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]