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

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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