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STATE OF ALABAMA

MAILING

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ADDRESS

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RSAUNION
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100 NORTH

36103-4840

COMMISSIONERS
Brig Gen (R) Edward F. Crowell (USAF),
V. Larkin Martin, Vice-Chair

ETHICS COMMISSION

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-

UNION

SUITE
MONTGOMERY,

STREET

104

Thomas B, Albritton
Director

AL 36104

Chair

James Jerry Wood, Esq.

Stewart Hill Tankersley, M,D,
Jerry L. Fielding, Ret. Sf. Circuit Judge

August 5, 2015

TELEPHONE (334) 242-2997

FAX (334) 242-0248
WEB SITE: www.ethics.alabarna.gov

ADVISORY OPINION NO. 2015-14

Mr. Edward A. "Ted" Hosp

Attorney
Maynard, Cooper and Gale
445 Dexter Avenue, Suite 8040
Montgomery, Alabama 36104
Use Of Office For Personal Gain/Member
Of Legislature Advocating For The Lesbian,
Gay, Bisexual, And Transgender (LGBT)
Community
A member of the Alabama House of
Representatives may advocate for the
Lesbian, Gay, Bisexual, and Transgender
(LGBT) community and may sponsor and
vote on legislation affecting the LGBT
community while serving as the Director of
HRC Alabama, as her advocacy actions will
be issue-based and will not provide any
personal benefit to herself or her employer,
HRC Alabama, However, should issues that
uniquely affect her employer or herself
appear before the Legislature, the legislator
may not vote, attempt to influence or in any
manner participate in those issues,
Use Of Office For Personal Gain/Member
Of Legislature Advocating At The County
And Municipal Levels Of Government
A member of the Alabama Legislature may
engage in efforts to convince county and
municipal governments to adopt measures
that would benefit the LGBT community

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page two

while serving in the Legislature, as her actions will

be issue-oriented, and will not provide a personal
benefit to herself or her employer, HRC Alabama.
However, should issues that uniquely affect her
employer or herself be present in her dealings with
county and municipal governments, the legislator
may not vote, attempt to influence or in any manner
participate in those issues.
A member of the Alabama Legislature, who is
employed by HRC Alabama, may not solicit
lobbyists to contribute to the non-profit
organization, as a public official may only solicit a
lobbyist for a campaign contribution.
A member of the Alabama Legislature, who is
employed by HRC Alabama, may not solicit entities
with matters pending before the Legislature, as they
may feel coerced into contributing to the non-profit
organization.

Dear Mr. Hosp:

The Alabama Ethics Commission is in receipt of your request for a formal Advisory
Opinion of this Commission, and this opinion is issued pursuant to that request.

QUESTIONS PRESENTED
1) Is it a conflict of interest for a member of the Alabama House of Representatives to
advocate for the Lesbian, Bisexual, Gay and Transgender (LBGT) community and
sponsor and vote on legislation affecting the LBGT community while serving as the
Director of Human Rights Campaign Alabama (HRC)?
2) Is it a conflict of interest for a member of the Alabama House of Representatives to
advocate for the LBGT community while dealing with county and municipal
governments?
3) Maya member of the Alabama House of Representatives, who serves as the Director of
HRC Alabama, be involved in fundraising activities on behalf of her employer?

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page three

FACTS AND ANALYSIS

The facts as have been presented to this Commission are as follows:
Ted Hosp is an attorney with the law firm of Maynard, Cooper and Gale. He represents
Patricia Todd and the Alabama Human Rights Campaign.
Patricia Todd is a State Representative elected to serve District 54 in the Alabama House
of Representatives. The District she represents is located in Jefferson County, and includes
portions of the cities of Birmingham, Centerpoint and Irondale. She was first elected in 2006
and has been re-elected to two additional terms, most recently in 2014. Representative Todd is
the only openly gay or lesbian member of the Alabama Legislature.
Since before being elected to office, Representative Todd has been an active advocate for
the Lesbian, Gay, Bisexual and Transgender community (LGBT community) in Alabama - a
community of which she is a member. Following her election to the House of Representatives,
she continued to advocate for the LGBT community in the Statehouse. She has sponsored or cosponsored numerous measures which sought to vindicate or protect the rights of the LGBT
community, including:

