action on the contract is also immaterial; the existence of the interest, rather than participation or its absence, is controlling as to the validity of the contract.
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