Advisory Opinions from the Alabama
Ethics Commission
12-29-1999
The following is a
summary of the advisory opinions released by the State
Ethics Commission on August 4, 1999 and October 6, 1999.
You should be able to obtain copies of any of these
opinions through the Ethics Commission's web page, found
at www.ethics.alalinc.net. If you have any problems
obtaining a document, you should contact Theresa Davis,
Opinions Paralegal at the Alabama Ethics Commission,
at 334-242-3747. If you have any questions about these
or other opinions, please contact Mary Pons, ACCA staff
Attorney at the ACCA office or send email to mpons@acca-online.org
BENEFITS, PRIZES, AND OTHER
GRATUITIES
Opinion No. 98-02 - Employees of the city of Mobile may
accept free checking services, ATM, and credit cards from
a local bank, provided the offer is made to all municipal
employees and is not made in exchange for an understanding
that the city will increase its business with the bank
or for any other promise.
Opinion No. 98-48 -
DIR's group fund supervisor may accept an expense-paid
trip offered by the Occupational Safety Association of
Alabama, which she regulates, to lead an educational conference
concerning various group fund issues, provided no particular
course of action is required as a condition for receipt
of the trip. The employee may accept reasonable transportation,
food and beverage where the provider is present, and lodging
expenses provided in conjunction with the educational
or informational purpose, together with any hospitality
associated with the conference, provided such hospitality
is less than 50% of the time spent at the conference.
If the aggregate value of the transportation and other
expenses is more than $250 a day, the total amount expended
must be reported to the Ethics Commission by the provider.
Opinion No. 99-09 - An employee
of the Alabama State Docks, who registered for a prize
while picking up supplies for the State Docks, may accept
the prize as the opportunity was available to all members
of the public and the employee did not use his position
to win the prize.
Opinion No. 99-28 - Public
employee who is on official business and wins a door prize
of two airline tickets may not use the tickets for personal
travel when the tickets were won while he was being paid
by the State and performing official duties of his office.
He may donate the tickets to charity or use them for official
travel.
Opinion No. 99-40 - City of
Dothan may contribute money to Robert Trent Golf Trail
Foundation in association with PGA and NIKE tours and
city employees and officials may accept hospitality in
conjunction with the tournament in the form of food and
beverage, lodgings, and tickets to social or sporting
events if
(1) the hospitality does not extend beyond three consecutive
days,
(2) is not continuous in nature,
(3) the aggregate value of the hospitality in excess of
$250 a day is reported to the Ethics Commission the provider,
(4) the hospitality was not provided in exchange for the
contribution on the part of the city,
(5) the hospitality is provided to all sponsors of the
event,
(6) no particular course of action is required of the
city, and
(7) there was no prearranged understanding that the
hospitality would be provided in exchange for the
contribution.
CONFLICTS OF INTEREST
Opinion No. 99-31 - A city councilman who is the owner
and operator of a surveying and engineering firm may design
plans and specifications for a new town hall at no cost
to the town of which he serves as councilman; provided
that no particular course of action is required as a condition
to the receipt of the volunteer services.
Opinion No. 99-35 - Members
of the city council of Carbon Hill who have family members
employed by the City Utility Board may not vote on issues
relating to matters regarding the City Utility Board.
Opinion No. 99-45 - A hardware
store owned by the spouse of a principal/director of a
technical school may do business with the school, provided
the principal/director not use her position in an effort
to encourage the school to do business with the spouse’s
store, that she not participate in or discuss any transactions
between the school and the store, and that copies of all
contracts and/or receipts indicating transactions between
the school and the store be submitted to the Ethics Commission
within 10 days.
See Opinion No. 99-47 under
"PART-TIME EMPLOYMENT/OTHER BUSINESS VENTURES" heading.
DONATIONS/VOLUNTEER SERVICES
Opinion No. 99-41 - A water board chairman may donate
water rights on land owned by him to a water authority
and receive a tax write-off, as the tax break is incidental
to the transaction and would not provide the same benefit
to the water board chairman as selling the property or
water rights would provide.
