1996 INDEX
CITY - BOARD
96-001-E     An alderman may vote on the issuance of building permits and the amount to be charged for building permits when the alderman and/or his professional association has builders and developers as clients. Cautioned regarding 25-4-101 and 25-4-105(1). [6]
96-008-E     A legal secretary for the municipal board attorney may not remain in that employment positions if she is elected to the board of aldermen because there would be a violation Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a). [1, 6, 7]
96-009-E     An alderman may be employed as the county fire coordinator if there are no contracts existing between the municipality and the county that would cause the alderman to violate Constitutional Section 109 and Code Section 25-4-105(2) as a compensated county employee. Cautioned regarding 25-4-105(1). [6, 11]
96-016-E     An alderman may not be employed as the compensated county fire coordinator if there are contracts existing between the municipality and the county, especially a fire protection contract, that would cause the alderman to violate Constitutional Section 109 and Code Section 25-4-105(2) as a compensated county employee. [6, 11]
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]
96-022-E     An alderman may not use his personal dump truck to haul materials for a contractor with the alderman's municipality as it would violate Constitutional Section 109, and §25-4-105(2) and (3)(a). [6]
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]
96-034-E     An alderman may contract with the municipality's housing authority if the municipality is not providing funds or authorizing the contracts and the exceptions found in §25-4-105 (4)(b)(c) are followed. [6, 25]
96-071-E     An alderman may be employed as a principal of the school district for the municipality he was elected to serve although he voted to appoint or reappoint three of the current trustees of the school district. Cautioned regarding §25-4-101 and §25-4-105(1). [6, 20]
96-082-E     Constitutional Section 109 and §25-4-105(2) prohibit an alderman from having an interest, through a building lease, in an engineering firm that contracts with the municipality. [6]
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 §254-105(2) prohibit a municipality from employing its alderman's son as a police officer when the son resides with the alderman. [6, 7, 31]
96-090-E     §25-4-105(2) and (3)(a) prohibits an employee of a cable television company from serving as an alderman for the municipality when the cable television company has a nonexclusive franchise agreement with the municipality. [6, M]
96-113-E     Constitutional Section 109 and §25-4-105(2) prohibit an alderman from receiving funds from a grant as the grant's final approval will be authorized by the governmental board of which the alderman is a member. [6, 22]
96-117-E     An economic development authority/association is a quasi -governmental 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]
96-119-E     An engineering firm may contract with a municipality as long as the municipality's alderman has fully and completely divested himself of any interest in the property being leased by the engineering firm as the alderman would no longer have a prohibited interest in the contract. Cautioned regarding Constitutional Section 109 and §25-4-105(2). [6]
96-122-E     Constitutional Section 109 and §25-4-105(2) and (3)(a) prohibit businesses owned by a mayor or city board members from doing business with the city during their terms and for one year thereafter. Also, §25-4-105(3)(a) prohibits other city elected officials' businesses from doing business with the city during their terms. [6, 7, 8]
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]
96-126-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]
96-129-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]
96-134-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]
96-142-E     A municipal board member may tape record the police chief's report on the police department's activities that the chief gives during a public meeting of the municipal governing authority. [6, 7]
96-146-E     An individual currently serving in the position of county patrolman may simultaneously serve as an alderman/councilman of a municipality within the county which the patrolman serves. This is providing there are no contracts existing between the county and city in which the alderman/councilman would have a private pecuniary interest or an inherent interest. Cautioned regarding Constitutional Section 109, §25- 4-105(1) and (2) and §25-4-101. [6,11]
96-148-E     An alderman may simultaneously be employed as a deputy medical examiner investigator/coroner for the county in which the municipality the alderman serves is located. This is providing there are no contracts existing between the county and municipality in which the alderman would have a private pecuniary interest or an inherent interest. Cautioned regarding Constitutional Section 109, §25-4-105(1) and (2) and §25-4-101. [6,10,11]