STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX4840MONTGOMERY,AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTHUNIONSTREET

SUITE 104MONTGOMERY,AL36104James T. Pursell, Chainnan

Henry B. Gray III, Vice-ChainnanCamille S. Butrus

Helen Shores Lee, Esq.H. Dean Buttram, Jr.. Esq.

E. J. (Mac) McArthurDirector

TELEPHONE (334) 242-2997

FAX (334) 242-0248

September 19, 1996

ADVISORY OPINION NO. 96-86

Frederic A. RansomActing City AttorneyReid & ThomasAttorneys at Law501 SouthTrust Bank BuildingAnniston, AL 36201

Conflict Of Interest! Wife Of InterimCity Attorney For The City OfAnniston Contracting With MunicipalCommunity Centers To ConductDance Classes.

The wife of an Interim City Attorneyfor the City of Anniston may contractwith municipal community centers toprovide dance lessons as the InterimCity Attorney is not a publicemployee as defined by Section 36-25-1(24), as he is providingprofessional services on a part-timebasis and the compensation for whichis less than 50 percent of his income.

Dear Mr. Ransom:

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.

Frederic A. RansomAdvisory Opinion No. 96-86Page Two

QUESTION PRESENTED

May the wife of an Interim City Attorney contract with municipal community centers toconduct dance classes within the City of Anniston?

1. Under the terms of the Ethics Act embodied in Title 36 of the Alabama Code of 1975

as amended, applicable to the City of Anniston, its officers, directors, and employees:

(a). Is the Interim City Attorney for the City of Anniston covered by the prohibitions andobligations of the State Ethics Act?

(b). Does the Ethics Act prohibit the Acting City Attorney's wife from teaching summerwork shops at City operated community centers?

(c). What, if any, financial disclosure documents or Statements of Economic Interests aretriggered by the afore-described facts?

FACTS AND ANALYSIS

The City of Anniston does not currently have full-time in-house Legal Counsel. Currentlythe City contracts with a local law firm for legal services. Up until February of 1996, the law firmthat represented the City of Anniston was Merrill, Porch, Dillon, and Fite. The lawyer primarilyresponsible for representing the City was George Monk. After he resigned at the beginning ofthe year, Mr. Ransom's law firm, Reid & Thomas was named as the Interim City Attorneys. TheCity pays the firm for services rendered, and Mr. Ransom is paid by the firm.

Mr. Ransom maintains a separate office and represents many other clients other than theCity. His income received in representing the City of Anniston is less than 50 percent of his totalincome, and his services are strictly limited to the providing of legal services.

Mr. Ransom's wife is a freelance dance instructor who teaches at several publicelementary schools in Birmingham, as well as some private studios. His wife desires to teachsome dance classes at local community centers located in Anniston. The community centers areowned and operated by the City of Anniston and are under the general supervision of theDepartment of Parks and Recreation.

The Heads of the local community centers have the independent ability to bring infreelance instructors to teach various subjects throughout the year. Mr. Ransom has requested aformal Advisory Opinion on the above facts.

Mr. Frederic A. Ransom

Advisory Opinion No. 96-86Page Three

Section 36-25-1 (24) states:

(24) PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal levelof government or their instrumentalities, including governmental corporations andauthorities, but excluding employees of hospitals or other health care corporationsincluding contract employees of those hospitals or other health care corporations, who ispaid in whole or inpart from state, county or municipalfunds. For purposes of thischapter, apublic employee does not include aperson employed on a part-time basiswhose employment is limited to providing professional services other than lobbying,the compensation for which constitutes less than 50percent of the part-time employee'sincome.

Based on the facts and the above law, a conflict of interest does not exist in the wife of anInterim City Attorney contracting with municipal community centers to provide danceinstruction, as the Interim City Attorney is not a public employee as defined by Section 36-25-1(24) and, therefore, is not subject to the Alabama Ethics Law.

Based on the fact that an Interim City Attorney is not a public official as defined by theAlabama Ethics Law and, therefore, not subject to its prohibitions, Question l(b) and l(c) neednot be addressed by this opinion.

CONCLUSION

The wife of an Interim City Attorney for the City of Anniston may contract withmunicipal community centers to provide dance lessons, as the Interim City Attorney is not apublic official as defined by Section 36-25-1(24), as he is providing professional services on apart-time basis and the compensation for which is less than 50 percent of his income.

Mr. Frederic A. RansomAdvisory Opinion No. 96-86Page Four

AUTHORITY

By 3 - 0 vote of the Alabama Ethics Commission on September 19, 1996.