Ethics Commission issues advisory opinions for municipalities and Alabama Board of Medical Examiners

The Alabama Ethics Commission approved several advisory opinions on Wednesday that allows the Alabama Board of Medical Examiners and local public officials to conduct business with private and nonprofit firms without violating the state’s ethics act.

Commissioners approved an advisory opinion that allows the board members of the Alabama Board of Medical Examiners to transact business with the Medical Association of the State of Alabama (MASA) and may be compensated to serve as reviewers for cases under consideration before the board.

The opinion also states that the executive director of the Alabama Board of Medical Examiners may transact business with MASA even though members of board are affiliated with the medical association.

“Here, the Commission understands that the Board of Medical Examiners cannot use their position to obtain the opportunity for the medical association that has been in place since before any of the members took their positions,” said Brian Paterson, chief counsel for the Alabama Ethics Commission. “And the Legislature specifically authorizes them to contract with the association, and to utilize its board members for medical review.”

Several of the members of the Board of Medical Examiners have worked on contracts with the medical association to provide their expertise.

However, the opinion states that members of the Board of Medical Examiners may not use their position to direct business to MASA, and requires William Perkins, executive director of the medical examiners board, to follow a procedure to have the board members abstain from any transactions.

“A copy of any contract that the medical association enters into any contract with the BME or that is otherwise to be paid in whole or in part with state, county, or municipal funds, must be filed with the Ethics Commission within 10 days after it is entered into,” the opinion states.

Board members may also review pending cases that the board of medical examiners are considering, so long as the board member “does not participate in any case that could result in personal gain for a family member, an associated business, or themselves other than a fee customarily paid for that service.”

Commissioners approved an advisory opinion requested by Brad Logan, executive director of Childersburg Parks and Recreation, to employ a family member of the mayor of the municipality so long as “the mayor is not involved in the hiring process and does not use his official position to assist his family member in being hired.”

They also approved an opinion that states the Alabama Ethics Act does not prohibit a member of a city council from allocating money to a nonprofit neighborhood association affiliated with the council member provided that the association so long as he is not affiliated with the association if it is a business.

Commissioners also approved an advisory stating that the Alabama Ethics Act does not prevent an Alabama Department of Transportation employee from operating a business nor transacting business with county or regional development organizations so long as it is on the person’s own time and the person does not use resources that belong to the agency.