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]

96-006-E     A county owned community hospital may appropriate funds to a non-profit foundation established to fund academic projects within the municipal public school system when three member of the hospital board of trustees are also on the board of the non-profit foundation without violating the conflict of interest laws if the hospital trustees are not compensated for serving on the non-profit foundation board and if they recuse themselves from the hospital board's vote on the matter. [20, 24, I]

96-012-E     A community college foundation that is controlled by a community college board of trustees may allow certificates of deposit to mature and retain bank stock with the bank of a new appointee to the board of trustees since both contracts were prior to his term of office. Cautioned regarding Constitutional Section 109 and Code Section 25-4-105(2). [2, 18, I]

96-024-E     County community hospital trustees' may not promote and encourage other trustees to vote for a donation to a non-profit foundation they are officers and members of if the non-profit foundation is a "business with which they are associated" as it would violate §25-4-105(1). [20, 24, I]

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]

96-041-E     An individual who is a salaried employee of a 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]

96-059-E     1. The administrators or chief executive officers of public community hospitals may accept appointments and serve on the board of directors or as officers of a non-profit corporation established as a rural health network by their respective public community hospitals provided the network does not compensate them.

2. Administrative employees of public community hospitals, but not the administrator or chief executive officer, may accept appointments and serve on the board of directors or as officers of a managed care organization, or other affiliated corporations, established by a rural health network that was itself established by their respective public community hospitals provided the managed care organizations or other corporations do not compensate them.

3. The boards of trustees of public community hospitals may contract with managed care organizations, or other affiliated corporations, that have the hospitals' administrative employees serving as directors and officers and that were established by a rural health network that was itself established by these same hospitals, provided the managed care organizations or other corporations do not compensate the hospitals' administrative employees.

Cautioned regarding Constitutional Section 109 and §25-4-105(1), (2), (3)(a) and (5). [24, I]

96-077-E     An individual may serve on a regional housing authority board while simultaneously being employed as the executive director of a non-profit corporation that develops low cost housing, as long as, the non-profit corporation is not funded by or contracting with the regional housing authority. Cautioned regarding Constitutional Section 109 and §25-4-105(1), (2), (3)(a) and (5). [25, I]

96-078-E     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]

96-117-E     An economic development authority/association is a quasi-govermental entity and the elected officials serving on its board when their respective governmental entities are funding it does not as such violate the conflict of interest laws. Cautioned regarding Constitutional Section 109, §25-4-105(1) and (2) and §25-4-101. [6, I, K]

96-123-E     Constitutional Section 109 and §25-4-105(2) effectively prohibit a city's collection of fees for and on behalf of a rural volunteer fire department under an implied contract with the city when the chief of the volunteer fire department is also an alderman for the city. [6, I]

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 non-profit corporation and as a director operating a day care center for the non-profit corporation if no contracts or funding exists between the non-profit corporation and the school district Further, the conflict of interest laws do not prohibit the non-profit 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]