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]
96-008-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]
96-011-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]
96-017-E A county deputy sheriff may be appointed town marshal of a municipality located within the county employing the deputy sheriff. Cautioned regarding 25-4-101 and 25-4-105(1). [7, 11, 13]
96-044-E §25-4-1 05(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]
96-084-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 §25-4-105(2) prohibit a municipality from employing its alderman's son as a police officer when the son resides with the alderman. [6, 7, 31]
96-091-E §25-4-105(3)(a) prohibits a wrecker service that has the municipality's fireman as its majority shareholder and as an employee from providing towing services to and being paid for those services by the municipality. [7]
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]
96-110-E Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor from serving as the city manager for a municipality that has existing interlocal agreements with the county under which the municipality pays the county to provide police, fire, street, drainage and recreation services. Cautioned regarding §25-4-101. [7, 14]
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]
96-122-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]
96-125-E A municipal police officer may simultaneously serve as a constable for the county in which the municipality employing the police officer is located. Cautioned regarding §25-4-105(1). [7, 16]
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]
96-131-E §25-4-105(3)(a) prohibits an engineer employed part-time by a city from being a contractor with the city employing the engineer. [7]
96-141-E A city building inspector may act as a contractor in other cities and outside his city but within the county where his city is located. [7]
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]