96-004-E     lA. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may not receive a Home Fund grant loan from the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority if the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership. Such a material financial interest results in a violation of Code Section 25-4-105(3)(a).

lB. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority but should be cautious if the for-profit partnership has a loan from the municipality and the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership as this results in a violation of Code Section 25-4-105 (3)(a).

Also, cautioned regarding Constitutional Section 109 and Code Section 25-4-105(1), (2) and (5). Also, See Advisory Opinion No. 95-153-E.

2. A for-profit partnership controlled by a corporation solely owned by a county supervisor may receive a loan from a public body corporation to fund a multi-family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions.

Also, See Advisory Opinion No. 95-152-E.

3. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in a municipality other than the one employing the corporation's chief executive officer as the executive director of a municipal housing authority.

Also, See Advisory Opinion No. 95-151-E.

4. The executive director of the housing authority, on behalf of the corporation, may serve as the manage of the multi-family housing facilities in the above Issues. Cautioned regarding Code Section 25-4-105(1) in Issue 1 if the housing authority provides rent subsidies to the occupants. [5, 7, 9, 14, 22, 25, B, I]

96-018-E     A county may purchase supplies and commodities from a company owned by a county supervisor's brother. Cautioned regarding 25-4-101. [14, 31]

96-025-E     1. An attorney for the county board of supervisors may represent criminal defendants before the county's courts but may not serve as part-time public defender or as an indigent's counsel as it would violate §25-4-105(3)(a) unless the exception in §25-4-105(4)(b) applies.

2. An attorney for the county board of supervisors and members of the county board of supervisors may serve as members of their regional planning and development district. [1, 14, 19, 28]

96-026-E     A county board of supervisors may not accept a bid to keep certificates of deposit on the county's port funds when a member of the county port commission is chairman of the board and president of the bank as it would violate §25-4-105(3)(a) unless the exceptions in §25-4-105 (4)(a)(b) apply. [2, 9, 14]

96-031-E     A county may contract with a health insurance company for group health insurance when one of the supervisor is an authorized agent for the health insurance company if the supervisor does not have a direct or indirect interest in the contract and does not have a material financial interest in the health insurance company. Cautioned regarding §25-4-101 and §25-4-105(1). [14]

96-039-E     1. A county supervisor employed by a corporation within one year of the end of the supervisor's term of office is in violation of Constitutional Section 109 and §25-4- 105(2) if the corporation has existing contracts with the county or contracts with the county during the one year following the end of the supervisor's term of office.

2. A corporation solely owned by four stockholders of the corporation employing the supervisor within one year of the end of the supervisor's term of office may contract with the county if the corporation employing the supervisor is not its subcontractor or the corporation employing the supervisor is not providing materials to the corporation that can reasonably be expected to become a part of the contract with the county.

3. A supervisor's county may do business with the supervisor's brother's company as a brother is not a relative under the conflict of interest laws' definition set forth in §25-4-103(q). Cautioned regarding §25-4-101. [14,31]

96-039-ER     1. A company may employ a former supervisor within one year of his term even though a company with the same owners and address contracts with the county provided the former supervisor has no other direct or indirect interest in the company contracting with the county.

2. A company that employed a former supervisor within one year of his term may be paid by the county for past due invoices if the former supervisor severs his employment with the company. [9, 14]

96-040-E     A county depository's distribution of county funds to a bank employing the spouse of one of the county's supervisors will result in the supervisor being in violation of Constitutional Section 109 and §25-4-105(2) if the county depository has an expressed or implied understanding with the county to share the funds with the spouse's bank. Cautioned regarding §25-4-105(1). [2, 14, A]

96-047-E     A county may employ the son of a county supervisor as a road department employee if the county is operating under a county-wide system of road administration if the son is totally and completely financially independent for the supervisor. Cautioned regarding §25-4-101 and §25-4-105(1) and(s). [9, 11, 14, 31]

96-049-E     A person appointed to fill only an interim term on the county board of supervisors:

1. may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over within one year thereafter as to do so would violate Constitutional Section 109 and Code Section 25-4-105(2).

2 may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over even though he abstained from any vote concerning the budget of the county. [9, 11, 14]

96-052-E     A county may employ the son of a county supervisor as a road department employee if the county is operating under a county-wide system of road administration if the son is totally and completely financially independent for the supervisor. Cautioned regarding §25-4-101 and §25-4-105(1) and(S). [9, 11, 14,31]

96-055-E     A law firm that serves as the regular attorneys for the county board of supervisors may serve as bond counsel if provided for in their contract as the regular attorneys but may not have a separate contract to provide bond counsel services as it would violate §25-4-105(3)(a). [1,4,11,14]

96-060-E     A county supervisor at the end of his term of office may be employed by a community college funded by his county provided that the funding authority did not give the board of supervisors any discretionary authority to set the funding amount but instead give the authority to determine the amount of the funding to the board of trustees of the community college. [14, 18]

96-063-E     A teacher elected as a county board of supervisors' member may leave his assigned duties as a teacher to attend the board of supervisors' meeting only if the school district has a policy and procedure that applies equally to all teachers in regard to their being allowed to leave their assigned duties. Cautioned regarding §25-4-101 and §25- 4-105(1). [14, 20]

