OD~~.~

l / >. STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX 4840MONTGOMERY, AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104

MONTGOMERY, AL 36104COMMISSIONERS

J. Harold Sorrells, Chairman

Raymond L. Bell, Jr., Esq., Vice-ChairmanLinda L. Green

Nancy Edwards Eldridge

John H. Cooper, Esq.

James L. Sumner, Jr.Director

TELEPHONE (334) 242-2997

FAX (334) 242-0248WEB SITE www.ethics.alalinc.net

August 4, 2004

ADVISORY OPINION NO. 2004-13

Mr. Alan G. SmithTechnology CoordinatorCareer Technical Education

Jefferson County Board of Education1076 Saddle Creek Pkwy.Birmingham, Alabama 35242

Conflict Of Interest/Technology CoordinatorOf Career Technical Education With TheJefferson County Board Of EducationSelling Life Insurance And Other RelatedProducts To Board Of Education Employees

A Technology Coordinator of CareerTechnical Education with the JeffersonCounty Board of Education may sell lifeinsurance and other related products toemployees of the Jefferson County Board ofEducation; provided, that all work done inconjunction with his secondary employmentis done on his own time, whether after-hours, weekends, annual leave, etc.; and,that there is no use of Board of Educationequipment, facilities, time, materials, humanlabor or other Board of Education propertyunder his discretion or control to assist himin conducting his secondary employment orin obtaining business opportunities.

A Technology Coordinator of CareerTechnical Education with the JeffersonCounty Board of Education may sell life

Mr. Alan G. SmithAdvisory Opinion No. 2004-13Page two

insurance and related products to employeesof the Jefferson County Board of Education;provided, that he does not attempt to sellproducts to Board employees on Boardproperty, during Board work hours; that hedoes not solicit his subordinates to purchaselife insurance; that he does not solicitbusiness from individuals or companies withwhom he deals in his capacity asTechnology Coordinator of Career TechnicalEducation; and further, that he not allowemployees of the Board of Education todiscuss his products with him on Board ofEducation time in Board of Educationfacilities.

Dear Mr. Smith:

The Alabama Ethics Commission is in receipt of your request for an Advisory Opinion ofthis Commission, and this opinion is issued pursuant to that request.

QUESTION PRESENTED

May the Technology Coordinator of Career Technical Education with the JeffersonCounty Board of Education sell life insurance and other products to Jefferson County Board ofEducation employees at nights and on weekends?

FACTS AND ANALYSIS

The facts as have been presented to this Commission are as follows:

Alan G. Smith is the Technology Coordinator of Career Technical Education with theJefferson County Board of Education. His job duties include ordering new equipment, designingcomputer labs, helping maintain the equipment, and teaching the teachers new software and howto maintain their equipment.

He would like to sell life insurance and related products to Jefferson County Board ofEducation employees at nights and on weekends.

Mr. Alan G. Smith

Advisory Opinion No. 2004-13Page three

Mr. Smith has not started selling insurance yet; however, he would like to be able to sellto Board of Education employees, as well as other clients who are not affiliated with the Board ofEducation.

The Alabama Ethics Law, Code of Alabama. 1975, Section 36-25-1(23) defines a publicemployee as:

"(23) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities, including governmentalcorporations and authorities, but excluding employees of hospitals or other healthcare corporations including contract employees of those hospitals or other healthcare corporations, who is paid in whole or in part from state, county or municipalfunds. For purposes of this chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providingprofessional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

Section 36-25-1(8) defines a conflict of interest as:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public official orpublic employee between his or her private interests and the officialresponsibilities inherent in an office of public trust. A conflict of interest involvesany action, inaction, or decision by a public official or public employee inthe discharge of his or her official duties which would materially affect his or herfinancial interest or those of his or her family members or any business withwhich the person is associated in a manner different from the manner it affects theother members of the class to which he or she belongs."

Section 36-25-5(a) states:

"(a) No public official or public employee shall use or cause to be used his or herofficial position or office to obtain personal gain for himself or herself, or familymember of the public employee or family member of the public official, or anybusiness with which the person is associated unless the use and gain areotherwise specifically authorized by law. Personal gain is achieved when thepublic official, public employee, or a family member thereof receives, obtains,exerts control over, or otherwise converts to personal use the object constitutingsuch personal gain."

