STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX 4840MONTGOMERY, AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104MONTGOMERY, AL 36104COMMISSIONERS

John H. Watson, ChainnanLewis G. Odom, Jr., Esq., Vice-ChainnanRussell Jackson Drake, Esq.J. Harold Sorrells

Raymond L. Bell, Jr., Esq.

James L. Sumner, Jr.Director

TELEPHONE (334) 242-2997

FAX (334) 242-0248WEB SITE www.ethics.a1a1inc.net

February 7,2001

ADVISORY OPINION NO. 2001-08

Bill FranklinSheriffElmore County SherifI's Department8955 U.S. Highway 231Wetumpka, Alabama 36092

Use Of Office For Personal Gain/Off-DutyDeputies And Jail Officers ReceivingCompensation To Transport Inmates ToFunerals For Family Members.

The Elmore County SherifI's Departmentmay institute a policy whereby off-dutydeputies and/or jail officers may becompensated to transport inmates to funeralsfor familymembers of the inmates; provided,that the individualmaking the assignmentsfor the off-duty opportunity does notparticipate in the off-duty employment.

Dear SheriffFranklin:

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

Bill FranklinAdvisory Opinion No. 2001-08Page two

OUESTION PRESENTED

May the Elmore County Sheriff's Department institute a policy whereby off-duty deputiesand jail officers may be compensated to provide transportation and security for inmates attendingthe funerals of familymembers?

FACTS AND ANALYSIS

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

Bill Franklin is the Sheriffof Elmore County. He states that in the past the Elmore CountySheriff's Department has had deputies transport inmates to local funerals for their familymembers. He states that due to the growth of inmate population and the expanding workload ofhis staff, they have found that they do not have the personnel availableto provide thishumanitarian service. SheriffFranklin states that they have discussed a policy plan whereby theinmate would pay a sum (tentatively $15.00 per hour) to an off-duty deputy or jail officer toprovide transportation and security so that the inmates can continue to attend the funerals offamilymembers.

SheriffFranklin states that this procedure would allow them to maintain officers for theirprimary duties, give incentive to those off-duty to participate, and grant the privilege of inmatefuneral attendance to be continued.

The AlabamaEthics Law, Code of Alabama. 1975. Section 36-25-1(8) defines a conflictof interest as:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employee between his or her private interests and the official responsibilitiesinherent in an office of public trust. A conflict of interest involves any action,inaction, or decision by a public officialor public employee in the discharge of hisor her officialduties which would materiallyaffect his or her financial interest orthose of his or her familymembers or any business with which the person isassociated in a manner different from the manner it affects the other members ofthe class to which he or she belongs."

Section 36-25-1(23) defines a public employee as:

"(23) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities,including governmental

-. .--....--

Bill FranklinAdvisory Opinion No. 2001-08Page three

corporations and authorities, but excluding employees of hospitals or other healthcare corporations including contract employees of those hospitals or other healthcare corporations, who is paid in whole or in part ftom state, county or municipalfunds. For purposes ofthis chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providingprofessional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

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:

"(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 herdiscretion or control for the private benefit or business benefit of thepublic official,public employee, any other person, or principal campaigncommittee as defined in Section 17-22A-2, which would materially affect his orher financialinterest, except as otherwise provided by law or as provided pursuantto a lawful employment agreement regulated by agency policy."

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

"(b) An essential principle underlyingthe staffing of our governmental structure isthat its public officials and public employees should not be denied theopportunity, available to all other citizens, to acquire and retain private economicand other interests, except where conflictswith the responsibilityof public officialsand public employees to the public cannot be avoided."

In the facts as provided, if the Elmore County Sheriff's Department institutes a policyallowing off-duty deputies and/or jail officers to transport inmates to local funerals for familymembers, the Ethics Law would not be violated; provided, that the individualmaking the

Bill FranklinAdvisory Opinion No. 2001-08Page four

assignments in schedulingoff-duty officers for transportation, does not participate in the off-dutyopportunity.

In addition, all such activity must be conducted when the deputy/jail officer is off-duty.

CONCLUSION

The Elmore County Sheriff's Department may institute a policy whereby off-duty deputiesand/or jail officers may be compensated to transport inmates to funerals for familymembers of theinmates; provided, that the individualmaking the assignments for the off-duty opportunity doesnot participate in the off-duty employment.

AUTHORITY

By 4-0 vote of the Alabama Ethics Commission on February 7,2001.

.aIfAlabamaEthics Commission