1996 INDEX
MISCELLANEOUS DISTRICTS
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]
96-041-E
An individual who is a salaried employee of an non-profit counseling center
established by a community hospital that receives referrals from inpatient
services from a regional mental health commission may accept an appointment
to the regional mental health commission. Cautioned regarding Constitutional
Section 109 and §25-4-105(1), (2), (3)(d) and (5). [19, 24, I]
96-054-E
A board member of a water and sewer district may simultaneously serve as
a board member of a property owners' association that is the district's
largest customer as long as there are no contracts between them that would
violate Constitutional Section 109 and §25-4-105(2). Cautioned regarding
§25-4-101 and §25-4-105(1) and (5). [19, I]
96-057-E
An individual operating an auto parts business may apply for and receive
a loan from a planning and development district when the individual's spouse's
half brother serves on the district's board of directors. [19, 31]
96-073-E
A county economic development district may purchase printing services from
a printing business owned by one of its board members' brother. Cautioned
regarding §25-4-101. [9, 19,31]
96-087-E
§25-4-105(3)(a) prohibits a county's duel employment of an individual
as a county requisition clerk and as a county veteran's officer. However,
the individual's service as the uncompensated human resource agency director
and as a member of a regional solid waste authority is not prohibited.
Cautioned regarding §25-4-101. [11, 19]
96-096-E
The conflict of interest laws do not as such prohibit a former Department
of Human Services employee from being employed by a planning and development
district as a local county level case manager. Cautioned regarding §25-4-105(3)(e).
[19, B, E]
96-144-E
A mental health-mental retardation commission may employ the financially
independent daughter-in-law of one of its commission members provided the
member properly recuses himself. Cautioned regarding Constitutional Section
109, §25-4- 105(1) and (2) and §25-4-101. [19, 31]
96-145-E
A member of a law firm or the law firm is not as such prohibited from simultaneously
serving as counsel to a municipal joint action agency and to municipalities
or municipal utility commissions contracting with the municipal joint action
agency. Cautioned regarding §25-4-101 and §25-4-105(1) and (5).
[1, 5, 19]
96-151-E
The simultaneous employment of an individual by the county board of supervisors
as a part-time deputy justice court clerk and as a receiving clerk as anticipated
and authorized in Code Section 31-7-118 does not as such violate the conflict
of interest laws. Further, a part-time deputy justice court clerk may be
employed as a part-time E-911 commission clerk as the two part-time positions
are in separate authorities of the county government. Cautioned regarding
§25-4-101. [11, 19, 29]