1997 Alaska Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagak0002 and id is 1 raw text is: MEMORANDUM                                    State of Alaska
Department of Law
To: Designated Ethics Supervisor          DATE:     March 24, 1997
FILE No.:  661-97-0495
TEL. NO.:   269-5255
SUBJECT:   Outside Employment as
an   Assistant  Attorney   General
Engineer (Executive Branch
Ethics Act, AS 39.52)
FROM: Robert E. Mintz
Assistant Attorney General
Oil, Gas & Mining - Anchorage
You have asked for advice under AS 39.52.210 regarding an employee's
proposed outside employment. The employee is an engineer and proposes to do contract
engineering work on a part-time basis, on evenings and weekends. This memorandum
follows our previous oral advice.
GENERAL LEGAL PRINCIPLES RELEVANT TO OUTSIDE EMPLOYMENT
In enacting the Alaska Executive Branch Ethics Act (Ethics Act),
AS 39.52, the legislature recognized that people who serve as public officers retain their
rights to interests of a personal or financial nature, AS 39.52.1 10(a)(2), and that so long
as it does not interfere with the full and faithful discharge of an officer's public duties and
pursuits, the Ethics Act does not prevent an officer from following other independent
pursuits, AS 39.52.110(a). However, the Ethics Act prohibits a public employee from
engag[ing] in or accept[ing] employment outside the agency which the employee serves,
if the outside employment or service is incompatible or in conflict with the proper
discharge of official duties. AS 39.52.170(a). Thus, the central inquiry in evaluating
proposed outside employment is whether the employment would be incompatible or in
conflict with the employee's state job.
In addition, the Ethics Act establishes several other specific prohibitions of
which one must be particularly mindful when examining potential outside employment.
Alaska Statute 39.52.120 bars public officers from, among other things, seek[ing] other
employment or contracts through the use or attempted use of official position,
accept[ing], receiv[ing], or solicit[ing] compensation for the performance of official
duties or responsibilities from a person other than the state, or us[ing] state time,

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