1996 INDEX
RELATIVES - OTHER
96-005-E
A county may contract with the brother of the county's elected coroner
to transport bodies for autopsies. [9, 10, 11, 31]
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]
96-020-E
A municipality may employ the son of one of its aldermen if the son is
totally and completely financially independent from the alderman. Cautioned
regarding Constitutional Section 109 and Code Section 25-4-105(1) and (2).
[6, 31]
96-028-E
An individual appointed by the city council to the city school board whose
daughter is employed by the school district when the daughter and her child
live in the individual's household results in a violation of Constitutional
Section 109 and §25-4-105(2). [6, 20, 31]
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 stock holders
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]
96-047-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 (5). [9, 11, 14,31]
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]
96-057-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]
96-069-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]
96-073-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]
96-080-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]
96-081-E
A school board may employee the sons of one of its members as an architect
and as an attorney if they are financially independent from the father.
Cautioned regarding §25-4-101 and §25-4-105(1). [1,20, 31]
96-084-E
1. Constitutional Section 109 and §25-4-105(2) prohibit an alderman
from providing services to his or her municipality and being compensated
for the services.
2. A police officer's father's wrecker service
contracting with the police officer's municipality is prohibited if the
police officer uses his position to obtain the municipality's business
for his father's wrecker service and/or has a material financial interest
in the wrecker service. Violations of §25-4-105(1) and (3)(a). Cautioned
regarding §25-4-101. [6, 7,31]
96-089-E
Constitutional Section 109 and §25-4-105(2) prohibit a municipality
from employing its alderman's son as a police officer when the son resides
with the alderman. [6, 7, 31]
96-095-E
Constitutional Section 109 and §25-4-105(2) prohibit a municipal park
and recreation commission from contracting with or employing its members,
its members' spouses and its members' financially dependent children or
parents. Cautioned regarding §25-4-101 and §25-4-105(1). [5,
7, 31, A]
96-100-E
Constitutional Section 109 and §25-4-105(2) prohibit a municipal park
commission from employing its members, interim members, its members' spouses
and its members' financially dependent children and parents. The municipal
park commission would not be prohibited from employing municipal employees
from other authorities of the municipal governmental entity as allowed
by §25-4-105(4)(h). Cautioned regarding §25-4-101. [5, 7, 31,
A]
96-104-E
§25-4-105(1) prohibits the chair of a university department from using
his public position to obtain a graduate assistantship for his son within
his department. Cautioned regarding §25-4-101. [31, G]
96-126-E
A brother of an alderman may perform contract work for the city where his
brother serves as an alderman. Cautioned §25-4-101. [6,31]
96-132-E
1. §25-4-105(3)(a) prohibits the assistant district attorney leasing
office space to the district attorney's office.
2. §25-4-105(1) prohibits the assistant
district attorney from deeding his property to his father for the purpose
of allowing the property to be leased by the district attorney's office.
[1,31]
96-134-E
Constitutional Section 109 and §25-4-105(2) and (3)(a) prohibit a
hardware store managed by an alderman and owned by the alderman's father
from doing business with the alderman's city. [6, 31]
96-138-E
An alderman's father may sell land to the city when the alderman is employed
by a corporation owned solely by the alderman's father and mother. This
is with the understanding that the corporation has no interest in the land
and will not benefit from the land and the alderman properly recuses himself
Cautioned regarding Constitutional Section 109 and §25-4-105(1) and
(2). [6, 31]
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]