Ethically Speaking

Who Can Pay Seminar Fees and What Can You Keep When You Attend a Seminar?

Mark Boardman, Attorney Boardman, Carr, Petelos, Watkins & Ogle P.C.

In the last edition of CLAS School Leader, we discussed seminars. Now let’s examine who can pay the seminar expenses and what you can keep when you attend a seminar.

Even though you personally are the one obtaining the professional development credit, if your school system deems it as an appropriate expense, your school system can pay for your registration fee, meals, and accommodations, including if you travel out of state. Ethics Commission Advisory Opinion 2011-12, page 8. We all know that the Ethics Act prohibits a public employee or public official from receiving a “thing of value” for the purpose of corruptly influencing the employee or official and that a public employee or official cannot use their position or office for personal gain. But reimbursement of expenses is not personal gain. Likewise, even if you obtain very valuable property given to you free for your attendance at the conference, you may keep it, unless there is a particular policy of your board of education which requires you to give it to the school system. For example, in 2008, the

Alabama Ethics Commission issued Advisory Opinion 2008-06 discussing two state programmer analysts who attended a technical conference held by Microsoft. Microsoft gave out promotional/not for resale versions of its new software to all attendees. The software was valued at almost $300. The only requirement to obtain the software was to attend the event. The Ethics Commission held that the two state employees who attended could keep the software. The key was that everyone who attended the seminar received the $300 software in exchange for nothing more than registering and attending the event. Nothing was expected from the public employee or official by Microsoft. (Further, this being Microsoft, attendance at this conference in Atlanta was free, as Microsoft did not charge any registration fees!)

Thus, the handout you receive while attending a continuing education seminar is yours to keep. You are not required to turn it into the board, unless the board has a specific policy stating such.

The same is true for rewards and door prizes, given by random drawing, to attendees at the conference. Since it commonly happens at our conferences that those who wait till the very end may receive a door prize (You have to be present to win!), the Alabama Association of School Boards sought an opinion from the Ethics Commission to make sure this complied with the Ethics Act. The Commission approved of public employees and officials keeping door prizes, provided nothing is required of the employee or official to be eligible for the door prize, other than registration and attendance. Advisory Opinion 2011-12, page 9. This rule is long-standing. The Ethics Commission also relied on the Legislature’s determination that a “thing of value” does not include “[r] ewards and prizes given to competitors in contests or events, including random drawings, which are open to the public.” Alabama Code Section 36-25-1(34)(b)(7)

Public employees and officials may also keep promotional items that have little or no monetary value and exist for the purpose of advertising, public relations, or goodwill. Advisory Opinion 2011- 09, page 10. Even door prizes more expensive than the $300 software are yours to keep, if you win that door prize. In Advisory Opinion 2005-14, the door prize was cash, and the Ethics Commission allowed the public official to keep it. In Ethics Commission 2000-63, the door prize was ten $100 American Express gift certificates and the public employee could keep it. 2

Apparently, it is wise to remain to the end of the seminar for the door prize! Enjoy the seminar!