Legislation that would impose additional penalties for crimes that are based on a victim's
sexual orientation (Hate Crimes Legislation):
o
o
o

HB513 (2010 Regular Session)

HB247 (2011 Regular Session)
HB28 (2012 Regular Session)

Legislation that would require school boards to expand their anti-harassment policies to
include protection for students based on sexual orientation and gender identity:
o HB226 (2010 Regular Session)

Legislation that would protect state employees and teachers from discrimination based on
sexual orientation and gender identity:
o
o

HB273 (2011 Regular Session)

HB26 (2012 Regular Session)

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page four

Legislation that would remove negative statements regarding homosexuality from the
State's required sex education curriculum:
o
o
o
o

HB444 (2012) Regular Session)

HB22 (2013) Regular Session)
HB496 (2013 Regular Session)
HB252 (2015 Regular Session)

Legislation to repeal the State's ban on same sex marriage:

o
o

HB40 (2014 Regular Session)

HB249 (2015 Regular Session)

Prior to April 2015, Representative Todd was employed by AIDS Alabama. In April
2015, Representative Todd was hired by The Human Rights Campaign of Alabama (HRC
Alabama). Human Rights Campaign (HRC) is a national advocacy group with volunteer
Steering Committees located in 21 states and offices and full-time staff located in three states:
Alabama, Arkansas and Mississippi. HRC actively advocates for the LGBT community at the
federal, state and local government levels. Representative Todd was hired as the Alabama HRC
Director. HRC is a non-profit 501(c)(4) organization. It does not do business with, nor seek
contracts with, governmental entities. Rather, it seeks to advance the interests and rights of the
LGBT community.
In her role as a State Representative, Representative Todd intends to continue to advocate
for the LGBT community, though she will not lobby state officials as a part of her job function
as HRC Alabama Director. She expects, however, to introduce legislation that is supported and
in many cases drafted and advocated for - by HRC. She anticipates seeking the votes of other
members of the House and Senate in support of such legislation. She also expects to speak in
favor of this legislation publicly, in committees and on the floor of the House of Representatives.
Further, Representative Todd anticipates working against legislation that she views as harmful to
the LGBT community, and expects to undertake all of the above activity (seeking votes,
speaking out and voting) with regard to such legislation. This advocacy on behalf of the LGBT
community is expected by her constituents and is consistent with her past work as an Alabama
citizen and legislator.
In her role as HRC Alabama Director, Representative Todd will be expected to engage in
several activities. She will be required to manage and supervise the HRC Alabama staff. She

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page five

will be in charge of all administrative tasks for HRC Alabama. She will engage in educational
work. She will be expected to seek contributions - i.e. fundraise - from private parties in
Alabama. She will serve as the spokesperson for the group on issues affecting the LGBT
community. She will seek local ordinances and resolutions that support and protect the rights of
members of the LGBT community from county and municipal governments.
Representative Todd's duties as Director ofHRC in Alabama specifically do not include
lobbying for or against legislation on their behalf.
With regard to her compensation, Representative Todd was hired by HRC as a salaried
employee. She is not eligible for any performance related bonuses. In fact, she is not eligible for
any bonuses at all. Thus, to the extent that HRC Alabama under her leadership is successful or
unsuccessful in advancing HRC's interest before local governments, she would not be entitled to
either additional or decreased compensation. Representative Todd will be evaluated annually
and the organization will make a determination each year - as all employers do - as to whether
to continue her employment.
HRC's evaluation of Representative Todd will not include an evaluation of her ability to
have particular measures adopted by any governmental entity or subdivision in Alabama. She
will be responsible for developing the organization's overall strategic plan, and she will be
evaluated on her ability to develop that strategy and to manage and utilize the organization's
resources to effectuate that plan. This will include managing the efforts of other staff members,
consultants and volunteers in their efforts to achieve HRC's goals. However, Representative
Todd's job performance will not be judged - and her continued employment will not be based on the adoption (or failure) of measures sought by the organization at any level of Alabama
government.
Representative Todd seeks an opinion of the Ethics Commission with regard to two sets
of activities:
Representative Todd's State Legislative Activities:
First, Representative Todd seeks an Opinion acknowledging that she may continue to act
as she always has specifically with regard to her duties as a State Representative, and that in that
capacity she may continue to serve as an advocate for the LGBT community.
The Ethics Act uses the term "conflict of interest" in several places. Section 36-25-5(b)
specifically prohibits a legislator, when acting in their legislative capacity, from taking action on
a measure when she knows that she has a conflict of interest. That section first contains,
however, a very broad statement of what legislators are permitted to do when acting in their
capacity as a public official. The section states:

