5T ATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX 4840MONTGOMERY, AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104MONTGOMERY, AL 36104COMMISSIONERS

Henry B. Gray III, ChairmanCamilleS. Butrus,Vice-ChairmanHelen Shores Lee, Esq.John H. Watson

Lewis G. Odom, Jr., Esq.

James L. Sumner, Jr.Director

Hugh R. Evans, IIIAssistant Director

General Counsel

TELEPHONE (334) 242-2997

FAX (334) 242-0248

July 1, 1998

ADVISORY OPINION NO. 98-39

Carolyn Sparks961 Hilltop RoadHenagar, Alabama 35978

Conflict Of Interests/Police DispatcherAccepting Employment With BondingCompany.

A Police Dispatcher with the Henagar PoliceDepartment may not accept employmentwith a local Bonding Company as theopportunity arose in the course of heremploymentwith the Police Department; andfurther, where it would be difficulttoseparate her duties as a Police Dispatcherftom those of an agent of a BondingCompany.

Dear Ms. Sparks:

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

QUESTION PRESENTED

Maya Police Dispatcher for the Henagar Police Department accept employmentwith aBonding Company?

Carolyn SparksAdvisory Opinion No. 98-39Page two

FACTS AND ANALYSIS

Carolyn Sparks is a Police Dispatcher at the Henagar Police Department, where she hasbeen so employed for five years.

Recently, Mr. Ronald McCoy was in the office to bond a subject out of jail. Mr. McCoyowns a company called 1. M. Bonding, located in Gadsden, Alabama.

In a brief conversation with Mr. McCoy, Ms. Sparks learned that Mr. McCoy was lookingfor someone more local than himselfto bond in the Henagar area. Ms. Sparks states that this issomething she has been thinking of doing for some time and advised Mr. McCoy that she mightbe interested. Ms. Sparks has spoken with several individuals,includingthe Mayor, the PoliceChief and her attorney, who have informed her that they did not see a conflict of interests, as longas she did not solicit for the company she decided to work for.

Ms. Sparks states that in the Henagar Police Department they display six differentBonding Companies on a poster with the name of the company and a phone number. She statesthat she has never advised anyone of who to call, and further states that she would not do so. Ona few occasions she states, when asked, she has stated that an 845 prefix is a Fort Payne phonenumber or that 632 is a Flat Rock phone number.

The AlabamaEthics Law, Code of Alabam~ 1975, Section 36-25-5(a) states:

"(a) No public official or 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 36-35-5(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 publicofficial, public employee, any other person, or principal campaign committee asdefined in Section 17-22A-2, which would materiallyaffect his or her financialinterest, except as otherwise provided by law or as provided pursuant to a lawfulemployment agreement regulated by agency policy."

_ n ___ __ u _. _______ - --- -. -- ---

Carolyn SparksAdvisory Opinion No. 98-39Page three

Section 36-25-1(8) states:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employeebetween his or her private interests and the official responsibilitiesinherent in an office of public trust. A conflict of interest involves any action,inactio~ or decision by a public officialor public employee in the discharge of hisor her officialduties which would materiallyaffect his or her financialinterest 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."

An inherent conflict of interests exists for a Police Dispatcher to work for a BondingCompany and for that Bonding Company to do business out of the City Jail. Even though Ms.Sparks could avoid violating the law by not solicitingfor 1. M. Bonding, that inherent conflict stillexists, in that, it would be virtually impossibleto separate the two positions as she would beapproached by inmates or their familymembers about making a bond while working on City timeas a Police Dispatcher.

In addition, the opportunity arose because of Ms. Sparks' employment as a PoliceDispatcher.

CONCLUSION

A Police Dispatcher with the Henagar Police Department may not accept employmentwith a local Bonding Company as the opportunity arose in the course of her employmentwith thePolice Department~and further, where it would be difficult to separate her duties as a PoliceDispatcher ftom those of an agent of a Bonding Company.

AUTHORITY

By ~ vote of the Alabama Ethics Commissionon July 1, 1998.

Henry BChairAlabamaEthics Commission