96-066-E     A retail awards company solely owned by a county supervisor may sell trophies and other award items to the county school district. Cautioned regarding §25-4-105(1). [14, 20]

96-069-E     A county board of supervisors may employ the child of the county's justice court clerk as a part time deputy justice court clerk. Cautioned regarding §25-4-101 and §25-4-105(1) and (5). [11, 14, 29, 31]

96-080-E     A board of supervisors' leasing of office space for the district attorney from the district attorney's father is not prohibited. Cautioned regarding §25-4-101 and §25- 4-105(1). [1, 14, 31]

96-092-E     The conflict of interest laws do not prohibit a county supervisor from donating his services to the county. Cautioned regarding Constitutional Section 109, §25-4-105(2) and §25-4-101. [14]

96-097-E     Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor's pharmacy from providing medication to the community hospital owned by the county he serves. [14, 24]

96-105-E     §25-4-105(3)(a) prohibits a county tax assessor/collector from serving as a waste management manger/consultant to the board of supervisors of the county which he was elected to serve as tax assessor/collector. [11, 14, 15]

96-110-E     Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor from serving as the city manager for a municipality that has existing interlocal agreements with the county under which the municipality pays the county to provide police, fire, street, drainage and recreation services. Cautioned regarding §25-4-101. [7, 14]

96-120-E     A business co-owned by a county supervisor selling to an industry located in the county's industrial park is not as such a violation of the conflict of interest laws if no contract has been authorized by the board of supervisors during the supervisor's term or for one year thereafter. Cautioned regarding Constitutional Section 109, §25-4-105(1) and (2), and §25-4-101. [14, K]

96-127-E     1. The conflict of interest laws do not prohibit a county supervisor from accepting discounts from suppliers, builders and developers who do not provide supplies or perform work for the county or receive any type of approval from the board of supervisors.

2. The conflict of interest laws do not prohibit a county supervisor from personally contracting with electricians, plumbers and air-condition installers licensed by the county.

3. The conflict of interest laws do not as such prohibit a county supervisor from personally employing an engineer that may appear before the board of supervisors in support of a subdivision approval.

4. The conflict of interest laws do not as such prohibit a county supervisor from accepting builders' discounts from a developer that may appear before the board of supervisors for approval of a subdivision.

Cautioned regarding §25-4-105(1) and §25-4-101. [14]

96-128-E     1. The conflict of interest laws do not as such prohibit a county supervisor's business, including a publishing company, from using a bank that is also serving as a county depository.

2. If the county board of supervisors authorizes funds appropriated to the county economic council, then the supervisor would have a prohibited interest in the economic council's contract with his publishing company in violation of the above cited Constitutional Section 109 and Code Section 25-4-105(2).

3. The conflict of interest laws do not as such prohibit a county supervisor's business, including a publishing company, from accepting contracts, including advertising contracts, with commercial land developers.

4. The conflict of interest laws do not as such prohibit a county supervisor's business, including a publishing company, from accepting contracts, including advertising contracts, with an architecture firm that has contracted with another authority of the county government such as the county's civic center commission.

5. The conflict of interest laws do not as such prohibit a county supervisor's business, including a publishing company, from allowing a financial consultant to write a monthly column for the company, at no cost to the company, even though the financial consultant has in the past contracted with the county on bond issues and most likely will in the future.

6. The county supervisor will be responsible and liable for any illegal contract entered into by his publishing company even if the contracts were through his agents.

Cautioned regarding §25-4-105(1) and (3)(d) and §25-4-101. [2, 4, 14, K]

96-133-E     A county supervisor who is simultaneously a home builder/developer is not as such prohibited by the conflict of interest laws from voting on proposed changes to the county's comprehensive plan. Cautioned regarding Constitutional Section 109 and §25-4-105(1), (2), (3)(a)(d) and (5). [14]

96-135-E     The conflict of interest laws do not prohibit a secretary to the board of supervisors from serving as a county election commissioner as the county board of supervisors and the county election commission or separate authorities and the exception found in Code Section 25-4-105(4)(h)) applies. However, there may be problems under the election laws so the requestor was referred to the Attorney General. Cautioned regarding §25-4-105(1) and §25-4-101. [11, 14, 21]

96-137-E     An attorney or a law firm that serves as the regular attorney[s] for the county board of supervisors may serve as bond counsel if provided for in their contract as the regular attorneys but may not have a separate contract to provide bond counsel services as it would violate §25-4-105(3)(a). A board attorney may be present when the board of supervisors considers the appointrnent of outside counsel if requested to be present by the board. Cautioned regarding §25-4-105(1). [1, 4, 11, 14]

96-150-E     The conflict of interests laws do not as such prohibit a county school board member from simultaneously serving as a county literacy coordinator for a nonprofit corporation and as a director operating a day care center for the nonprofit corporation if no contracts or funding exists between the nonprofit corporation and the school district. Further, the conflict of interest laws do not prohibit the nonprofit corporation employing the school board member from using a building furnished by the county board of supervisors since the county is a separate governmental entity from the county school district. Cautioned regarding Constitutional Section 109, §25-4-105(1), (2) and (3)(d) and §25-4-101. [14, 20, I]