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Mr. Alan G. SmithAdvisory Opinion No. 2004-13Page four

Section 36-25-5( c) states:

"(c) No public official or public employee shall use or cause to be usedequipment, facilities, time, materials, human labor, or other public property underhis or her discretion or control for the private benefit or business benefit of thepublic official, public employee, any other person, or principal campaigncommittee as defined in Section 17-22A-2,which would materially affect his orher financial interest, except as otherwise provided by law or as provided pursuantto a lawful employment agreement regulated by agency policy."

Section 36-25-5( e) states:

"(e) No public official or public employee shall, other than in the ordinary courseof business, solicit a thing of value from a subordinate or person or business withwhom he or she directly inspects, regulates, or supervises in his or her officialcapacity."

Section 36-25-2(b) in pertinent part states:

"An essential principle underlying the staffing of our governmental structure isthat its public officials and public employees should not be denied theopportunity, available to all other citizens, to acquire and retain private economicand other interests, except where conflicts with the responsibility of publicofficials and public employees to the public cannot be avoided."

The Ethics Law allows public officials and public employees to have outside businessinterests and opportunities so long as a conflict of interest does not exist; and further provided,that they do not use their public positions in a manner that would benefit their outside businessinterests.

In the facts before the Commission, while it would not violate the Ethics Law for Mr.Smith to sell life insurance to Board of Education employees under specific guidelines, he mustbe very careful to not cross the line and allow his life insurance business to intrude upon his jobresponsibilities with the Board of Education. This would include allowing Board of Educationemployees to approach him during working hours regarding his outside employment.

Based on the facts as provided and the above law, a Technology Coordinator of CareerTechnical Education with the Jefferson County Board of Education may sell life insurance andother related products to employees of the Jefferson County Board of Education; provided, thatall work done in conjunction with his secondary employment is done on his own time, whether

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Mr. Alan G. SmithAdvisory Opinion No. 2004-13Page five

after-hours, weekends, annual leave, etc.; and, that there is no use of Board of Educationequipment, facilities, time, materials, human labor or other Board of Education property underhis discretion or control to assist him in conducting his secondary employment or in obtainingbusiness opportunities.

Further, a Technology Coordinator of Career Technical Education with the JeffersonCounty Board of Education may sell life insurance and related products to employees oftheJefferson County Board of Education; provided, that he does not attempt to sell products toBoard employees on Board property, during Board work hours; that he does not solicit hissubordinates to purchase life insurance; that he does not solicit business from individuals orcompanies with whom he deals in his capacity as Technology Coordinator of Career TechnicalEducation; and further, that he not allow employees of the Board of Education to discuss hisproducts with him on Board of Education time in Board of Education facilities.

CONCLUSION

A Technology Coordinator of Career Technical Education with the Jefferson CountyBoard of Education may sell life insurance and other related products to employees of theJefferson County Board of Education; provided, that all work done in conjunction with hissecondary employment is done on his own time, whether after-hours, weekends, annual leave,etc.; and, that there is no use of Board of Education equipment, facilities, time, materials, humanlabor or other Board of Education property under his discretion or control to assist him inconducting his secondary employment or in obtaining business opportunities.

A Technology Coordinator of Career Technical Education with the Jefferson CountyBoard of Education may sell life insurance and related products to employees of the JeffersonCounty Board of Education; provided, that he does not attempt to sell products to Boardemployees on Board property, during Board work hours; that he does not solicit his subordinatesto purchase life insurance; that he does not solicit business from individuals or companies withwhom he deals in his capacity as Technology Coordinator of Career Technical Education; andfurther, that he not allow employees of the Board of Education to discuss his products with himon Board of Education time in Board of Education facilities.

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Mr. Alan G. SmithAdvisory Opinion No. 2004-13Page six

AUTHORITY

By 5-0 vote of the Alabama Ethics Commission on August 4,2004.

. Harold SorrellsChairAlabama Ethics Commission