James T. Pursell. Chail111an Henry B. Gray Ill. Vice-Chail111an Camille S. Butrus Helen Shores Lee, Esq. H. Dean Buttram. Jr., Esq. Jim Putnam Former Council member Huntsville City Council 1823 Forney Drive Huntsville, Alabama 35816 STATE OF ALABAMA ETHICS COMMISSION MAILING ADDRESS P.O. BOX4840 MONTGOMERY, AL 36103-4840 STREET ADDRESS RSA UNION 100 NORTHUNIONSTREET SUITE 104 MONTGOMERY, AL 36104 James L. Sumner. Jr. Director May 14, 1997 TELEPHONE (334) 242-2997 FAX (334) 242-0248 ADVISORYOPINION NO. 97-39 Campaign Funds!Authorized Spending Of Remaining Campaign Funds. A candidate, public official, or principal campaign committee may only use contributions, as defined by Section 17-22A-2, received for the following purposes: (1) Expenditures of the campaign. (2) Expenditures that are reasonably related to performing the duties of the office held. For purposes of this section, expenditures that are reasonably related to performing the duties of the office held do not include personal and legislative living expenses. (3) Donations to the State General Fund, Alabama Special Educational Trust Fund or equivalent county or municipal funds. (4) Donations to an organization to which a federal income tax deduction is permitted under subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended, or any other charitable, educational, or eleemosynary cause of Section 501, of Title 26 of the U.S. Code. (5) Inaugural or transitional expenses incurred after October 1, 1995. A former member of the Huntsville City Council may not use campaign money to purchase a computer scanner to store records and files regarding past campaigns.
Transcript
James T. Pursell. Chail111an
Henry B. Gray Ill. Vice-Chail111anCamille S. Butrus
Helen Shores Lee, Esq.
H. Dean Buttram. Jr., Esq.
Jim PutnamFormer Council memberHuntsville City Council1823 Forney DriveHuntsville, Alabama 35816
A candidate, public official, or principal campaigncommittee may only use contributions, as definedby Section 17-22A-2, received for the followingpurposes: (1) Expenditures of the campaign.(2) Expenditures that are reasonably related toperforming the duties of the office held. Forpurposes of this section, expenditures that arereasonably related to performing the duties of theoffice held do not include personal and legislativeliving expenses. (3) Donations to the State GeneralFund, Alabama Special Educational Trust Fund orequivalent county or municipal funds.(4) Donations to an organization to which a federalincome tax deduction is permitted undersubparagraph (A) of paragraph (1) of subsection (b)of Section 170 of the Internal Revenue Code of1986, as amended, or any other charitable,educational, or eleemosynary cause of Section 501,of Title 26 of the U.S. Code. (5) Inaugural ortransitional expenses incurred after October 1, 1995.
A former member of the Huntsville City Councilmay not use campaign money to purchase acomputer scanner to store records and filesregarding past campaigns.
Jim PutnamAdvisory Opinion No. 97-39Page two
A former member of the Huntsville City Councilmay use campaign funds to pay for damages to hisautomobile, when those damages were incurredwhile campaigning for office.
Dear Mr. Putnam:
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.
OUESTIONSPRESENTED
(1). Maya former member of the Huntsville City Council use remaining campaignfunds to purchase a computer scanner to enable him to store files, records, andcorrespondence dealing with his eight years of service as a Council member for storingand keeping of those files, records, and correspondence?
(2). Maya former member of the Huntsville City Council use campaign funds torepair his vehicle, when the vehicle was damaged in the course of campaigning foroffice?
FACTS AND ANALYSIS
Jim Putnam served on the Huntsville City Council from October 1988 through October1996. He was defeated for re-election in 1996 and still has funds remaining in his campaignaccount. He has asked several questions regarding the authorized spending of the remainingcampaign funds.
Upon leaving office, Mr. Putnam brought several boxes of files, records, andcorrespondence dealing with his eight years of service to his home for storing and keeping. Healso has a lot of files regarding the past campaigns that he would like to keep and may use somein future campaigns. He has asked whether or not he would be authorized or allowed to spendcampaign funds for a computer scanner so that he might store these records and files oncomputer disks rather than buying filing cabinets and filing equipment.
The Alabama Ethics Law, Code of Alabama. 1975, Section 36-25-6(c) states:
"(c) Notwithstanding any other provision oflaw, including, but not limited toSection 17-22A-7, a candidate, public official, or principal campaign committee
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may only use contributions, as defined by Section l7-22A-2, received for thefollowing purposes:
(1) Expenditures of the campaign.
(2) Expenditures that are reasonably related to performing the duties of the officeheld. For purposes of this section, expenditures that are reasonably related toperforming the duties of the office held do not include personal and legislativeliving expenses.
(3) Donations to the State General Fund, Alabama Special Educational Trust Fundor equivalent county or municipal funds.
(4) Donations to an organization to which a federal income tax deduction ispermitted under subparagraph (A) of paragraph (1) of subsection (b) of Section170 of the Internal Revenue Code of 1986,as amended, or any other charitable,educational, or eleemosynary cause of Section 501 of Title 26 of the U.S. Code.
(5) Inaugural or transitional expenses incurred after October 1, 1995."
A former member of the Huntsville City Council may not use remaining campaign fundsto purchase a computer scanner or filing cabinets and filing equipment to store materials relatingto his eight years of service on the City Council.
In the course of campaigning, Mr. Putnam carried yard signs in the back seat of hispersonal car. On one occasion in removing a yard sign from the back seat of his car, a comer ofthe sign snagged the head liner and ripped it. He has asked whether or not he could usecampaign funds to repair the head liner, since it was damaged in the course of campaigning.
A former member of the Huntsville City Council may expend campaign funds to makerepairs to his vehicle when the vehicle suffered damage during the course of his running foroffice, as this would be a reasonable expenditure of the campaign.
CONCLUSION
A candidate, public official, or principal campaign committee may only use contributions,as defined by section l7-22A-2, received for the following purposes: (1) Expenditures of thecampaign. (2) Expenditures that are reasonably related to performing the duties of the office held.For purposes of this section, expenditures that are reasonably related to performing the duties of
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the office held do not include personal and legislative living expenses. (3) Donations to the StateGeneral Fund, Alabama Special Educational Trust Fund or equivalent county or municipal funds.(4) Donations to an organization to which a federal income tax deduction is permitted undersubparagraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Codeof 1986, as amended, or any other charitable, educational, or eleemosynary cause of Section 501,of Title 26 of the U.S. Code. (5) Inaugural or transitional expenses incurred after October 1,1995.
A former member of the Huntsville City Council may not use campaign money topurchase a computer scanner to store records and files regarding past campaigns.
A former member of the Huntsville City Council may use campaign funds to pay fordamages to his automobile, when those damages were incurred while campaigning for office.
AUTHORITY
By 3 - 0 vote of the Alabama Ethics Commission on May 14, 1997.
~4~Camille S. ButrusActing Chair in the absenceof the Chair and Vice-ChairAlabama Ethics Commission
