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 254-105(1) in Issue 1 if the housing authority provides rent subsidies to the occupants. [5, 7, 9, 14, 22, 25, B, I]96-005-E A county may contract with the brother of the county's elected coroner to transport bodies for autopsies. [9,10,11,31]
96-007-E A county may enter into a personal service contract with a former employee of its MIS department. [9, 11]
96-010-E A county may not purchase parts from an equipment company employing the spouse of the county purchase clerk. Violates Code Section 25-4-105(1) and/or (3)(a). [9, 11, A]
96-015-E A county may not purchase parts from an equipment company employing the spouse of the county purchase clerk. Violates Code Section 25-4-105(1) and/or (3)(a). [9, 11, A]
96-021-E A constable may not purchase a surplus sheriff's vehicle from the county he serves as it would violate §25-4-105(3)(b). [9, 16]
96-026-E A county board of supervisors may not accept a bid to keep certificates of deposit on the county's port funds when a member of the county port commission is chairman of the board and president of the bank as it would violate §25-4-105(3)(a) unless the exceptions in §25-4-105 (4)(a)(b) apply. [2, 9, 14]
96-027-E A legislator may not accept employment with a county tourism commission if the tourism commission is funded by a state appropriation during the legislator's term or for one year thereafter. [9, 11, F]
96-030-E A county election commissioner may simultaneously serve as a member of the county's planning commission. Cautioned regarding §25-4-101 and §25-4-105(1). [9, 11,21]
96-039-ER 1. A company may employ a former supervisor within one year of his term even though a company with the same owners and address contracts with the county provided the former supervisor has no other direct or indirect interest in the company contracting with the county.
2. A company that employed a former supervisor within one year of his term may be paid by the county for past due invoices if the former supervisor severs his employment with the company. [9, 14]
96-046-E Constables may enter into contracts with the county they are elected to serve to collect delinquent fines and be paid a contingent fee and not be in violation of §25-4-105 (3)(a)) since specific authority to so contract is set forth in §§19-3-4(3) and 25-7-27(3). [9, 16]
96-047-E A county may employ the son of a county supervisor as a road department employee if the county is operating under a county-wide system of road administration if the son is totally and completely financially independent for the supervisor. Cautioned regarding §25-4-101 and §25-4-105(1) and(5). [9, 11, 14,31]
96-049-E A person appointed to fill only an interim term on the county board of supervisors:
1. may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over within one year thereafter as to do so would violate Constitutional Section 109 and Code Section 25-4-105(2).
2. may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over even though he abstained from any vote concerning the budget of the county. [9, 11, 14]
96-052-E A county may employ the son of a county supervisor as a road department employee if the county is operating under a county-wide system of road administration if the son is totally and completely financially independent for the supervisor. Cautioned regarding §25-4-101 and §25-4-105(1) and(s). [9, 11, 14,31]
96-070-E A justice court judge may not contract to serve as an auctioneer for a joint auction held by a municipality and the county the justice court judge is elected to serve because it would violate §25-4-105(3)(a). [9, 29]
96-073-E A county economic development district may purchase printing services from a printing business owned by one of its board members' brother. Cautioned regarding §25-4-101. [9, 19, 31]
96-083-E 1. A legislator's engineering firm's contract with a county through a joint venture is not prohibited if the state funds granted to the contract were appropriated by the Legislature prior to the beginning of the legislator's term.
2. A legislator does have a prohibited interest, under Constitutional Section 109 and §25-4-105(2), in any of his engineering firm's existing contracts should any state funds granted to those projects be appropriated or reappropriated by the Legislature during the legislator's term, or within one year after the expiration of his term. [9, 22, B, F]
96-098-E A county port and harbor commission member's employment by an industry located in the port and harbor commission's industrial park is not as such a violation of the conflict of interest laws if not contract has been authorized during the member's term and the industry is not a contractor, subcontractor or vendor with the port and harbor commission. Cautioned regarding Constitutional Section 109, §25-4-101 and §25-4-105(1), (2) and (3)(a). [9, K]
96-114-E 1. The conflict of interest laws do not as such prohibit a sporting goods store that leases a building partly owned by the city's mayor from selling to the city separate school district.
2. Constitutional Section 109 and §25-4-105(2) prohibit a sporting goods store that leases a building partly owned by the city's mayor from selling to the city's recreation department.
Cautioned regarding §25-4-105(1) and §25-4-101. [8, 9, 20]
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]
96-147-E Constitutional Section 109 and §25-4-105(2) prohibit a county school board member's company from selling to the county school district. A county school board member's company may sell to the county. Cautioned regarding §25-4-105(1). [9, 20]