STATE OF ALABAMA

ETHICS COMMISSIONMAILING ADDRESS

P.O. BOX4840MONTGOMERY,AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTHUNIONSTREET

SUITE 104MONTGOMERY.AL36104COMMISSIONERS

John H. Watson, ChainnanLewis G. adorn, Jr., Esq., Vice-ChairmanRussell Jackson Drake, Esq.J. Harold Sorrells

Raymond L. Bell, Jr., Esq.

James L. Sumner, Jr.Director

September 6, 2000 TELEPHONE (334) 242-2997

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

ADVISORY OPINION NO. 2000-43

Marcia A TeelAdministrator IAlabama Medicaid Agency2925 Plum StreetMontgomery, Alabama36107-2832

Conflict Of Interests!Administrator I WithThe AlabamaMedicaid Agency AcceptingPart-Time Employment ReviewingMaterialsFor Literacy Content.

An Administrator I with the AlabamaMedicaid Agency, whose job responsibilitiesinclude writing and reviewing materials thatMedicaid sends to its low literacy recipients,may accept part-time employmentwith acompany to review their materials forliteracy content, when the materials reviewedhave no relation to the AlabamaMedicaidAgency or her duties with the AlabamaMedicaid Agency~provided, that allworkdone in conjunction with her part-timeemploymentis done on her own time,whether after-hours, weekends, etc.~and,that there is no use of any public equipment,facilities, time, materials, human labor orother public property under her discretion orcontrol to assist her in conducting the part-time employmentor in obtainingopportunities for part-time employment.

Should the Administrator I with the AlabamaMedicaid Agency retire and set up a businessas a consultant, she may not, for a

Marcia A. TeelAdvisory OpinionNo. 2000-43Page two

period of two years after retiring, representclients as a consultant back before theAlabamaMedicaid Agency.

Dear Ms. Teel:

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

QUESTION PRESENTED

Mayan Administrator I with the Alabama Medicaid Agency,whose job responsibilitiesinclude writing and reviewing materials that Medicaid sends to its low literacy recipients, acceptoutside employmentwith a company reviewing their materials for literacy content?

FACTS AND ANALYSIS

The facts as have been provided to this Commissionare as follows:

Marcia A. Teel is an Administrator I with the AlabamaMedicaid Agency. Part of herduties in the Marketing and Education Unit of the BeneficiarySupport Division include writingand reviewing materials that Medicaid sends to its low literacy recipients. She primarily reviewsmaterials for low literacy content that pertain to the programs covered by Medicaid, such as thecovered services handbook for Medicaid recipients, brochures on hospice care, the pregnantwomen and children's program, the well-childcare program and the maternity care program.

Several weeks ago, an employee in another divisionof Medicaid, mentioned that acompany that she had talked to at a conference did not have anyone to look at their materials forliteracy content. Ms. Teel contacted the company and spoke with them about possiblyreviewingsome of their materials for literacy content. Ms. Teel states that, in her position with Medicaid,she has no contact with this company and, to the best of her knowledge, this company does notnow, nor have they ever had a contract with Medicaid. She states that her understanding is,should she be allowed to accept the outside employment, the materials she would be reviewingpertain to asthma disease management. She states that she has never reviewed materialspertaining to disease management while at Medicaid.

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

Marcia A TeelAdvisory Opinion No. 2000-43Page three

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

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employeebetween 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 trom the manner it affects the othermembers of the class to which he or she belongs."

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 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."

Marcia A. TeelAdvisory OpinionNo. 2000-43Page four

Section 36-25-13(b) states:

"(b) No public employee shall serve for a fee as a lobbyist or otherwise representclients, includinghis 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 shallnot include a former employee of the Alabamajudiciary who as anattorney represents a client in a legal, non-lobbying capacity."

Section 36-25-13(c) states:

"(c) No public official,director, assistant director, department or divisionchief,purchasing or procurement agent having the authority to make purchases, or anyperson who participates in the negotiation or approval of contracts, grants, orawards or any person who negotiates or approves contracts, grants, or awardsshall enter into, solicit, or negotiate a contract, grant, or award with thegovernmental agency of which the person was a member or employee for a periodof two years after he or she leaves the membership or employment of suchgovernmental agency."

Section 36-25-13(d) states:

"(d) No public officialor public employeewho personallyparticipates in the directregulation, audit, or investigation of a private business, corporation,partnership, or individualshallwithin two years of his or her departure ftom suchemployment solicit or accept employmentwith such private business, corporation,partnership, or individual."

In her request, Ms. Teel has set forth three specificquestions. They are as follows:

1) "Would it be a conflict of interests if I worked part-time at home and on weekendsas a consultant reviewingmaterials for literacy content with this or any othercompany?"

2) "Would it be a conflict of interests if I decided to advertise as a consultantreviewing materials for literacy content through the Internet?"

3) "After I complete my tenure as a State employee (I presently have 20 years withthe State), would it be a conflict of interests if I became a consultant reviewingmaterials for literacy content?"

Marcia A. TeelAdvisory OpinionNo. 2000-43Page five

The Alabama Ethics Law does not prohibit public officialsand public employees fromhaving outside employment interests, provided, a conflict of interests does not exist.

In the facts before the Commission,Ms. Teel may accept outside employmentwith abusiness reviewing their materials for literacy content, provided:

1) that the materials reviewed have no relation to the AlabamaMedicaid Agency orher duties with the AlabamaMedicaid Agency;

2) that all work done in conjunction with her part-time employment is done on herown time, whether after-hours, weekends, etc.;

3) that there is no use of any public equipment, facilities,time, materials, human laboror other public property under her discretion or control to assist her in conductingthe part-time employmentor in obtaining opportunities for part-time employment;and,

4) that, should Ms. Teel retire and set up a business as a consultant, she not, for aperiod of two years after retiring, represent clients as a consultant back before theAlabamaMedicaid Agency.

CONCLUSION

An Administrator I with the AlabamaMedicaid Agency,whose job responsibilitiesincludewriting and reviewingmaterials that Medicaid sends to its low literacy recipients, may accept part-time employment with a company to review their materials for literacy content, when the materialsreviewed have no relation to the AlabamaMedicaid Agency or her duties with the AlabamaMedicaid Agency; provided, that all work done in conjunction with her part-time employment isdone on her own time, whether after-hours, weekends, etc.; and, that there is no use of any publicequipment, facilities,time, materials, human labor or other public property under her discretion orcontrol to assist her in conducting the part-time employmentor in obtaining opportunities forpart-time employment.

Should the Administrator I with the Alabama Medicaid Agency retire and set up abusiness as a consultant, she may not, for a period of two years after retiring, represent clients asa consultant back before the AlabamaMedicaid Agency.

Marcia A. TeelAdvisory OpinionNo. 2000-43Page six

AUTHORITY

By 5-0 vote of the Alabama Ethics Commissionon September 6,2000.

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