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STATE OF ALABAMA

ETHICS COMMISSION

Henry B. Gray III, ChairmanCamille S. Butrus, Vice-Chairman

Helen Shores Lee, Esq.

H. Dean Buttram, Jr., Esq.James T. Pursell

MAILING ADDRESS

P.O. BOX 4B40MONTGOMERY. AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTH UNION STREET

SUITE 104

MONTGOMERY. AL 36104 James L. Sumner, Jr.Director

October 1, 1997TELEPHONE (334) 242-2997

FAX (334) 242-0248

ADVISORYOPINION NO. 97-91

JamesS. Christie, Jf.Attorney at LawBradley, Arant, Rose & White2001 Park Place, Suite 1400Birmingham, Alabama 35203-2736

Conflict Of Interests/Firefighters AcceptingSecondary Employment With AmbulanceCompanies,

A firefightermay accept secondaryemploymentwith an ambulancecompany~provided, that firefighter is not involved inthe regulating or inspecting of ambulancecompanies as a part of his primaryjobresponsibilitiesas a firefighter, nor may heuse his position as a firefighter to directbusiness to an ambulance company that heworks for in his off-duty hours,

Dear Mr. Christie:

The AlabamaEthics Commissionis in receipt of your request for an AdvisoryOpinion ofthis Commission, and this opinion is issued pursuant to that request.

QUESTION PRESENTED

May firefighte(Sin their off-duty time accept employmentwith ambulance companies?

-- JamesS. Christie,Jr.Advisory OpinionNo. 97-91Page two

FACTS AND ANALYSIS

James S. Christie, Jr. represents American Medical Response, an ambulance companylocated in Anniston, Alabama. The request for an opinion is based on the fact that there aremany firefighterswho do not work a normal 40-hour work week, but instead work 24 hours onand 48 hours off, who work part-time or desire to work in their off-time for ambulancecompames.

To support their families,many firefighterswork a secondjob as Emergency MedicalTechnicians (EMT) for ambulance companies. In some urban areas, half of the EMT's arefirefighters. Having local firefighters work as EMT's benefits the public by ensuring high qualityEMT's familiarwith the geographic area and resources and by providing many firefighterswithhelpful experience handling emergencies, as well as providing many firefighterswith necessarysupplemental income.

On August 26, 1997, the City of Anniston instructed its firefighters to cease working forambulance companies based on concerns that had been presented to the AlabamaEthicsCommission about possible Ethics Act violations. The City's instruction was based in part on anAugust 8, 1997 letter trom the AlabamaEthics Commission staff stating that based on theinformation then availableto the Ethics Commission,there appeared to be a conflict of interestsfor City firemen to work for a business that they inspected or over whom they had regulatoryauthority.

The applicable section of the AlabamaEthics Law is Section 36-25-5(e) which states:

"(e) No public officialor public employee shall, other than in the ordinary courseof business, solicit a thing of value trom a subordinate or person or business withwhom he or she directly inspects, regulates, or supervises in his or her officialcapacity."

Another area ofconcem involves City of Anniston OrdinanceNo. 96-0-16, whichauthorizes the Anniston Fire Department as well as officialstrom other State and local regulatoryagencies to inspect any vehicle that is providing emergency care. The ordinance provides thatthese inspections may be either announced or unannounced visits and will occur at least semi-annually.The ordinance requires that each vehicle's maintenancerecords shallbe availableforinspection at all times and that each EMS service shallhave on file, copies of all employees,ambulance driver or EMT licenses for inspection by the Anniston Fire Department or other Stateor local regulatory entities.

James S. Christie, Jr.Advisory OpinionNo. 97-91Page three

Walter F. LeFoy, the Anniston Fire Chief, interprets Ordinance No. 6-0-16, as making himresponsible for deciding which individualshandle inspection duties. In their request for anopinion, they state that generally Matt Lowery perfonns all ministerialinspections for the FireDepartment and that the Fire Chief purposefully does not assign any firefighter, who works forany ambulance company, any duties related to inspecting an ambulancecompany. Therefore, noAnniston firefighter both works for an ambulance company and inspects any ambulancecompany.

The Ordinance recognizes that the Anniston Fire Department is the designated EMScoordinating agency and is responsible for scene control of any and all ambulance servicesresponding to emergency calls and assumes scene command of all emergency scenes with theexception of police functions.

