Alabama Ethics Commission commissioners want closer look at ‘revolving door’ issue

The Alabama Ethics Commission Wednesday delayed consideration of an advisory opinion that said the state’s ethics laws do not prevent a former state agency worker from establishing a business with clients seeking to contract with the same state agency.

Several members expressed concerns that the opinion would clash with precedent. The commission has previously said the Alabama Ethics Act does not prohibit an individual previously employed with a state agency from hiring someone to deal directly with the agency. But the state’s “revolving door” provision prevents that individual from representing clients directly with the agency who want to provide services.

“I don’t see much of a difference,” said Carole Smitherman, one of the commissioners, during the meeting. “There is a thin line there.”

The opinion concerns Antwionne Dunklin, a product licensing director with the Alabama Department of Insurance, who plans to retire in the next year or so, according to Brian Paterson, chief counsel for the Alabama Ethics Commission.

After retiring, Dunklin plans to start a consulting firm providing services to the department and to clients conducting business before it.

The Alabama Ethics Act does not prohibit someone from providing paid services to an agency that previously employed them, according to Paterson. Previous advisory opinions have said that state law does not prohibit former public employees from starting consulting businesses so long as the individual does not deal directly with the agency when representing their clients’ interests until two years after leaving their post.

Current commissioners took issue with that interpretation by previous commissioners.

“I see a distinction in the situation where a government employee goes to work for a large company that has hundreds of employees, the ALDOT (Alabama Department of Transportation) scenario, versus a situation where an employee leaves, forms a business that has one employee, and tells that employee to solicit work,” said Greg Pierce, vice chair of the commission, during the meeting.

Paterson said staff would evaluate the matter further for commissioners to consider at the next meeting.