1991-004
Faculty accepting free textbooks
Cite as Alaska Op. Att'y Gen. No. 1991-004
February 27, 1991
Complainant
Re: Faculty accepting free
textbooks
Our file: 663-91-0284
Dear Complainant:
This letter is in response to your letter of January 20,
1991 respecting a potential violation of the Executive Branch Ethics
Act (AS 39.52) created by the practice of faculty acceptance of
complimentary textbooks.
I have reviewed the correspondence that accompanied your
complaint, especially President Komisar's letter of December 3, 1990
to you.
It may be argued that a faculty member violates the act
whenever he/she accepts a textbook, knowing that the purpose of the
manufacturer is to influence that faculty member's choice of texts.
AS 39.52.130(a). I am persuaded, however, that there is no
substantial impropriety in this practice for several reasons:
(1)
the practice of textbook review in this fashion is
universal;
(2)
the individual faculty member has little financial
interest in the specific texts selected or rejected; and
(3)
to the extent a gift exists, it is a "gift" to the
university -- since it is the primary beneficiary (sample instruc
tional material is made available to the educational community at no
cost to the institution).
For the foregoing reasons we decline to investigate the
matter further. AS 39.52.310(d).
Very truly yours,
Bruce M. Botelho
Assistant Attorney General
BMB:tg
Complainant
February 27, 1991
Our file: 663-91-0284
Page 2
cc: Dr. Jerome Komisar, President
University of Alaska
202 Butrovich Bldg.
Fairbanks, AK 99775-5560
David Plaskett
Assistant Ombudsman
P. O. Box 74358
Fairbanks, AK 99707-4358