96-004-E     1A. 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]

96-029-E     A former legislator can not be employed by a construction firm if the construction firm's state contracts were funded during the legislator's term or for one year thereafter as it would violate Constitutional Section 109 and §25-4-105(2). Cautioned regarding §25-4-105(3)(e) and (5). [B, F, L]

96-037-E     A state commission:

1. may not award contracts or grants to organizations or companies that its formal board members are employees, officers or owners of as it violates Constitutional Section 109 and §25-4-105(2).

2. may advocate legislation that would equally affect, both theoretically and practically, everyone within its formal board members' industry.

The state commission's standing committees' members are not public servants under the conflict of interest laws when they have no legal standing, their service is strictly voluntary and they only serve in an advisory capacity. [22, B]

96-038-E     An employee of a non-profit consortium contracting with a state agency to implement a state-wide computerized system is not a public servant under the conflict of interest laws when the non-profit consortium was not given the authority to act for or in the place of the state agency. [B, F, I]

96-058-E     A legislator may not be employed by a private company that sells health care equipment to individuals in their homes when approximately 10% of the company's sales are from Medicaid as to do so would violate Constitutional Section 109 and §25-4-105(2). [B,F]

96-072-E     A university employee may serve on a state commission which is
awarding grants to a research facility that is provided administrative services
by the university. Cautioned regarding Constitutional Section 109, §25-4-
105(2) and (5) and §25-4-101. [22, B, G]

96-078-F     The president of a non-profit corporation may serve on a state commission that provides funding to the non-profit corporation when the non-profit corporation's purpose is quasi-governmental in nature. Cautioned regarding Constitutional Section 109 and §25-4-105(2) and (3)(a). [B, I]

96-083-F     1. A legislator's engineering firm's contract with a county through a joint venture is not prohibited if the state funds granted to the contract were appropriated by the Legislature prior to the beginning of the legislator's term.

2. A legislator does have a prohibited interest, under Constitutional Section 109 and §25-4-105(2), in any of his engineering firm's existing contracts should any state funds granted to those projects be appropriated or reappropriated by the Legislature during the legislator's term, or within one year after the expiration of his term. [9, 22, B, F]

96-096-F     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]

96-099-F     Constitutional Section 109 and §25-4-105(2) prohibit the law firm of a former state agency board member from being bond counsel on a bond issue that includes the state agency's project(s) within one (1) year of the end of the former member's term. [1, 4, B]

96-140-F     A director of the information management division of a state agency may own and operate a company that provides computer consulting services to private individuals, firms, political candidates and elected officials provided the director complies with the agency's personnel policies and procedures. Cautioned regarding §25-4-101 and §25-4-105(1) and (5). [B, E]