Opinion No. 99-43 - The Tuscaloosa
Park and Recreation Authority may accept and a member
of the Board of the Authority may provide construction
services to the authority for recreational facilities
at no cost; provided that no particular course of action
is required as a condition to receipt of the volunteer
services.
FORMER/RETIRED PUBLIC EMPLOYEES
Opinion No. 99-28 - Public employee who is on official
business and wins a door prize of two airline tickets
may not use the tickets for personal travel when the tickets
were won while he was being paid by the State and performing
official duties of his office. He may donate the tickets
to charity or use them for official travel.
Opinion No. 99-32 - A former
welfare program manager with Jefferson County DHR may
provide consultation services to social service agencies
under contract with the state as he had no involvement
in the contractual process; provided that he not use public
equipment, facilities, time, materials, human labor or
other public property under his discretion or control
to assist him in obtaining the opportunities or in conducting
the consulting services. He may not represent social services
agencies before Jefferson County DHR for a period of two
years after his resignation.
Opinion No. 99-46 - The former
commissioner of the Department of Insurance may not act
as an attorney for an insurance company or otherwise aid,
counsel, advise, consult or assist in representing an
insurance company in connection with any judicial proceeding
or other matter in which the State is a party or has a
direct and substantial interest, and in which the former
Commissioner participated personally and substantially
as commissioner, or which was within or under the public
official’s official responsibilities as commissioner.
(See further discussion under "REVOLVING DOOR".)
FUND RAISING
See Opinion No. 99-39 under "POLITICAL CONTRIBUTIONS"
heading.
Opinion No. 99-48 - A district
attorney under indictment may establish a legal defense
fund to pay the cost of representation, provided he not
use his position or the mantle of his office as this would
amount to a use of office for personal gain in violation
of the ethics law.
FORMER/RETIRED PUBLIC EMPLOYEES
Opinion No. 98-19 - (1) Former Winston County engineer
and former member of the Alabama Surface Mining Commission
may practice as a registered professional engineer and
land surveyor for Winston County and the state, provided
he not go to work for a private-regulated entity for two
years after serving as county engineer or for two years
after he last personally participated in the direct regulation,
audit or investigation of that entity while serving as
county engineer, whichever period is longer.
(2) Former Winston County engineer
may not represent clients, including his new employer,
before the Winston County Commission or Winston County
Engineering Department for a period of two years after
retiring from the county.
(3) Former member of the Alabama
Surface Mining Commission may not represent clients, including
his new employer, before the Alabama Surface Mining Commission
for a period of two years after leaving the Alabama Surface
Mining Commission.
Opinion No. 98-45 - A county
administrator may not, for a period of two years after
retiring, accept employment with an entity that was awarded
a contract by the county when he was personally involved
in the contractual process.
Opinion No. 98-46 - A former
employee of Jefferson County DHR may accept employment
with Colbert County DHR as these are separate entities
with different appointing authorities.
Opinion No. 98-55 - (1) Retired
employees of the Department of Forensic Sciences may be
compensated for testifying in court cases in which they
participated before their retirement.
(2) Retired employees who were
not in a position of authority may be used to conduct
peer reviews and train new employees, and may be compensated
for their services.
Opinion No. 98-58 - A former
state employee now practicing law may represent clients
in matters in which he did not personally participate
as a state employee and may represent clients over which
he exercised regulatory authority while employed with
the state in litigation that does not involve the State
of Alabama.
Opinion No. 99-05 - The assistant
superintendent for business of the Decatur City Board
of Education may not contract with the Board to provide
consulting services for a period of two years after retiring
from the Board, because his job included preparation and
issuance of invitations for bids, the receipt and analysis
of the bids, and recommendations to the Board concerning
the awarding of contracts.
Opinion No. 99-06 - A former
nurse with the Department of Public Health may accept
employment with an insurance company as a consultant/nurse
since she did not regulate the company while employed
by the Department and would not have any interaction with
the Department in the private employment.
FUTURE EMPLOYMENT OPPORTUNITIES
Opinion No. 98-04 - The director of a county DHR may not
accept employment with a business that contracts with
the county DHR when the director has been involved in
contract negotiations between the county DHR and the service
provider.