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page six

"Unless prohibited by the Constitution of Alabama of 1901, nothing herein shall be

construed to prohibit a public official from introducing bills, ordinances, resolutions or
other legislative matters, serving on committees, or makirig statements or taking action in
the exercise of his or her duties as a public official. A member of a legislative body may
not vote for any legislation in which he or she knows or should have known that he or she
has a conflict of interest."
In addition, Section 36-25-5(t) contains a definition of the term "conflict of interest" for
legislators, which Mr. Hosp states must logically be applied to an alleged violation of 36-255(b). Section 5(t) states that:
"A conflict of interest shall exist when a member of a legislative body, public official, or
public employee has a substantial financial interest by reason of ownership of, control of,
or the exercise of power over any interest greater than five percent of the value of any
corporation, company, association, or firm, partnership, proprietorship, or any other
business entity of any kind or character which is uniquely affected by proposed or
pending legislation; or who is an officer or director for any such corporation, company,
association, or firm, partnership, proprietorship, or any other business entity of any kind
or character which is uniquely affected by proposed or pending legislation."
Mr. Hosp argues that based on these Code sections, it appears clear that under the Ethics
Act, Representative Todd does not have a conflict of interest with regard to legislation that HRC
may advocate for or against for several reasons.
Mr. Hosp claims that Representative Todd has no financial interest, substantial or
otherwise, in HRC Alabama, nor is she an officer, director, or the owner of more than 5% of
HRC Alabama. Under the definition of a "conflict of interest," for a legislator acting in the
exercise of her duties as a legislator, Mr. Hosp argues that Representative Todd therefore has no
conflict.
Representative Todd is an employee ofHRC Alabama. However, the fact that
Representative Todd is an employee of HRC Alabama, makes HRC Alabama a business with
which she is associated. Section 36-25-1 (2) defines a business with which the person is
associated as:
"Any business of which the person or a member of his or her family is an officer, owner,
partner, board of director member, employee, or holder of more than five percent of the
fair market value of the business."

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page seven

As HRC Alabama is a business with which Representative Todd is associated,

Representative Todd may not use her position to take any action in her public capacity that
would provide a benefit directly to HRC Alabama.
Mr. Hosp further argues, however, that, while acting as a legislator, Representative Todd
is not capable of having a conflict under 36-25-5(f), even when acting on legislation on which
HRC has taken a position, because she does not fall within the language of that section.
Second, even assuming that Representative Todd could have
argues that the nature of the legislation in which HRC Alabama will
does not lead to the existence of a conflict as that term is defined by
conflict to exist, a business in which the legislator has a "substantial
"uniquely affected by proposed or pending legislation."

a conflict of interest, he
take an interest
36-25-5(f). In order for a
financial interest" must be

