S1 A1E OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

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Russell Jackson Drake, Esq., ChairmanJ. Harold Sorrells, Vice-ChairmanRaymond L. Bell, Jr., Esq.Linda L. Green

Nancy Edwards Eldridge

James L. Sumner, Jr.Director

TELEPHONE (334) 242-2997

FAX (334) 242-0248WEB SITE www.ethics.aJalinc.net

April 2, 2003

ADVISORY OPINION NO. 2003-22

The Honorable Quinton T. Ross, Jr.State Senator, 26thDistrictAlabama State SenatePost Office Box 6183Montgomery, Alabama 36106

Conflict Of Interest/Member Of AlabamaSenate Serving On Department Of YouthServices Board While Wife Is Employed ByDepartment Of Youth Services

A State Senator may serve as a member ofthe Department ofY outh Services Boardwhile his wife is employed with theDepartment of Youth Services, provided, hedoes not vote, attempt to influence orotherwise participate in any matter thatwould affect the terms and conditions of hiswife's employment differently than it wouldaffect the employment of all otheremployees of the Department of YouthServices.

Dear Senator Ross:

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

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The Honorable Quinton T. Ross, Jr.Advisory Opinion No. 2003-22Page two

OUESTION PRESENTED

If a member of the Alabama Senate is appointed to the Department of Youth ServicesBoard, which employs his wife, is he prohibited from taking official action as a Board member?

FACTS AND ANALYSIS

The facts as have been provided to this Commission are as follows:

Quinton T. Ross, Jr. is a member of the Alabama State Senate, representing District 26.His wife has been an employee at the Mt. Meigs Campus of the Department of Youth Services(DYS) since November 2002.

Senator Ross has been asked to serve on the Board, and is concerned as to whether or notthere are any laws which would prohibit him from taking official action as a Board memberwhile his wife is employed with DYS.

The DYS Board is composed of 18 voting members. Included in the membership are twomembers of the Alabama Senate, appointed by the presiding officer. The Board has the authorityto establish and promulgate rules, policies, orders and regulations, purchase land, appoint thestate youth services director and to fix his or her salary, and to institute and defend legalproceedings in any court of competent jurisdiction.

The Alabama Ethics Law, Code of Alabama. 1975, Section 36-25-1(24) defines a publicofficial as:

"(24) PUBLIC OFFICIAL. Any person elected to public office, whether or notthat person has taken office, by the vote of the people at state, county, ormunicipal level of government or their instrumentalities, including governmentalcorporations, and any person appointed to a position at the state, county, ormunicipal level of government or their instrumentalities, including governmentalcorporations. For purposes of this chapter, a public official includes the chairsand vice-chairs or the equivalent offices of each state political party as defined inSection 17-16-2."

Section 36-25-1(12) defines a family member of the public official as:

n(12)FAMILY MEMBER OF THE PUBLIC OFFICIAL. The spouse, adependent, an adult child and his or her spouse, a parent, a spouse's parents, asibling and his or her spouse, of the public official.n

The Honorable Quinton T. Ross, Jr.Advisory Opinion No. 2003-22Page three

Section 36-25-1(8) defines a conflict of interest as:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public official orpublic 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 official or public employee inthe discharge of his or her official duties which would materially affect his or herfinancial interest or those of his or her family members or any business withwhich the person is associated in a manner different from the manner it affects theothermembersof the classto whichhe or shebelongs.n

Section 36-25-5(a) states:

"ea)No public official or public employee shall use or cause to be used his or herofficial position or office to obtain personal gain for himself or herself, or familymember of the public employee or family member of the public official, or anybusiness with which the person is associated unless the use and gain areotherwise specifically authorized by law. Personal gain is achieved when thepublic official, public employee, or a family member thereof receives, obtains,exerts control over, or otherwise converts to personal use the object constitutingsuch personal gain."

While the Ethics Law would not prevent Senator Ross from serving on the DYS Boardwhile his wife is employed there, he is prohibited from taking any action, either by vote,influence or other participation, in any matter that would affect his wife and the terms andconditions of her employment differently than it would affect the terms and conditions ofemployment of every other employee of the Department of Youth Services.

Based on the facts as provided and the above law, a State Senator may serve as a memberof the Department of Youth Services Board while his wife is employed with the Department ofYouth Services, provided, he does not vote, attempt to influence or otherwise participate in anymatter that would affect the terms and conditions of his wife's employment differently than itwould affect the employment of all other employees of the Department of Youth Services.

CONCLUSION

A State Senator may serve as a member of the Department ofY outh Services Board whilehis wife is employed with the Department of Youth Services, provided, he does not vote, attemptto influence or otherwise participate in any matter that would affect the terms and conditions of

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The Honorable Quinton T. Ross, Jr.Advisory Opinion No. 2003-22Page four

his wife's employment differently than it would affect the employment of all other employees ofthe Department of Youth Services.

AUTHORITY

By 5-0 vote ofthe Alabama Ethics Commission on April 2, 2003.

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