Opinion No. 98-39 - A police
dispatcher with the Henagar Police Department may not
accept employment with a local bonding company (1) as
the opportunity arose in the course of her employment
with the police department and (2) it would be difficult
to separate her duties as a police dispatcher from those
of an agent of a bonding company.
Opinion No. 98-43 - See description
under SERVICE ON BOARDS/COMMISSIONS
Opinion No. 98-57 - See description
under SERVICE ON BOARDS/COMMISSIONS
Opinion No. 99-24 - A county
engineer who performed ministerial functions in the awarding
of a competitively bid contract to a hot-mix company to
perform services for the county may accept employment
with the company as his involvement in the bid process
was limited to sending requests for proposals to interested
bidders and determining the identity of the low bidder.
However, he may not, for a period of two years, represent
the hot-mix company before the county engineer's office
or the county commission. NOTE: The Ethics Commission
warns that this opinion is specific to its circumstances,
and suggests that other individuals similarly situated
request an opinion for themselves on their particular
set of circumstances.
NEPOTISM
Opinion No. 97-101 - The mayor of the city of Stevenson
may appoint his son or daughter-in-law to the Stevenson
Housing Authority, provided service on the board is a
non- compensated position and there is no opportunity
for personal gain.
Opinion No. 98-01 - (1)
The superintendent of the Covington County School
System may employ, on a part-time basis, the daughter
of a county school principal, as the principal's daughter
is not a family member as defined by the Alabama ethics
law nor a family member of the superintendent.
(2) A principal may not use
his position or influence in an attempt to have a family
member employed by the school system.
Opinion No. 98-26 - The circuit
clerk for Etowah County may not employ his adult daughter
in the circuit clerk's office, nor may he approve his
adult daughter's transfer from the Jefferson County circuit
clerk's office to the Etowah County circuit clerk's office
of the Department of Corrections or any understanding
that more inmates will be provided to the contractor.
PART-TIME EMPLOYMENT/OTHER
BUSINESS VENTURES
Opinion No. 98-05 - See description under SERVICE ON BOARDS/COMMISSIONS
Opinion No. 98-06 - A deputy
sheriff may purchase and operate a wrecker/repossession
service, provided that:
- all work is performed on his own time
- no public equipment, facilities, time, materials no
public equipment, facilities, time, materials, human labor,
or other property under his discretion or control be used
in conducting the wrecker service
- he not use the trappings of his office to assist in
operating the private business and
- he not use any confidential information obtained in
the
course of his employment to benefit or assist in the
operation of his wrecker service
NOTE - This opinion does not address whether the deputy
may
provide services to the county.
Opinion No. 98-10 - A geologist
for the Geological
Survey of Alabama may serve as a part-time independent
contractor of computer graphics provided that:
- all work is performed on his own time
- no public equipment, facilities, time, materials, human
labor, or other property under his discretion or control
be
used in conducting his contracting service and
- the contracting service is not related to his primary
employment with the Geological Survey of Alabama
Opinion No. 98-15 - A forester
with the Alabama Forestry
Commission may start and operate a part-time business
in
wildlife management, provided that:
- he not use his position as a forester to obtain business
opportunities for his consulting business
- no public equipment, facilities, time, materials, human
labor, or other property under his discretion or control
be
used to assist him in obtaining or carrying out his
consulting business
- no confidential information obtained in the course of
his
employment is used to benefit his consulting business
- he does no consulting work in the county in which he
performs the functions of a forester
- he does no consulting work in another county when land
he
regulates through the forestry commission overlaps into
that adjoining county and
- all work is performed on his own time
Opinion No. 98-17 - A city
councilman who is also the owner of a car dealership may
have his dealership participate in a child safety day
sponsored by American Honda, provided neither he nor any
persons associated with the dealership request the fire
and police departments to participate, even though the
benefit received would accrue to the public and not to
the councilman or his business. Neither the councilman
nor any persons associated with his dealership may sign
the solicitation letter. Should the matter be presented
to the city council, the councilman may not vote, attempt
to influence or otherwise participate in the matter.
