STATE OF ALABAMA ETHICS COMMISSION

STATE OF ALABAMA

ETHICS COMMISSION

H. Dean Buttram, Jr., Esq. Chairman James T. Pursell, Vice-Chairman Henry B. Gray III Camille S. Butrus Helen Shores Lee, Esq.

Bravell Jackson Superintendent-Elect Marion County Schools Post Office Box 189 Hamilton, Alabama 35570

MAILING ADDRESS

P.O. BOX 4840 MONTGOMERY, AL

36103-4840

STREET ADDRESS

RSA UNION 100 NORTH UNION STREET

SUITE 104 MONTGOMERY, AL 36104

E. J. (Mac) McArthur Director

August 23, 1996

TELEPHONE (334) 242-2997 FAX (334) 242-0248

ADVISORY OPINION NO. 96-84

Conflict Of Interests/ Superintendent Of Education Serving On Board Of Directors Of Local Bank When The

Board Of Education's Money Is Deposited In That Bank.

The Superintendent of Education who serves on the Board of Directors

of a local bank may not recommend to the board that Board of Education

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

The Superintendent of Education who serves on the Board of Directors

of a local bank may not use confidential information obtained by virtue of his public position as Superintendent of Education to aid the bank on whose board he serves to be the successful bidder.

A bank on whose Board of Directors

the County Superintendent of Education serves may accept County School Board funds for deposit if the funds are deposited based on competitive bid.

Bravell Jackson Advisory Opinion No. 96-84 Page two

Dear Mr. Jackson:

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

QUESTION PRESENTED

Mayan elected Superintendent of Education serve on the Board of Directors of a local bank and the Board of Education's money be deposited in that bank?

FACTS AND ANALYSIS

Bravell Jackson, Superintendent-Elect for the Marion School System, presently serves on the Board of Directors of a local bank, and as Superintendent of Education, it will be his responsibility to recommend to the board where to deposit school board's funds.

There are four banks in Hamilton, Alabama where the board sits and, at present, no funds are deposited in the bank on whose board Mr. Jackson serves.

The Alabama Ethics Law, Code of Alabama, 1975, Section 36-25-1(2) states:

"(2)BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business oJwhich the person or a member oj his or herJamily is an officer, owner, partner, board oj director member, employee, or holder oj more thanfive percent oj theJair market value oj the business. "

Section 36-25-1(8) states:

"(8) CONFLICT OF INTEREST. A conflict on thepart oj apublic official or public employee between his or her private interests and the official responsibilities inherent in an office oj public trust. A conflict oj interest involves any action, inaction, or decision by a public official or public employee in the discharge oj his or her official duties which would materially affect his or herfinancial interest or those oj his or herJamily members or any business with which theperson is associated in a manner differentJrom the manner it affects the other members oj the class to which he or she belongs. "

Bravell Jackson Advisory Opinion No. 96-84 Page three

Section 36-25-1(25) states:

"(25) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of thepeople at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice-chairs or the equivalent offices of each state political party as defined in Section 17-16-2."

Section 36-25-5(a) states:

"(a)No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, orfamily member of the public employee orfamily member of thepublic official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when thepublic official,public employee, or afamily member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain. "

Section 36-25-11 states:

"Unless exempt pursuant to Alabama competitive bid laws or otherwise permitted by law, no public official or public employee, or a member of the household of thepublic employee or thepublic official, and no business with which theperson is associated shall enter into any contract to provide goods or services which is to be paid in whole or in part out of state, county, or municipalfunds unless the contract has been awarded through a process of competitive bidding and a copy of the contract isfiled with the commission. All such contract awards shall be made as a result of original bid takings, and no awardsfrom negotiations after bidding shall be allowed. A copy of each contract, regardless of the amount, entered into by a public official, public employee, a member of the household of thepublic employee or thepublic official, and any business with which the person is associated shall befiled with the commission within 10 days after the contract has been entered into. "

There is an inherent conflict of interests for an elected Superintendent of a County School System to recommend that the school system deposit funds in a bank on whose Board of Directors he serves.

Bravell Jackson Advisory Opinion No. 96-84 Page four

A bank on whose Board of Directors the County Superintendent of Education serves may accept County School Board funds for deposit if the funds are deposited based on competitive bid.

CONCLUSION

The Superintendent of Education who serves on the Board of Directors of a local bank may not recommend to the board that Board of Education 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.

The Superintendent of Education who serves on the Board of Directors of a local bank may not use confidential information obtained by virtue of his public position as Superintendent of Education to aid the bank on whose board he serves to be the successful bidder.

A bank on whose Board of Directors the County Superintendent of Education serves may accept County School Board funds for deposit if the funds are deposited based on competitive bid.

AUTHORITY

By 4 - 0 vote of the Alabama Ethics Commission on August 23, 1996.

H. Jlean Buttram, Jr. Ch!ir Alabama Ethics Commission

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