AGO 661-07-00-.

• Case Date: September 20, 2006
• Court: Alaska

Alaska Attorney General Opinions 2006. AGO 661-07-00-. MEMORANDUMState of AlaskaDepartment of LawDATE: September 20, 2006File No. 661-07-00--TO: Designated Ethics SupervisorFROM: Judy BockmonAssistant Attorney GeneralTEL. NO.:269-5216FAX: 279-2834SUBJECT: Ethics Advice: Outside Employment DisclosureWe have review the outside employment disclosure form and related information provided by e-mail by Employee and considered your concern regarding whether her employment as a consultant by Company is in conflict with the proper discharge of her state duties. As you know, I also talked to Employee regarding her disclosures prior to your forwarding them to me. We understand that Employee is employed by Agency as a public information officer. She serves as the point of contact for inquiries from citizens, the media, other state officials, the legislature and members of the congressional delegation. She prepares the agency newsletter and may on occasion represent the agency at meetings with business or other governmental representatives and make public appearances on behalf of the agency. My research reflects that Employee is the sole proprietor of a private business. State online licensing records indicate that the business provides administrative, support, waste management, and remediation services. Employee did not identify her business by name in her outside employment disclosure. She listed Company as a client to whom she provides these same services. She also listed Organization as a client for which she does fundraising. She further disclosed that she may do political fundraising. It is not clear from the disclosure whether she undertakes the latter for compensation. The disclosure form requires an employee to explain why no potential conflict exists between disclosed outside employment and her official duties, if the employee's outside job duties are the same as or similar to her state service or if in the outside job, the employee deals with people or entities with whom she deals as part of her official duties. Employee noted: "No conflict - not same duties, no oil & gas @ [Agency] or solid waste; no vet or animal research; no fundraising." Finally, there is also a question regarding whether certain compensation for travel Employee received was a gift subject to disclosure under the Ethics Act. GENERAL LEGAL STANDARDS RELEVANT TO OUTSIDE EMPLOYMENT In enacting the Executive Branch Ethics Act, AS 39.52, the legislature recognized that public officers retain their rights to personal and financial interests and may follow independent pursuits so long as these interests and pursuits do not interfere with the public officer's full and faithful discharge of his or her state duties.(fn1) The Act prohibits a public employee from outside employment or service that "is incompatible or in conflict with the proper discharge of official duties."(fn2) Thus, the...