Opinion No. 98-20 - A corrections
officer with the Alabama Department of Corrections may
not create for sale a handbook to assist other corrections
officers in performing the functions of their job responsibilities,
but the handbook may be printed at Department expense
for distribution to employees at no cost to the employees.
Opinion No. 98-23 - An employee
of the City of Evergreen Electrical Department may purchase
the Evergreen Tire Center, a company which does business
with the city, and may continue to do business with the
city, provided that:
- he not use his position as an employee of the city to
direct business to the tire center
- all future business between the city and the tire center
is done by competitive bid if competitive bid is not practical,
the tire center may provide goods and services to the
city at invoice price and may not make a profit from the
transaction and
- a copy of the contract is filed with the Ethics Commission
within 10 days after it is entered into
Opinion No. 98-25 - A deputy
sheriff may not serve civil papers for attorneys during
his off-duty hours as this is a function and responsibility
of the sheriff's department.
Opinion No. 98-37 - A police
officer may perform security consulting work during his
off-duty hours, provided that:
- he not use his position or the mantle of his office
to obtain business opportunities or conduct private business
- he not use or cause to be used equipment, facilities,
time, materials, human labor, or other property under
his discretion or control to assist him in conducting
or securing consulting work
- he perform the security consulting work on his own time
and
- he not use any confidential information obtained in
the course of his employment as a police officer to benefit
his security business
Opinion No. 98-43 - See description
under SERVICE ON BOARDS/COMMISSIONS
Opinion No. 99-01 - An off-duty
state trooper may be paid to serve as an instructor at
a police academy provided no public equipment, facilities,
time, materials, human labor or other public property
under his control is used in assisting him as an instructor
or in obtaining the opportunity with the police academy.
Opinion No. 99-02 - A city
councilman who owns an advertising agency may contract
to provide marketing assistance or to be hired as general
manager for a regional football league playing games at
a city-owned facility provided he did not use his position
as councilman to obtain the opportunity and did not vote,
attempt to influence, or otherwise participate in any
contract negotiations between the city and the league.
Opinion No. 99-04 - A police
officer may not also serve as coroner in the county in
which he resides and is employed, as it would be difficult
to separate his duties as a police officer from those
of coroner without the use of public equipment, facilities,
time, materials, human labor, or other public property
under his discretion or control in one position to assist
him in carrying out the duties or functions of the other
position, thereby resulting in a benefit being obtained.
Opinion No. 99-07 - The
director of a county department of planning and community
development may administer a CDBG grant for a municipality
within the same county, when the county is not eligible
for the CDBG grant and has no planning authority within
the city's jurisdiction, provided all work regarding the
CDBG grant is done on his own time and no county equipment,
facilities, time, materials, human labor, or other county
property under his discretion or control is used to assist
him in gaining the opportunity or in administering the
CDBG grant.
Opinion No. 99-10 - An official
court reporter hired by the State of Alabama may not simultaneously
work as a court reporter in the private sector in litigation
matters, but may record minutes of board meetings, etc.
when no litigation is involved provided no public equipment,
facilities, time, materials, human labor, or other public
property under his or her discretion or control is used
to assist in the performance of the duties of the private
sector employment or to obtain private sector employment.
Opinion No. 99-12 - A county
commissioner may not contract with the Commission on which
he serves to teach county employees how to operate county
machinery.
Opinion No. 99-13 - See description
under SERVICE ON BOARDS/COMMISSIONS
Opinion No. 99-25 - Deputy
Director of Birmingham Airport Authority may pursue business
opportunities at other airports as consultant, provided
he not use public equipment, facilities, time, materials,
human labor or other public property under his discretion
or control to assist him in obtaining the opportunities
or in conducting the consulting business. He may not enter
into business ventures with firms that conduct business
with the Birmingham Airport.
Opinion No. 99-26 - Public
Health employee, whose main duties include surveying nursing
homes for compliance with
state and federal regulations, may market a product to
the nursing home industry and other health care related
industries, but he may not market the product to nursing
homes or health care related industries over which he
has regulatory authority, and he may not use public equipment,
facilities, time, materials, human labor or other public
property under his discretion or control to either assist
him in obtaining the opportunities or in providing the
services.