On September 5, 1985, the Supreme Court rendered OPINION OF THE JUSTICES NO.
317. This opinion related to whether legislators, who were employed and paid by the public
education system, or whose spouses were so employed and paid, could constitutionally vote on a
bill granting a pay raise for employees of the public education system. The Justices stated that:
"Legislators employed and paid by the public education system, or those whose spouses
are so employed and paid, could constitutionally vote on the bill granting a pay raise for
public education system employees, so long as the bill did not affect any such legislator
in a way different from the way it affected the other members of the class to which he
belonged. "
The Court went on to state that:
"The wheels of government would stop if legislators could not vote on matters in which
they necessarily have remote personal interest by reason of being a member of the public
... Section 57 must be construed as restricting the right to vote only (as) to those
members who have peculiar special interest in legislation which will affect them in a
manner differently from the public or a proper classification of members of the public."
He argues, therefore, that as long as HRC's own interests will not be materially affected
by legislation that seeks to vindicate or protect the rights of the LGBT community in general,
and even if Representative Todd advocates for legislation in which HRC has a policy interest,
she would not be advocating for legislation that "uniquely affects" HRC or herself and, therefore,
her legislative actions would not violate the above sections.

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page eight

Representative Todd's Local Advocacy

Next, Representative Todd seeks an opinion stating that she may actively engage in
efforts to convince county and municipal governments to adopt measures that would benefit the
LGBT community. These measures would include, but are not limited to, anti-discrimination
ordinances and resolutions. Mr. Hosp states that these activities would not violate the Ethics Act
for the following reasons:
He states that, given the nature of the measures she will be seeking to advance before the
local governments, her actions fall squarely within her role as a state legislator. As noted above,
since being elected to the House of Representatives in 2006, Representative Todd has been an
outspoken advocate for the LGBT community. She has been so not only at the state level, but
with local, county and municipal governments and officials as well. The advocacy of policies
and laws at the local level that she has introduced and pushed for at the state level is consistent
with her role as an elected public official. This is particularly so where the measures she has
advanced are issue-based, and would not result in any financial gain to herself or to her
employer. Mr. Hosp states that, therefore, the rules set forth in 36-25-5(b) are equally
applicable to Representative Todd's activities at the local level, and such actions are permissible
under the Ethics Act. However, even if one assumed that 36-25-5(b) does not apply in these
circumstances, as demonstrated below, the absence of any possible gain still renders
Representative Todd's proposed activities within those allowed by the Ethics Act, according to
Mr. Hosp.
Mr. Hosp argues that if 36-25-5(b) is inapplicable, then while acting in her capacity as
Director of HRC Alabama, Representative Todd would be governed by Alabama Code 36-255(a). Based on the Code's definitions, it is clear that Representative Todd is a public official.
Further, it is clear that, as an employee of HRC Alabama, that organization is a business with
which Representative Todd is associated for the purposes of 36-25-5(a). Thus, the question
that must be resolved is whether the proposed activities - seeking ordinances and resolutions
from local governments that protect the rights of the LGBT community - somehow could be said
to generate gain either for Representative Todd or for HRC Alabama.
Although gain is not defined by the Code, various provisions of the law and past opinions
issued by the Ethics Commission, support the conclusion that the gain contemplated by the Act
certainly includes tangible financial gain. For example, 36-25-2(a)(3) of the Ethics Act states
that "no public office should be used for private gain other than the remuneration provided by
law." The use of the term "gain" in connection with "remuneration" supports the conclusion that
the gain sought to be prohibited by the Ethics Act is financial gain, i.e., "remuneration."

Mr. Edward A. "Ted" Hosp

Advisory Opinion o. 201S-14
Page nine

Further, while 36-2S-S(a) does not specify what gain is, it does state when gain occurs.
According to the section, "personal gain is achieved when the public official, public employee,
or a family member thereof receives, obtains, exerts control over, or otherwise converts to
personal use the object constituting such personal gain." Gain, as used in section Sea) therefore
contemplates money or some tangible item - an "object."
In conclusion, Mr. Hosp states that there is no potential financial gain either to
Representative Todd or to HRC Alabama based on the proposed course of action in this instance.
There simply is no money or "object" that would come to Representative Todd as a result of her
efforts to see resolutions or ordinances protecting the rights of the LGBT community adopted.
Because neither the official nor the business with which she is associated will achieve any gain,
there can be no violation of 36-2S-S(a), according to him.
The Alabama Ethics Law, Code of Alabama, 1975, Section 36-2S-1(27)
official as:

defines a public

"Any person elected to public office, whether or not that person has taken office, by the
vote of the people at state, county, or municipal level of government or their
instrumentalities, including governmental corporations, and any person appointed to a
position at the state, county, or municipal level of government or their instrumentalities,
including governmental corporations. For purposes of this chapter, a public official
includes the chairs and vice-chairs or the equivalent offices of each state political party as
defined in Section 17-16-2."
Section 36-2S-1 (2) defines a business with which the person is associated as:
"Any business of which the person or a member of his or her family is an officer, owner,
partner, board of director member, employee, or holder of more than five percent of the
fair market value of the business."
Section 36-25-5(a) states:

"No public official or public employee shall use or cause to be used his or her official
position or office to obtain personal gain for himself or herself, or family member of the
public employee or family member of the public official, or any business with which the
person is associated unless the use and gain are otherwise specifically authorized by law.
Personal gain is achieved when the public official, public employee, or a family member
thereof receives, obtains, exerts control over, or otherwise converts to personal use the
object constituting such personal gain."

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page ten

Section 36-25-5(b) states:

"Unless prohibited by the Constitution of Alabama of 1901, nothing herein shall be
construed to prohibit a public official from introducing bills, ordinances, resolutions, or
other legislative matters, serving on committees, or making statements or taking action in
the exercise of his or her duties as a public official. A member of a legislative body may
not vote for any legislation in which he or she knows or should have known that he or she
has a conflict of interest."
Section 36-25-5(f) states:
"A conflict of interest shall exist when a member of a legislative body, public official, or
public employee has a substantial financial interest by reason of ownership of, control of,
or the exercise of power over any interest greater than five percent of the value of any
corporation, company, association, or firm, partnership, proprietorship, or any other
business entity of any kind or character which is uniquely affected by proposed or
pending legislation; or who is an officer or director for any such corporation, company,
association, or firm, partnership, proprietorship, or any other business entity of any kind
or character which is uniquely affected by proposed or pending legislation."
Section 36-25-1 (8) defines a conflict of interest as:
"A conflict on the part of a public official or public employee between his or her private
interests and the official responsibilities inherent in an office of public trust. A conflict of
interest involves any action, inaction, or decision by a public official or public employee
in the discharge of his or her official duties which would materially affect his or her
financial interest or those of his or her family members or any business with which the
person is associated in a manner different from the manner it affects the other members
of the class to which he or she belongs."
Sections 36-25-2(a)(3) and (5) state:
"(a) The Legislature hereby finds and declares:
(3) No public office should be used for private gain other than the remuneration provided by
law.

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page eleven

(5) The attainment of one or more of the ends set forth in this subsection is impaired
whenever there exists a conflict of interest between the private interests of a public official or
a public employee and the duties of the public official or public employee."

Section 36-25-2(b) states:

"(b) It is also essential to the proper operation of government that those best qualified be

encouraged to serve in government. Accordingly, legal safeguards against conflicts of