The Anniston City Ordinance also recognizes that the Anniston Fire Department has a rolein coordinating scene control. Upon arrival, the highest ranking EMT assumes responsibilityforpatient care, regardless of whether the EMT is an Anniston Fire Department employee or aprivate ambulance company employee. The role is not supervisory or regulatory, but is insteadmerely a coordinating role essential to protecting the public. In addition, the firefightersdo notdecide which ambulance service is called. The ordinance uses a call rotation system establishedbythe Calhoun County 911 Service. As indicated, the call rotation system is based on a 24-hourperiod and is designed to ensure fair and adequate coverage of ambulance service to the citizensof the City.

In his request for an opinion, Mr. Christie points out that EMT's are licensedby the StateBoard of Health and that ambulance service licenses are issued by the Director of the RevenueDepartment only after a certificate of need is issued by the Continuous Quality ImprovementCommittee. The ordinance provides that the Chief of Police investigate the facts set out in anapplication for a permit and not the Anniston Fire Department.

Under the ordinance, the Emergency Medical Services Continuous Quality Committee isgiven responsibility for regulating, monitoring, and reporting violations to the City Council. TheEmergency Medical Services Continuous Quality Committee is comprised of one representativeftom East Alabama Emergency Medical Service, two physicians, one ftom each of the emergencyreceiving facilities located within the City of Anniston, and the Fire Chief of the City of Annistonor his designee. The purpose of the CQI is to provide oversight of the ambulance servicesoperating within the City and to ensure that optimal patient care is availableto citizens ofAnniston. The City Council, in turn, is responsible for revoking permits, certificates, and licensesgranted to an ambulance service and not the Anniston Fire Department.

James S. Christie, Jr.Advisory OpinionNo. 97-91Page four

The AlabamaEthics Law, Code of Alabam~ 1975, Section 36-25-1(24) states:

"(24) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities,including governmentalcorporations and authorities, but excluding employees of hospitals or other healthcare corporations including contract employees of those hospitals or other healthcare corporations, who is paid in whole or in part from state, county or municipalfunds. For purposes of this chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providingprofessional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

Section 36-25-1(2) states:

"(2) BUSINESS WITH wmCH THE PERSON IS ASSOCIATED. Any businessof which the person or a member of his or her familyis an officer, owner, partner,board of director member, employee, or holder of more than five percent of thefair market value of the business."

Section 36-25-1(8) states:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employeebetween his or her private interests and the official responsibilitiesinherent in an office of public trust. A conflict of interest involves any action,inaction, or decision by a public officialor public employee in the discharge of hisor her officialduties which would materiallyaffect his or her financialinterest orthose of his or her familymembers or any business with which the person isassociated in a manner different from the manner it affects the other members ofthe class to which he or she belongs."

Section 36-25-2(b) states:

"An essentialprincipleunderlying the staffing of our governmental structure is thatits public officialsand public employees should not be denied the opportunity,available to all other citizens, to acquire and retain private economic and otherinterests, except where conflictswith the responsibilityof public officialsandpublic employees to the public cannot be avoided."

As a general rule, most firefighters in the State of Alabamawork a 24-hour shift followedby 48 hours of being off-duty. Therefore, most firefighters in the State work secondaryjobs.

James S. Christie, Jr.Advisory Opinion No. 97-91Page five

Because of their training and expertise, it is not uncommon for firefighters around theState to obtain secondary employmentwith ambulance companies as either drivers or EmergencyMedical Technicians.

The Ethics Law is designed to balance the best interests of the taxpayers of the State ofAlabama and those of individualswho have chosen to enter the public sector. The law sets outthat those individualsbest qualifiedto serve in the public sector should be encouraged to do so,and that public officialsand public employees should not be denied the opportunity availableto allother citizens to acquire and retain private economic and other interests; provided, conflicts withtheir public sector responsibilities, are not created.

Based on the facts as presented and the above law, it would not be a conflict of interestsfor a firefighter to work in his off-duty hours with an ambulancecompany; provided, thatfirefighter is not involved in the regulating or inspecting of ambulancecompanies. Further, afirefighter may not use his position with the Fire Department to direct business to an ambulancecompany for which he works in his off-duty time.

CONCLUSION

A firefighter may accept secondary employmentwith an ambulance company; provided,that firefighter is not involved in the regulating or inspecting of ambulance companies as a part ofhis primary job responsibilitiesas a firefighter,nor may he use his position as a firefighter to directbusiness to an ambulance company that he works for in his off-duty hours.

AUTHORITY

By 5-0 vote of the Alabama Ethics Commission on October 1, 1997.

HeChair _ _

AlabamaEthics Commission