Opinion No. 99-29 - A support
engineer with the Department of Transportation (DOT) may
provide engineering software training to Wilcox County
personnel on a consulting basis, provided (1) he did not
use his position to obtain the outside employment, (2)
providing the training is not already a part of his regular
job duties with DOT, (3) DOT is not providing this service,
(4) all work involving the training is done on his own
time, (5) he does not use any public equipment, facilities,
time, materials, human labor or other public property
under his discretion or control to assist him in performing
the training, and (6) he does not perform the consulting
services for an entity or individuals over which he exercises
regulatory authority.
Opinion No. 99-30 - The Commissioner
of the Alabama Department of Insurance may become a member
of and may serve as a member of the board of a not-for-profit
corporation, as there is no personal benefit accruing
to him, and any benefits received by membership accrue
to the state.
Opinion No. 99-34 - A GIS database
supervisor with the Storm Water Management Authority for
Jefferson County may act as a consultant in municipalities
outside the jurisdiction of his employer; provided he
not use or cause to be used any public equipment, facilities,
time, materials, human labor or other public property
under his discretion or control to either assist him in
performing his private consulting work or in obtaining
the opportunities.
Opinion No. 99-36 - A sworn
police officer, who also serves as the elected coroner
for the county, may continue to hold both positions; provided
he not use any public equipment, facilities, time, materials,
human labor or
other public property under his discretion or control
to assist him in performing the duties of coroner; and
provided further that while he is on-duty as a police
officer, the deputy coroner handle all coroner's matters
and the coroner is not paid per call.
NOTE: The Commission advises that this opinion applies
specifically to the facts as provided by the requester
and that should a coroner in another county have a situation
where the facts are different, this opinion would not
apply. The Commission also advises that to the extent
that this opinion is inconsistent with Opinion No. 99-04,
this opinion, No. 99-36, controls.
Opinion No. 99-47 - The Director
of Public Works for City of Eufaula may form a contracting
business, provided he not use or cause to be used equipment,
facilities, time, materials, human labor, or other public
property under his discretion or control to assist him
in either performing duties of his contracting business
or in obtaining customers for his contracting business.The
Director of Public Works may not, as a general contractor,
bid on construction projects with the city or any boards
or departments falling under the umbrella of the City
of Eufaula.
POLITICAL CONTRIBUTIONS
Opinion No. 99-39 - No public official, public employee,
or group of public officials or public employees may solicit
a lobbyist to contribute to a party caucus, political
action committee, non-profit foundation, charitable organization,
or any other group, entity, or organization, as the ethics
law prohibits the solicitation of any lobbyist to give
any thing of value whether or not the thing solicited
is a thing of value for any purpose other than a campaign
contribution.A member of the legislature may not solicit
a lobbyist to solicit contributions from other lobbyists,
nor may he or she solicit a third party to solicit contributions
from a lobbyist, as this would be a subterfuge of the
ethics law.
PURCHASE/SALE/REGULATION OF
PUBLIC OR PRIVATE PROPERTY
Opinion No. 98-09 - An employee with the Mobile
Historic Development Commission may purchase a lot from
the Mobile Housing Board, provided that:
- the lot has been properly advertised and the opportunity
to purchase is available to the general public
- no confidential information obtained in the course of
his employment with the Commission is used to assist the
employee in becoming the successful purchaser and
- the appraisal on the property has been done by an independent
appraiser with no connection to the city
Opinion No. 98-61 -
A contractor for the
Department of Corrections may purchase and donate a double-wide
mobile home to the Department to house work release inmates
at the contractor's chicken processing plant, provided
the offer is not conditioned on any official action on
the part of the Department of Corrections or any understanding
that more inmates will be provided to the contractor.