interest shall be so designed as not to unnecessarily or unreasonably impede the service of
those men and women who are elected or appointed to do so. An essential principle
underlying the staffing of our governmental structure is that its public officials and public
employees should not be denied the opportunity, available to all other citizens, to acquire and
retain private economic and other interests, except where conflicts with the responsibility of
public officials and public employees to the public cannot be avoided."
As Mr. Hosp points out, HRC's own interests will not be materially affected by
legislation that seeks to vindicate or protect the rights of the LGBT community. Rather this
legislation will affect the rights of the members of the LGBT community itself: but not the
organization. Thus, when Representative Todd advocates for legislation in which HRC has an
interest, she will not be advocating for legislation that uniquely affects HRC.
Mr. Hosp's analysis of the Ethics Law is correct as relates to this specific set of facts.
Representative Todd claims that she will be dealing with issue-based matters and not matters
related to HRC specifically. In other words, she claims her advocacy will be designed to benefit
the LGBT community at large and not HRC Alabama or Patricia Todd as an individual.
While personal gain is not specifically defined within the Ethics Law, the gain should be
more than a merely theoretical, vague or remote gain and has been held by courts of this state to
include tangible or measurable gain to the public official or the business with which that public
official is associated. In the facts presented in this opinion, Representative Todd will be
involved in issue-oriented legislation designed to benefit all members of the LGBT community
and not just Representative Todd or HRC Alabama. She has stated that her compensation and
continued employment is in no way tied to the success or failure with any state or local
legislative body or legislation which HRC may draft or support, or HRC's agenda. Therefore, as
presented the position would not violate the Code's restrictions on use of position for personal
gain and would not otherwise be in conflict with her official duties. However, should an issue
arise in the Legislature whereby either Representative Todd or HRC Alabama is uniquely
affected, Representative Todd may not vote, attempt to influence or in any manner participate in
that issue. Of course, if the nature or terms of her employment, or the expectations of her
employer, change then our conclusions may, as well.

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page twelve

Representative Todd is cautioned, however, that whether she has used her position to
create personal gain for herself, etc. often turns on the facts as they exist at the time and is often
based on peoples' perception of an occurrence, and she is in the best position to monitor her own
conduct and is expected to do so. The reality is that Representative Todd cannot ignore the fact
that those with whom she deals will see her as an official regardless of what hat she is wearing.
For that reason she should be vigilant in protecting herself from situations in which that risk may
anse.
Relevant to this concern is an issue that was raised but the question not asked, and that
has to do with Representative Todd's responsibility for fundraising on behalf of HRC Alabama.
Section 36-25-5.1 prohibits a public official from soliciting a thing of value from a
lobbyist, subordinate of a lobbyist, or principal.
Section 36-25-23( c) prohibits a public official from soliciting anything, whether it is a
thing of value or not, from a lobbyist other than a campaign contribution. That section states as
follows:
"No public official, public employee, or group of public officials or public employees
shall solicit any lobbyist to give any thing whether or not the thing solicited is a thing of
value to any person or entity for any purpose other than a campaign contribution."
Even though Representative Todd will not be functioning in her capacity as a member of
the Legislature when soliciting, as noted, it would be difficult, if not impossible, for
Representative Todd to separate her position in the House from her position with HRC Alabama
to the individuals and entities solicited. In other words, regardless of how Representative Todd
intends a solicitation, she cannot control how the people or entities being solicited view her.
While she may attempt to solicit as the Director of HRC Alabama, the individuals and entities
solicited will still see her as a member of the Alabama Legislature, or that should be her
assumption.
Any solicitations done by Representative Todd on behalf ofHRC Alabama, therefore,
must be done in such a way as to prevent individuals or entities being solicited from feeling
coerced into contributing and to prevent her solicitations from otherwise violating the Act.
On October 6, 2004, the Commission rendered Advisory Opinion No. 2004-22, which
stated that:

