STATE OF ALABAMA

ETHICS COMMISSION

COMMISSIONERS

Lewis G. adorn, Jr., Esq., ChairmanRussell Jackson Drake, Esq., Vice-ChairmanJ. Harold Sorrells

Raymond L. Bell, Jr., Esq.Linda L. Green

MAILING ADDRESS

P.O. BOX4840MONTGOMERY,AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTHUNIONSTREET

SUITE 104MONTGOMERY,AL 36104 James L. Sumner, Jr.

Director

TELEPHONE (334) 242-2997

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

May 1, 2002

ADVISORY OPINION NO. 2002-21

Ms. Judy JacksonAssistant Director - Child WelfareJefferson County Department of Human Resources1321 5thAvenue, SouthBirmingham, Alabama 35233

Conflict Of Interests/Service Social Worker

I/ll With The Jefferson County DepartmentOf Human Resources Serving As A FosterParent.

A Service Social Worker I/ll with theJefferson County Department of HumanResources may serve as a foster parent in aregion of Jefferson County other than theregion with which he or she is employed, asthis would not involve interaction with hisor her employer.

Dear Ms. Jackson:

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.

QUESTION PRESENTED

For purposes of Advisory Opinion No. 2001-07, may the five independent regions ofJefferson County be considered separate counties for purposes of the Department of HumanResources' employees serving as foster parents?

Ms. Judy JacksonAdvisory Opinion No. 2002-21Page two

FACTS AND ANALYSIS

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

Judy Jackson is the Assistant Director for Child Welfare with the Jefferson CountyDepartment of Human Resources. She is aware of Advisory Opinion No. 2001-07, rendered inFebruary of 2001.

In that opinion, the question presented was whether or not a Service Social Worker I/IIwith the Mobile County Department of Human Resources could serve as a foster parent. TheCommission ruled that:

"A Service Social Worker I/II with the Mobile County Department of HumanResources may serve as a foster parent in a county other than Mobile County,Alabama, as her serving as a foster parent in Mobile County would involveinteraction with her employer."

Ms. Jackson states that Jefferson County Child Welfare is divided into five independentregions. Each region is led by a program manager who reports directly to the Child WelfareAdministration. She states that these regions function much like separate counties and arelocated in three different buildings in the county.

Ms. Jackson states that the five distinct regions are based on zip codes, and each region isadministered by a Regional Manager who works for the Child Welfare Administration. Eachregion is a separate entity, and there are protocols and procedures to transfer cases from oneregion to another, just as counties transfer cases across county lines.

Based on Advisory Opinion No. 2001-07, Ms. Jackson seeks clarification.

The Alabama Ethics Law, Code of Alabama. 1975, Section 36-25-1(23) defines a publicemployee as:

"(23) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities, including governmentalcorporations 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 from state, county or municipalfunds. For purposes of this chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providing

Ms. Judy JacksonAdvisory Opinion No. 2002-21Page three

professional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

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 theother members of the class to which he or she belongs."

Section 36-25-5(a) states:

"(a) 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."

Section 36-25-5(c) states:

"(c) No public official or public employee shall use or cause to be usedequipment, facilities, time, materials, human labor, or other public property underhis or her discretion 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 financial interest, except as otherwise provided by law or as provided pursuantto a lawful employment agreement regulated by agency policy."

As has previously been stated, the Commission has determined that an employee of aCounty Department of Human Resources could serve as a foster parent in an area outside his orher jurisdiction, thereby alleviating any interaction between the foster parent/public employeeand his or her agency.

Ms. Judy JacksonAdvisory Opinion No. 2002-21Page four

It appears from the information submitted that the five independent regions withinJefferson County are treated much in the same way as separate counties are treated. Therefore, itwould be consistent with Advisory Opinion No. 2001-07, for employees of the Jefferson CountyDepartment of Human Resources to serve as foster parents in a region of Jefferson County otherthan that region where they are employed.

Based on the facts as presented and the above law, a Service Social Worker IIII with theJefferson County Department of Human Resources may serve as a foster parent in a region ofJefferson County other than the region with which he or she is employed, as this would notinvolve interaction with his or her employer.

CONCLUSION

A Service Social Worker IIIIwith the Jefferson County Department of Human Resourcesmay serve as a foster parent in a region of Jefferson County other than the region with which heor she is employed, as this would not involve interaction with his or her employer.

AUTHORITY

By 5-0 vote of the Alabama Ethics Commission on May I, 2002.

Lewis G. Odom, Jr., EsquireChairAlabama Ethics Commission

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