Alabama Attorney General Opinion 1979-0074

OFFICE OF THE ATTORNEY GENERAL 17 61-opoimz ADMINISTRATIVE GUMMING 16 NORTH UNION STREET NIONTECRERY, ALABAMA 36115 AREA.t2O5E 834-5150 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR. EXECUTIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT mr. Seth Hammett Representative, District 75 P. 0. Box 1418 Andalusia, Alabama 36420 Legislators - Use of federal funds -- CETA-PSE program -- No conflict in use of CETA funds where workers not subject to political activity. Dear Mr. Hammett: Your request for opinion dated January 26, 1979, pertaining to activities through the CETA-PSE program, has been re- ceived as follows: "I serve in the dual capacity as State Repre- sentative from the 75th House District (encom- passing most of Covington County) and as Dean of Administrative Affairs at Lurleen B. Wallace State Junior College at Andalusia, Alabama. (I am not paid by the College for those days I serve in the Legislature). The College was recently notified that $80,000 has been awarded through the CETA-PSE Program to employ 22 individuals at certain salaries for the period February 1 through September 30, 1979. As specified in the approved program, several of the workers will Mr. Seth Hammett Page Two "be assigned by the Program Coordinator to work under the supervision of persons who report to me. Under the agreeMent I have arranged with the Program Coordinator (Dr. James D. Krudop, Dean of Student Affairs) Dr. Krudop will screen applicants and refer them to the supervisors who report to me. The reason for my concern is a statement found in the PSE Agreement Specifications that states in part under item six the following: 6. No participant may be employed or outstationed: a. in the office of a Congressman or state or local legislator; in a legislative capacity on any legisla- tive committee or staff; c. in positions involving political activities in the offices or other elected or appointed officials. I have discussed this matter with Mr. Jim Route, Director of the CETA Program for the State of Alabama, and he has assured me that I will be in no way in violation of the program guidelines. However, I would sincerely appreciate a thorough review of this matter and your comments relative to the legality of this agreement. I am working under a very tight time frame in that program begins on February 1st." It is the opinion of this office that, based upon the activities presented in your request, which relate to the use of the funds granted, such use does not run contra to the specifications recited under item 6 in the PSE Agreement, namely: Mr. Seth Hammett Page Three "6. No participant may be employed or outstationed: a. in the office of a Congressman or state or local legislator; b. in a legislative capacity on any legislative committee or staff; c. in positions involving political activities in the offices of other elected or appointed officials." Therefore, there would be no conflict in your position as a member of the Legislature of Alabama and as Dean of Adminis- trative Affairs at Lurleen B. Wallace State Junior College at Andalusia, Alabama and the participation in the federal grant. It is hoped that the above conclusion will permit your activities and those related to the CETA-PSE program to be carried out. Yours very truly, CHARLES A. GRADDICK Atto by- Rand General 61rtnr1,444:-N, h G. Lurie Assistant Attorney General RGL:cd