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page thirteen

"Employees of the Alabama Crime Victims Compensation Commission may solicit

donations and prizes for the department's Victims' Fund Run through personal contact
and letters when all funds will be retained by the Commission for distribution to victims
of crime; provided, that vendors conducting business with the Alabama Crime Victims
Compensation Commission are not singled-out for donations, nor offered business in
return for donations; that there is no personal gain on the part of any employee of the
Alabama Crime Victims Compensation Commission; and, that the solicitations are made
in a general/generic way so that specific vendors do not feel coerced into contributing."
"In addition, employees of the Alabama Crime Victims Compensation Commission, as
public employees may not solicit lobbyists to contribute to the Victims' Fund Run."
As specifically relates to Representative Todd in her position in the Legislature,
Representative Todd is prohibited from soliciting donations from:
1) Lobbyists, subordinates of a lobbyist & principals;
2) Individuals or entities that have matters pending before the Legislature in which
Representative Todd, as a Legislator, will take official action.
3) Any other individual or entity that may feel coerced to contribute.
On October 5, 2011, the Commission rendered Advisory Opinion No. 2011-11, which
held that:
"Lobbyists and principals may contribute to any charitable or non-profit organization that
they so desire, regardless of whether or not public officials/public employees volunteer
for the organization or serve on its board. A public official/public employee may not
solicit a lobbyist to contribute to a charitable or non-profit organization."
"Public officials and public employees may, on behalf of a charitable organization, sign a
solicitation letter; provided, the solicitation letter is generic and is done in such a manner
that individuals or entities receiving the solicitation do not feel obligated to contribute."
"Public officials and public employees may not, even on behalf of a charitable
organization solicit any thing other than a campaign contribution from a lobbyist."
"Public officials and public employees may not exert undue influence over persons or
principals to contribute to a charitable organization, when those individuals solicited have
matters pending before the public body on which the public official serves or the public
employee is employed."

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page fourteen

Should Representative Todd, on behalf of HRC Alabama, sign a solicitation letter, even a
generic one which merely informs members of the public as to the purpose of HRC Alabama, it
must be done in such a way as to remove any type of pressure or coercion that may be perceived
by individuals receiving the letter and so as to make it clear that she is not soliciting a thing of
value from a lobbyist or principal or anything at all from a lobbyist.
In this scenario, the recipient list should be thoroughly vetted to make certain that no
lobbyists or principals will receive the letter. The letter should contain a disclaimer stating
something to the effect that if the individual receiving the letter is a lobbyist or principal, then it
was not intended for them to receive the letter and they should, therefore, disregard it; and if a
lobbyist or principal contributes after receiving this solicitation which would be coming from
Representative Todd, the donation should be returned. Unsolicited contributions to HRC in
general and not to Representative Todd are allowed of course, but it is Representative Todd's
obligation as a public official to police her own actions and that of her office to prevent
violations.
Finally and as a reminder, the restrictions of Section 36-25-23(a) would prevent her from
representing the interests of her employer, as distinguished from the broad issues they advocate
on behalf of the LGBT community, before any branch of state or local government while she is
an elected official and consistent with the revolving door prohibitions and our formal opinions,
but the facts presented indicate that she will not be doing so.

CONCLUSION
A member of the Alabama House of Representatives may advocate for the Lesbian, Gay,
Bisexual, and Transgendered (LGBT) community and may sponsor and vote on legislation
affecting the LGBT community while serving as the Director of HRC Alabama, as her advocacy
actions will be issue-based and will not provide any personal benefit to herself or her employer,
HRC Alabama. However, should issues that uniquely affect her employer or herself appear
before the Legislature, the legislator may not vote, attempt to influence or in any manner
participate in those issues.
A member of the Alabama Legislature may engage in efforts to convince county and
municipal governments to adopt measures that would benefit the LGBT community while
serving in the Legislature, as her actions will be issue-oriented, and will not provide a personal
benefit to herself or her employer, HRC Alabama. However, should issues that uniquely affect
her employer or herself be present in her dealings with county and municipal governments, the
legislator may not vote, attempt to influence or in any manner participate in those issues.

Mr. Edward A. "Ted" Hosp

Advisory Opinion No. 2015-14
Page fifteen

A member of the Alabama Legislature, who is employed by HRC Alabama, may not
solicit lobbyists to contribute to the non-profit organization, as a public official may only solicit a
lobbyist for a campaign contribution.
A member of the Alabama Legislature, who is employed by HRC Alabama, may not
solicit entities with matters pending before the Legislature, as they may feel coerced into
contributing to the non-profit organization.

AUTHORITY
By 4-1 vote of the Alabama Ethics Commission on August 5, 2015.

Brig. Oen (R) Edward F. Crowell

Chair
Alabama Ethics Commission