STATE OF ALABAMA ETHICS COMMISSIONethics.alabama.gov/docs/pdf/AO99-09.pdf.pdfJack E. Ravan Advisory...
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. STATE OF ALABAMA ETHICS COMMISSION MAILING ADDRESS P.O. BOX 4840 MONTGOMERY, AL 36103-4840 STREET ADDRESS RSA UNION 100 NORTH UNION STREET SUITE 104 MONTGOMERY, AL 36104 COMMISSIONERS Camille S. Butrus, Chairman Helen Shores Lee, Esq., Vice-Chairman John H. Watson Lewis G. Odom, Jr., Esq. Russell Jackson Drake, Esq. James L. Sumner, Jr. Director Hugh R. Evans, III Assistant Director General Counsel TELEPHONE (334) 242-2997 FAX (334) 242-0248 February 3, 1999 ADVISORY OPINION NO. 99-09 Jack E. Ravan Director & Chief Executive Officer Alabama State Docks Department Post Office Box 1588 Mobile, Alabama 36633-1588 Personal Gain/Employee Of State Docks Accepting Prize. An employee of the Alabama State Docks, who registered for a prize while picking up supplies for the State Docks, may accept the prize, as the opportunity was available to all members of the public and the employee did not use his position to win the prize, Dear Mr. Ravan: The Alabama Ethics Commission is in receipt of your request for an Advisory Opinion of this Commission, and this opinion is issued pursuant to that request. OUESTION PRESENTED Mayan employee of the Alabama State Docks, who registered for a prize while picking up supplies for the State Docks, accept the prize?
Transcript of STATE OF ALABAMA ETHICS COMMISSIONethics.alabama.gov/docs/pdf/AO99-09.pdf.pdfJack E. Ravan Advisory...
. STATE OF ALABAMA
ETHICS COMMISSIONMAILING ADDRESS
P.O. BOX 4840MONTGOMERY, AL
36103-4840
STREET ADDRESS
RSA UNION100 NORTH UNION STREET
SUITE 104
MONTGOMERY, AL 36104COMMISSIONERSCamille S. Butrus, ChairmanHelen Shores Lee, Esq., Vice-ChairmanJohn H. Watson
Lewis G. Odom, Jr., Esq.Russell Jackson Drake, Esq.
James L. Sumner, Jr.Director
Hugh R. Evans, IIIAssistant Director
General Counsel
TELEPHONE (334) 242-2997
FAX (334) 242-0248
February 3, 1999
ADVISORY OPINION NO. 99-09
Jack E. RavanDirector & Chief Executive OfficerAlabama State Docks DepartmentPost Office Box 1588Mobile, Alabama 36633-1588
Personal Gain/EmployeeOf State DocksAccepting Prize.
An employeeof the Alabama State Docks,who registered for a prize while picking upsupplies for the State Docks, may accept theprize, as the opportunity was available to allmembers of the public and the employee didnot use his position to win the prize,
Dear Mr. Ravan:
The AlabamaEthics Commissionis in receipt of your request for an Advisory Opinion ofthis Commission, and this opinion is issued pursuant to that request.
OUESTION PRESENTED
Mayan employee of the Alabama State Docks, who registered for a prizewhile picking up supplies for the State Docks, accept the prize?
Jack E. RavanAdvisory Opinion No. 99-09Page two
FACTS AND ANALYSIS
On November 13, 1998, a drawingwas held at Stuart C. Irby Company, an electricalmaterials supplier. An employee of the Alabama State Docks' Central Maintenance Departmentname was drawn and he was awarded the prize, an ATV valued at $4,000.00. The employee hadregistered for the prize while he was picking up supplies for the Alabama State Docks at thecompany. The flyer announcing the prize giveaway stated:
"Rules: One entry per visit please. Must be 18 or older to participate. Nopurchase necessary. Employees of Stuart C. Irby Co. and their familiesare noteligibleto play."
This employee does not have the authority to order materials or make purchases and hasasked if receipt of this vehicle constitutes an ethics violation.
The AlabamaEthics Law, Code of Alabama, 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 are otherwisespecificallyauthorized by law. Personal gain is achieved when the public official,public employee, or a familymember thereof receives, obtains, exerts control over,or otherwise converts to personal use the object constituting such 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 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."
The fact that the employee was picking up supplies on behalf of the State Docks when heregistered for the prize, would not rise to the level of an ethics violation, in that, the opportunityto register was availableto all members of the public who desired to register; and further, themere fact that he registered for the prize while picking up materials for the State Docks does notrise to the level of using one's office for personal gain.
Jack E. RavanAdvisory Opinion No. 99-09Page three
Based on the above law and the facts as provided, an employee with the Alabama StateDocks, who, while picking up supplies for the State Docks, registers and wins a prize, may acceptthe prize, as the opportunity was availableto all members of the public and the employee did notuse his position for personal gain.
CONCLUSION
An employee of the Alabama State Docks, who registered for a prize while picking upsupplies for the State Docks, may accept the prize, as the opportunity was availableto allmembers of the public and the employee did not use his position to win the prize.
AUTHORITY
By 5-0 vote of the Alabama Ethics Commission on February 3, 1999.
~~v£L--JCamille S. ButrusChairAlabama Ethics Commission
