Ethically
Speaking
Mark Boardman
Attorney Boardman, Carr, Petelos, Watkins & Ogle P.C.
Do you want to retire, but want to remain active in your school or district? The Alabama Ethics Commission has revised its position and now allows a retiree who held a position of authority with a board of education to accept part-time hourly employment with the same board of education, without waiting two years. The Ethics Commission has made a change for smart public policy reasons. This is great news for CLAS members and for boards of education. These changes were made clear on December 2, 2020, in Ethics Commission Advisory Opinion 2020-07. This change renders incorrect my article in the Fall 2020 issue of CLAS School Leader. In that article, I addressed Advisory Opinions 2019-11, 2020-02, and 2020-03, which raised this possible change. As noted in the Fall 2020 article, the Ethics Commission then was applying an interpretation of the “two-year-revolving door” statute (found in Alabama Code Section 36-25-13(d)) which prevented an employee in a position of authority from immediately returning to work 16
Spring Issue 2022
