Ok, I’m not making the connection my supervisor is making related to my request for side work. I am a building inspector for a jurisdiction here in Alabama and would like to get my home inspector’s license for side work. I am familiar with the requirements to become a home inspector in Alabama and have a friend who does it full time, willing to allow me to go with him to perform inspections and write reports. I would not be performing home inspection in the same jurisdiction that I am a building inspector nor do I even live in the same county where I am building inspections. I actually commute an hour for work so it would be a completely different MLS and real estate agents. My supervisor stated to me that being home inspector would be a conflict of interest and violate the Alabama ethics law. I explained to him that I would not be working for any builder that I perform inspections for. I would be self employed and hired by potential buyers. Yes there are two builders that do build where I live but I have made it clear with the agents I know that out of an abundance of caution I would not perform home inspections for anyone looking to buy new construction from those builders. No reason to give the “perception” of an ethics violation. With all this being said I asked him to explain the potential violation and he couldn’t and just that it was a violation. To save some time along with the full document I have pasted the section of the Alabama Ethics Code that he has indicated I would be violating. Any of you ever experienced an issues like this? I have thought about just contacting the ethics commission myself but wanted to see what feedback I get from here. Please note, I am a current employee not a former employee so I don’t believe what section he stated would apply but this is why I attached the full document.
Section 36-25-13
Actions of former public officials or public employees prohibited for two years after departure.
(a) No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(b) No public employee shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, or department, of which he or she is a former employee for a period of two years after he or she leaves such employment. For the purposes of this subsection, such prohibition shall not include a former employee of the Alabama
judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(c) No public official, director, assistant director, department or division chief, purchasing or procurement agent having the authority to make purchases, or any person who participates in the negotiation or approval of contracts, grants, or awards or any person who negotiates or approves contracts, grants, or awards shall enter into, solicit, or negotiate a contract, grant, or award with the governmental agency of which the person was a member or employee for a period of two years after he or she leaves the membership or employment of such governmental agency.
(d) No public official or public employee who personally participates in the direct regulation, audit, or investigation of a private business, corporation, partnership, or individual shall within two years of his or her departure from such employment solicit or accept employment with such private business, corporation, partnership, or individual.
(e) No former public official or public employee of the state may, within two years after termination of office or employment, act as attorney for any person other than himself or herself or the state, or aid, counsel, advise, consult or assist in representing any other person, in connection with any judicial proceeding or other matter in which the state is a party or has a direct and substantial interest and in which the former public official or public employee participated personally and substantially as a public official or employee or which was within or under the public official or public employee's official responsibility as an official or employee. This prohibition shall extend to all judicial proceedings or other matters in which the state is a party or has a direct and substantial interest, whether arising during or subsequent to the public official or public employee's term of office or employment.
(f) Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2, referendum, ballot question, issue, or constitutional amendment.
(Acts 1973, No. 1056, p. 1699, §§11; Acts 1975, No. 130, §§1; Acts 1995, No. 95-194, p. 269, §§1.)
Section 36-25-13
Actions of former public officials or public employees prohibited for two years after departure.
(a) No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(b) No public employee shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, or department, of which he or she is a former employee for a period of two years after he or she leaves such employment. For the purposes of this subsection, such prohibition shall not include a former employee of the Alabama
judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(c) No public official, director, assistant director, department or division chief, purchasing or procurement agent having the authority to make purchases, or any person who participates in the negotiation or approval of contracts, grants, or awards or any person who negotiates or approves contracts, grants, or awards shall enter into, solicit, or negotiate a contract, grant, or award with the governmental agency of which the person was a member or employee for a period of two years after he or she leaves the membership or employment of such governmental agency.
(d) No public official or public employee who personally participates in the direct regulation, audit, or investigation of a private business, corporation, partnership, or individual shall within two years of his or her departure from such employment solicit or accept employment with such private business, corporation, partnership, or individual.
(e) No former public official or public employee of the state may, within two years after termination of office or employment, act as attorney for any person other than himself or herself or the state, or aid, counsel, advise, consult or assist in representing any other person, in connection with any judicial proceeding or other matter in which the state is a party or has a direct and substantial interest and in which the former public official or public employee participated personally and substantially as a public official or employee or which was within or under the public official or public employee's official responsibility as an official or employee. This prohibition shall extend to all judicial proceedings or other matters in which the state is a party or has a direct and substantial interest, whether arising during or subsequent to the public official or public employee's term of office or employment.
(f) Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2, referendum, ballot question, issue, or constitutional amendment.
(Acts 1973, No. 1056, p. 1699, §§11; Acts 1975, No. 130, §§1; Acts 1995, No. 95-194, p. 269, §§1.)
