(I) ETHICS COMMISSIONethics.alabama.gov/docs/pdf/AO98-10ALL.pdfPhillip Henderson Advisory Opinion...

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STATE OF ALABAMA

ETHICS COMMISSION

Henry B. Gray III, ChairmanCamille S. Butrus, Vice-Chairman

Helen Shores Lee, Esq.

H. Dean Buttram, Jr., Esq.James T. Pursell

MAILING ADDRESS

P.O. BOX 4B40

MONTGOMERY. AL36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104

MONTGOMERY. AL 36104 James L. Sumner. Jr.Director

Hugh R. Evans, IIIAssistant Director

General Counsel

February 4, 1998TELEPHONE (334) 242-2997

FAX (334) 242-0248

ADVISORY OPINION NO. 98-10

PhillipHendersonGeologist IIGeocartographic SectionGeological Survey of Alabama4434 Ridgewood RoadTuscaloosa, Alabama 35404

Conflict Of Interests/Geologist II For TheGeological Survey Of AlabamaBecomingPart-Time Independent Contractor OfComputer Graphics.

A Geologist II for the GeocartographicSection of the Geological Survey of Alabamamay serve as a part-time independentcontractor of computer graphics; provided,that all work relating to his independentcontracting business is done on his own time,whether it is after hours, weekends or annualleave, etc.; that he not use any publicequipment, facilities, time, materials, humanlabor or other public property under hisdiscretion or control to assist himinconducting his contracting service; and, thatthe contracting service is not related to hisprimary employmentwith the GeologicalSurvey of Alabama.

Dear Mr. Henderson:

The AlabamaEthics Commissionis in receipt of your request for an Advisory Opinion ofthis Commission, and this opinion is issued pursuant to that request.

Phillip HendersonAdvisory Opinion No. 98-10Page two

OUESTION PRESENTED

Maya Geologist II for the Geocartographic Section of the Geological Survey of Alabamabecome a part-time independent contractor of computer graphics?

FACTS AN,» ANALYSIS

Phillip Henderson is a Geologist II for the Geocartographic Section of the GeologicalSurvey of Alabama. His current job assignments include remote sensing, field mapping andpreparing field research for publication.

He is interested in becoming a part-time independent contractor of computer graphics.The scope of his proposed work would include, but is not limitedto, the creation and maintenanceof Internet home pages, scanning, faxing, freelance graphics and layout, computer peripheralsetup and maintenance, architecture, engineering, computer aided design and drafting, geographicinformation systems, teaching, and database design and implementation.

Mr. Henderson states that the work will be performed after completion of service for theState of Alabama and will in no way use State-owned property.

The Alabama Ethics Law, Code of Alabama, 1975, Section 36-25-5(a) states:

"(a) No public officialor public employee shalluse or cause to be used his or herofficialposition or office to obtain personal gain for himselfor herself, or familymember of the public employee or familymember of the public official,or anybusiness with which the person is associated unless the use and gain areotherwise specificallyauthorized by law. Personal gain is achieved when thepublic official,public employee, or a familymember thereof receives, obtains,exerts control over, or otherwise converts to personal use the object constitutingsuch personal gain."

Section 36-25-5(c) states:

H(C)No public officialor public employee shalluse or cause to be used equipment,facilities, time, materials, human labor, or other public property under his or her

Phillip HendersonAdvisory Opinion No. 98-10Page three

discretion or control for the private benefit or business benefit of the public official,public employee, any other person, or principal campaign committee as defined inSection 17-22A-2, which would materiallyaffect his or her financial interest,except as otherwise provided by law or as provided pursuant to a lawfulemployment agreement regulated by agency policy."

Section 36-25-1(8) states:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employee between his or her private interests and the officialresponsibilities inherent in an office of public trust. A conflict of interest involvesany action, inaction, or decision by a public officialor public employee in thedischarge of his or her officialduties which would materiallyaffect his or herfinancial interest or those of his or her familymembers or any business with whichthe person is associated in a manner different ftom the manner it affects the othermembers of the class to which he or she belongs."

Section 36-25-2(b) in pertinent part states:

"An essentialprinciple underlyingthe staffing of our governmental structure is thatits public officialsand public employees should not be denied the opportunity,available to all other citizens, to acquire and retain private economic and otherinterests, except where conflicts with the responsibilityof public officialsandpublic employees to the public cannot be avoided."

Based on the above law and the facts as provided, a Geologist ITfor the GeocartographicSection of the Geological Survey of Alabamamay serve as a part-time independent contractor ofcomputer services; provided:

(1) That all work relating to his independent contracting business is done on his owntime, whether it is after hours, weekends or annual leave, etc.;

(2) That he not use any public equipment, facilities,time, materials, human labor orother public property under his discretion or control to assist him in conducting his contractingservice; and,

(3) That the contracting service is not related to his primary employmentwith theGeological Survey of Alabama.

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PhillipHendersonAdvisory OpinionNo. 98-10Page four

CONCLUSION

A Geologist n for the Geocartographic Section of the Geological Survey of Alabama mayserve as a part-time independent contractor of computer graphics~provided, that all work relatingto his independent contracting business is done on his own time, whether it is after hours,weekends or annual leave, etc.~that he not use any public equipment, facilities, time, materials,human labor or other public property under his discretion or control to assist him in conductinghis contracting service~and, that the contracting service is not related to his primary employmentwith the Geological Survey of Alabama.

AUTHORITY

By 3-0 vote of the Alabama Ethics Commission on February 4, 1998.

HenryChairAlabama Ethics Commission