STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS STREET ADDRESS

P.O. BOX 4840

MONTGOMERY, AL36103-4840

RSA UNION

100 NORTH UNION

STREET

SUITE 104

MONTGOMERY, AL. 36104

James L. Sumner, Jr.Director

COMMISSIONERS

Raymond L. Bell, Jr., Esq., ChairmanLinda L. Green, Vice-ChairmanNancy Edwards EldridgeJohn H. Cooper, Esq.Cameron McDonald Vowell,Ph.D.

TELEPHONE (334) 242-2997

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

June I, 2005

ADVISORY OPINION NO. 2005-17

Mr. Charles H. Willcox

Former Assistant Superintendent of Business OperationsFor the Mobile County Public School System

2358 Lantern Lane WestMobile, Alabama 36693-3670

Revolving Door/Former AssistantSuperintendent Of Business Operations ForThe Mobile County Public School SystemAccepting Employment As A Sub-Consultant Within Two Years After LeavingThe School System

The former Assistant Superintendent ofBusiness Operations for the Mobile CountyPublic School System may acceptemployment as a sub-consultant with MGTof America, prior to the expiration of twoyears after leaving the school system, whenhis previous dealings with MGT of Americaled to no business or contract between theschool system and MGT of America.

The former Assistant Superintendent ofBusiness Operations for the Mobile CountyPublic School System may not representclients, including his employer (MGT ofAmerica) before the Mobile County PublicSchool System for a period of two yearsafter he leaves such employment.

Mr. Charles H. WillcoxAdvisory Opinion No. 2005-17Page two

Dear Mr. Willcox:

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.

OUESTION PRESENTED

May the fonner Assistant Superintendent of Business Operations for the Mobile CountyPublic School System accept employment with an entity with whom he had limited businessdealings, prior to the expiration of two years following his retirement?

FACTS AND ANALYSIS

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

Charles H. Willcox is the fonner Assistant Superintendent of Business Operations for theMobile County Public School System. He retired on December 1,2003.

In late 2002 or early 2003, a member of the Mobile County School Board gave himinfonnation on a consulting group named MGT of America. MGT of America conducts schooldistrict perfonnance audits. This board member had received the infonnation at a nationalschool board conference and wished Mr. Willcox to explore the idea of engaging this finn.

Mr. Willcox states that after some initial conversation, he convinced the Superintendentthat MGT of America should be invited to make a presentation to the full board in a FinanceCommittee meeting. On November 3, 2003, a presentation was made.

Mr. Willcox states that nothing further was done in pursuing a contract with MGT ofAmerica before he retired on December 1,2003.

Sometime in 2004 or early 2005, Mr. Willcox noticed that on the school board agenda,published in the local newspaper, a consulting agreement with MGT of America was beingproposed by the Superintendent. Mr. Willcox states that it was defeated at that meeting, and hedoes not believe it has come before the board since.

Mr. Willcox is concerned that since he was the original contact person bringing this finnto the school board for consideration, this may prevent him from accepting employment as a sub-consultant with MGT of America prior to the expiration of two years from his retirement date ofDecember 1, 2003.

Mr. Charles H. WillcoxAdvisory Opinion No. 2005-17Page three

The Alabama Ethics Law, Section 36-25-1(23), Code of Alabama. 1975, defines a publicemployee as:

"(23) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities, including governmentalcorporations and authorities, but excluding employees of hospitals or other healthcare corporations including contract employees of those hospitals or other healthcare corporations, who is paid in whole or in part ftom state, county or municipalfunds. For purposes of this chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providingprofessional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

Section 36-25-13(b) states:

"(b) No public employee shall serve for a fee as a lobbyist or otherwise representclients, including his or her employer before the board, agency, commission, ordepartment, of which he or she is a former employee for a period of two yearsafter he or she leaves such employment. For the purposes of this subsection, suchprohibition shall not include a former employee of the Alabama judiciary who asan attorney represents a client in a legal, non-lobbying capacity."

Somewhat analogous to this request are Advisory Opinions No. 2001-46 and No. 2003-03, which hold that:

"An Environmental Planning Specialist III with ALDOT may not provideenvironmental consulting services to private entities with which he was personallyinvolved as project manager on behalf of ALDOT, or otherwise involved in thecontractual process for a period of two years after retiring, or for two years afterhaving had personal involvement with that entity, whichever time period islonger."

"A Civil Engineer with the Alabama Department of Transportation (DOT) mayseek and accept employment with a private engineering firm; provided, that he hasnot personally participated in the direct regulation, audit or investigation of thatfirm for a period of two years after leaving public service, or for two years afterhaving personally participated in the direct regulation, audit, or investigation ofthat private entity, whichever time period is longer."

Mr. Charles H. WillcoxAdvisory OpinionNo. 2005-17Page four

In the facts before the Commission,while Mr. Willcox had initial contact with MGT ofAmerica sometime in 2003, no action was taken towards a contract between the Mobile CountyPublic School System and MGT of Americauntil well after Mr. Willcox retired.

Based on the facts as provided and the above law, the former Assistant Superintendent ofBusiness Operations for the Mobile County Public School System may accept employment as asub-consultant with MGT of America, prior to the expiration of two years after leaving the schoolsystem, when his previous dealings with MGT of America led to no business or contract betweenthe school system and MOT of America.

Further, the former Assistant Superintendent of Business Operations for the MobileCounty Public School System may not represent clients, includinghis employer (MGT ofAmerica) before the Mobile County Public School System for a period of two years after heleaves such employment.

CONCLUSION

The former Assistant Superintendent of Business Operations for the Mobile County PublicSchool System may accept employmentas a sub-consultant with MGT of America,prior to theexpiration of two years after leaving the school system, when his previous dealings with MGT ofAmerica led to no business or contract between the school system and MOT of America.

The former Assistant Superintendent of Business Operations for the Mobile County PublicSchool System may not represent clients, includinghis employer (MOT of America)before theMobile County Public School System for a period of two years after he leaves such employment.

AUTHORITY

By 3-0-1vote of the Alabama Ethics Commission on June 1,2005.

AlabamaEthics Commission

--