Opinion No. 99-08 - A parcel
of property co-owned by the mayor may be considered for
rezoning by the City Planning Commission, provided:
- all procedures outlined in the city's zoning ordinance
are strictly adhered to
- the mayor does not vote, attempt to influence, or otherwise
participate in the zoning decision and
- the mayor receives no special treatment from the Planning
Commission
THE "REVOLVING DOOR"
Most of the opinions listed under the FORMER/RETIRED EMPLOYEES
heading touch on some aspect of the "revolving door" provisions
of Alabama's Ethics law. Additionally, each of the opinions
listed below are decided, at least in part, on those Code
sections. See in particular, Opinion No. 98-35 and Reconsideration
of Opinion No. 98-44. You may also want to read the "In
Legal Terms" article in the November/December 1998 edition
of The County Commissioner.
Opinion No. 98-14
Opinion No. 98-08
Opinion No. 98-16
Opinion No. 98-19 - (see description under FORMER/RETIRED
EMPLOYEES)
Opinion No. 98-22
Opinion No. 98-35
Opinion No. 98-44
Opinion No. 98-44 - (see description under SERVICE ON
BOARDS/COMMISSIONS)
Opinion No. 98-50
Opinion No. 98-51
Opinion No. 98-53
Opinion No. 98-56
Opinion No. 98-57 - (see description under SERVICE ON
BOARDS/COMMISSIONS)
Opinion No. 98-59
Opinion No. 99-05 - (see description under FORMER/RETIRED
EMPLOYEES)
Opinion No. 99-24 - (see description under FUTURE EMPLOYMENT
OPPORTUNITIES)
Opinion No. 99-32 - A former
welfare program manager with Jefferson County DHR may
provide consultation services to social service agencies
under contract with the state as he had no involvement
in the contractual process; provided that he not use public
equipment, facilities, time, materials, human labor or
other public property under his discretion or control
to assist him in obtaining the opportunities or in conducting
the consulting services, but he may not represent social
services agencies before Jefferson County DHR for a period
of two years after his resignation.
Opinion No. 99-33 - Retired
deans of a community college may not accept part-time
employment with that college for a period of two years
after retirement or otherwise leaving public service,
as they held positions of authority at the community college.
Opinion No. 99-44 - A former
city engineer may not contract back with the city for
a period of two years after retirement or otherwise leaving
public service as he held a position of authority with
the city, in that he had the authority to make recommendations
regarding the hiring of personnel, and was personally
involved in the negotiation, design, review, study, and
approval of many significant projects.
Opinion No. 99-46 - The former
Commissioner of the Department of Insurance may not participate
in the representation of entities which he regulated while
Commissioner for a period of two years after leaving that
position, regardless of whether they were clients prior
to his becoming Commissioner of Insurance.
The law firm employing the former Commissioner may represent
clients before the Insurance Department, provided the
former Commissioner not participate in any matters relating
to the representation and that he not provide confidential
information to the other members of his law firm obtained
in the course of his service as Insurance Commissioner
in a manner that would assist the law firm in representing
the client or in obtaining the clients.The two year prohibition
applies solely to the former Commissioner and does not
apply to the other members of his law firm or the law
firm in general.
SEEKING PUBLIC OFFICE
Opinion No. 99-42 - An appointed appraiser may run for
a seat on the County Commission while holding the position
as appraiser; provided all campaign activities are conducted
on his own time and that he not use any public equipment,
facilities, time, materials, human labor, or other public
property under the discretion or control to assist him
in his campaign activities.
If elected to the County Commission, the appraiser may
not continue to hold the position of appraiser as he would
be in a position to influence any future contracts between
himself and the county, as well as the enforcement of
such contracts.
NOTE: This opinion only addresses the ethics law. There
are other provisions of law that should be considered
in regard to this set of facts.
