STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX 4840MONTGOMERY. AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104

MONTGOMERY, AL 36104COMMISSIONERS

Helen Shores Lee, Esq., ChairmanJohn H. Watson,Vice-ChairmanLewis G. adorn, Jr., Esq.Russell Jackson Drake, Esq.J. Harold Sorrells

James L. Sumner, Jr.Director

Hugh R. Evans, IIIAssistant Director

General Counsel

TELEPHONE (334) 242-2997

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

February 2, 2000

ADVISORY OPINION NO. 2000-11

Wanda J, CochranAssistant City AttorneyCity of Mobile255 North Conception StreetMobile, Alabama 36603

Personal Gain!Assistant City Attorney ForThe City Of Mobile Purchasing PropertyFrom The City of Mobile,

An Assistant City Attorney with the City ofMobile may purchase a lot ITomthe City ofMobile~provided, the lot has been properlyadvertised~that the opportunity to purchasethe lot is available to the general public~thatno confidential information obtained in thecourse of the Assistant City Attorney'semploymentwith the City of Mobile is usedto assist the Assistant City Attorney inbecoming the successful purchaser~that theappraisal on the property has been done byan independent appraiser with no connectionwith the City of Mobile~and, that theAssistant City Attorney has no involvementin the bid process,

Dear Ms, Cochran:

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

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Wanda J. CochranAdvisory Opinion No. 2000-11Page two

OUESTION PRESENTED

Mayan Assistant City Attorney for the City of Mobile purchase propertyITomthe City of Mobile?

FACTS AND ANALYSIS

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

Wanda 1. Cochran is a full-time Assistant City Attorney for the City of Mobile. The Cityof Mobile is preparing to offer for sale a number of vacant lots in the DeTonti Square HistoricDistrict. Ms. Cochran would like to purchase lot 25; however, the City's Real Estate Officer isconcerned that she may be ineligiblebecause she is a City employee.

The City acquired these lots in 1996 ITomthe Mobile Housing Board so that they could besold to individuals for redevelopment in accordance with guidelines and restrictive covenantsestablished by the City. The lots were appraised and offered for sale at the appraised price. Theappraisals were done by an independent appraiser.

Although a number of the lots were sold in 1997, lot 25 remains unsold. The City willoffer the remaining lots for sale in March 2000, including lot 25. Under the terms of the offer, allpurchasers must submitbids on a date certain, and all bids will be for the appraised price of theproperty. In other words, the property is being sold for a sum certain. In the event more thanone offer is received on the lot, the purchaser will be decided by random drawing conducted bythe City Real Estate Department.

Ms. Cochran and her family live one lot away ftom lot 25. They would like to purchasethe property, and then swap the property with the Waternont Rescue Mission which owns theproperty immediatelynorth of their home. Lot 25 is contiguous to the Mission's property and hashistoricallybeen used by the Mission as a parking lot.

Ms. Cochran further states that "for sale" signs have been on the properties for over twoyears. The signs contain phone numbers which, if you call, state "You will have to wait for theoffer date which has not been set yet and it will only be on one date."

The AlabamaEthics Law, Code of Alabama. 1975, 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 family

Wanda 1. CochranAdvisory Opinion No. 2000-11Page three

member 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 materially affect his or her financial interest,except as otherwise provided by law or as provided pursuant to a lawfulemployment agreement regulated by agency policy."

Section 36-25-2(b) states in pertinent part:

"(b) An essential principleunderlyingthe staffing of our governmental structure isthat its public officials and public employees should not be denied the opportunity,available to all other citizens, to acquire and retain private economic and otherinterests, except where conflicts with the responsibilityof public officialsandpublic employees to the public cannot be avoided."

Section 36-25-1(8) defines a conflict of interest as:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic 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 officialor public employee in thedischarge of his or her officialduties which would materiallyaffect his or herfinancial interest or those of his or her familymembers or any business with whichthe person is associated in a manner different ftom the manner it affects the othermembers of the class to which he or she belongs."

Section 36-25-8 states:

"No public official,public employee, former public officialor former publicemployee, for a period consistent with the statute of limitationsas contained in

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Wanda J. CochranAdvisory Opinion No. 2000-11Page four

this chapter, shalluse or disclose confidential infonnation gained in the course ofor by reason of his or her position or employment in any way that could result infinancial gain other than his or her regular salary as such public officialor publicemployee for himselfor herself, a familymember of the public employee or familymemberof the public official, or for any other person or business."

Based on the facts as provided and the above law, an Assistant City Attorney with the Cityof Mobile may purchase property trom the City; provided,

1) That the lot has been properly advertised and the opportunity to purchase the lot isavailableto the general public;

2) That no confidential infonnation obtained in the course of the Assistant CityAttorney's employmentwith the City of Mobile is used to assist her in becomingthe successful purchaser;

3) That the appraisal on the property has been done by an independent appraiser withno connection with the City of Mobile; and,

4) That the Assistant City Attorney has no involvement in the bid process.

CONCLUSION

An Assistant City Attorney with the City of Mobile may purchase a lot trom the City ofMobile; provided, the lot has been properly advertised; that the opportunity to purchase the lot isavailable to the general public; that no confidential infonnation obtained in the course of theAssistant City Attorney's employmentwith the City of Mobile is used to assist the Assistant CityAttorney in becoming the successful purchaser; that the appraisal on the property has been doneby an independent appraiser with no connection with the City of Mobile; and that the AssistantCity Attorney has no involvement in the bid process.

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Wanda J. CochranAdvisory Opinion No. 2000-11Page five

AUTHORITY

By 4-0 vote of the Alabama Ethics Commission on February 2,2000.

atrAlabama Ethics Commission

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