96-002-E A civil service commissioner is not prohibited from serving on the civil service commission because he represented a current client before the civil service commission prior to his appointment. Cautioned regarding 25-4-105 (1), (3)(d) and (5). [1, 5, 7]
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]
96-011-E An uncompensated volunteer fire fighter may not sell fire-fighting equipment to a municipal owned fire department which he serves as a volunteer. Violates Code Section 25-4-105(3)(a). [5, 7]
96-014-E An employee of a municipality's airport authority may simultaneously serve as the chairman of the municipality's planning committee because the airport authority is a separate authority of the municipality. See 25-4-105(4)(h). Cautioned regarding 25- 4-105(1) and (5). [5, 7]
96-043-E A municipality's mayor's wrecker service may respond to request from the municipality to provide wrecker services when all wrecker charges are paid by the vehicle owner and not the municipality. Cautioned regarding Section 25-4-101 and 25-4-105(1) and (5). [5,8]
96-044-E 25-4-105(3)(a) prohibits a municipality from contracting with its employee, either as an independent contractor or in another distinct employment position, but the municipality may assign employees appropriate duties of their employment position for any department of the municipality. [5, 7]
96-051-E The spouse of a municipal law enforcement officer can write bail bonds in the officer's municipality as a bail bond agent for a company the spouse it not a owner or officer.
The spouse can not write bail bonds in the officer's municipality if the officer or the spouse own the bail bond company.
A law enforcement officer's spouse may write bail bonds for other bonding companies.
The spouse of a law enforcement officer may write bail bonds for the release of defendants in the custody of a law enforcement entity other than the one employing the law enforcement officer. [3, 5, 7, A]
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]
96-106-E §25-4-105(3)(a) prohibits a city council from contracting with an investment firm which employs one of the city's park commissioners unless the city council lets the contract to the investment firm as the lowest and best bidder after competitive bidding and three or more legitimate bids are received as allowed by §25-4-105(4)(b,). Cautioned regarding §25-4-105(1) and §25-4-101. [5, 7]
96-111-E A municipal fire department captain may operate a business to service and sell fire extinguishers and employ a municipal fireman to work with him in this business when the fireman is not on duty. Cautioned regarding §25-4-101 and §25-4-105(1) and (3)(a). [5, 7]
96-118-E A legislator's company may make sales directly to local governments and/or contractors of local governments provided the funds were not appropriated by the Legislature during the member's term or for one year thereafter and no general legislation giving the local governments authority to enter into the contracts was passed by the Legislature during the member's term or for one year thereafter. Cautioned regarding Constitutional Section 109 and §25-4-105(1) and (2). [5, 9, F]
96-129-E 1. A fire chief is an agent of the city when authorized to expend funds from the city's budget and therefore cannot be an employee of an auto parts store that is a vendor with the city. Prohibited by §25-4-105(3)(a).
2. Constitutional Section 109 and §25-4-105(2) prohibit an alderman from being compensated by the city as a volunteer fire fighter. Aldermen serving as an uncompensated volunteer fire fighter must recuse themselves from actions concerning the volunteer fire department. Cautioned regarding §25-4-105(1) and §25-4-101. [5, 6, 7]
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]