SERVICE ON BOARDS/COMMISSIONS
Opinion No. 98-05 -
(1) A county commissioner may serve on
the Southwest Alabama Mental Health/Mental Retardation
Board, provided that:
- the position is non-compensated and there is no opportunity
for personal gain
- he did not vote, attempt to influence or in any manner
participate in his appointment
- he did not vote, attempt to influence or in any manner
participate in any budget appropriations made by the county
commission to the board (this would not apply if the county
commissioner was required by law to serve on the board)
(2) A county commissioner/board member may provide insurance
to the board through his employer, provided that:
- he not use his position as a county commissioner to
obtain the opportunity
- all future business between the insurance company and
the board be done by competitive bid
- he not vote, attempt to influence or otherwise participate
in any matters relating to the business dealings between
the insurance company and the board
- he not disclose any confidential information obtained
in the course of his service on the board which would
affect or provide a benefit to the insurance company by
which he is employed and
- he not communicate or otherwise involve himself in any
settlement or other matters that relate to a claim on
behalf of or againstthe board on a policy written through
his employer
Opinion No. 98-18 -
(1) The city clerk for the city of Montevallo may serve
as a member of the advisory board of a local bank, provided
he not recommend to the city that its funds be deposited
in the bank on whose board he serves or use his influence
to see that the funds are deposited in the bank on whose
board he serves.
(2) City funds may be deposited into a bank after the
city clerk begins service on the advisory board of the
bank, provided all funds deposited in the bank after his
service begins are done through competitive bid.
(3) City clerk may not use confidential information obtained
by virtue of his public position to aid the bank to be
the successful bidder.
(4) The city clerk may accept compensation for service
on the advisory board, provided all work associated with
the board is done on his own time and there is no use
of any public equipment, facilities, time, materials,
human labor, or other public property under his discretion
or control to assist him in performing the functions of
the advisory board.
Opinion No. 98-41 -
(1) An engineering firm associated with a member of the
Advisory Board of Conservation may obtain new business
with the Department of Conservation and Natural Resources
provided:
- all work is obtained through competitive bid
- the commission member not vote, attempt to influence,
or otherwise participate in any business dealings between
his firm and the Department
- no confidential information obtained in the course of
service as a member of the Advisory Board is used in any
manner that would provide a benefit to his firm
- the member not use his position to obtain further business
for his firm
- a copy of each contract, regardless of amount, is filed
with the Ethics Commission within 10 days after it is
entered into.
(2) An engineering firm that does business with the Department
of Conservation and Natural Resources may continue to
perform a contract after one of its members is appointed
to the Advisory Board of Conservation, provided the contract
is performed as originally written and there are no change
orders.
Opinion No. 98-43 -
(1) A member of the Alabama Real Estate Appraisers Board
may not resign his position on the board and accept employment
with the board, when he has discussed the position with
his fellow board members prior to his resignation.
(2) A member of the Alabama Real Estate Appraisers Board,
who is a public official and/or has the authority to negotiate
or approve contracts, may not, for a period of two years
after leaving service on the board enter into a contract
with the board.
Opinion No. 98-57 -
(1) A member of the Board of Directors of a gas district
and a disposal authority may resign from those boards
and apply for the positions of general manager of the
gas district and executive director of the disposal authority
after his resignation, provided:
- he had no part in the creation of the vacancies
- he did not resign with any advance understanding or
agreement that he would be hired to fill the vacancies
- he did not lobby board members for the position prior
to his resignation
(2) The Mayor of Ashland serving on these boards must
resign his position as mayor as well as member of these
boards prior to applying for the positions of general
manager of the gas district and executive director of
the disposal authority
(3) The former general manager of the gas district and
executive director of the disposal authority may not for
a period of two years after retiring from those positions
be hired as a consultant or as a part-time employee by
either entity.
Opinion No. 99-02 - See description
under FUTURE EMPLOYMENT OPPORTUNITIES
Opinion No. 99-13 - A member
of the Utilities Board of the City of Bay Minette, who
is also the sole owner of an automobile dealership, may
bid on cars and trucks purchased by the board for use
by its employees provided:- all business be competitively
bid and the bids be opened publicly- the member not participate
in the drawing of specifications, nor in the enforcement
of the contract- the member not vote, attempt to influence,
or otherwise participate in the decision- the member not
otherwise receive special treatment from the Utilities
Board and- copies of contracts entered into between the
dealership and the Utilities Board be filed with the Ethics
Commission within 10 days after the contracts have been
entered into (as required by Code of Alabama 1975,
§ 36-25-11).
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