Alabama Attorney General Opinion 1979-0010

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 3613 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL January 22, 1979 File # 9 79-00010 Warren N. Richards Superintendent of Education Russell County Board of Education Russell County Courthouse P. O. Box 908 Phenix City, Al 36867 Schools - County Board of Education member may not be financially interested in any contract with the Board on Which he serves. Dear Mr. Richards: I have your letter in which you request an opinion of this office concerning whether a company which is owned 50% by a county board of education member and 50% by the board member's wife may bid on and be awarded a contract with the county board of education for personal property and/or services. Your question is answered in the negative. This ruling is based upon Section 4-16-60, Code of Alabama 1975. That code section clearly provides in pertinent part as follows: "No member or officer of... the city and county boards of education... shall be financially interested or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract for any personal property or contractual service, nor shall any person willfully make any purchase or award any contract in violation of the provisions of this article..." Warren N. Richards Page Two January 22, 1979 The penalty for violating this section is criminal conviction of a misdemeanor carrying a penalty of up to twelve months in jail or a fine up to $500 or both. It should be noted that this code section is part of the state bid law applicable to city and county boards of education. Thus, no exception is made to this statute in the event that the contract be let by public bidding. You should further note that under this statute, it is also illegal to award such a contract. Thus, it makes no difference under this statute whether or not the board member recuses himself from the board meeting when the contract is considered. Sincerely, CHARLES A. GRADDICK Attorney General By- Rosa G Hamlett ROSA G. HAMLETT Assistant Attorney General RGH/ca