Ethically Speaking

Friends in High Places

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

Garth Brooks has friends in low places, and he seems proud when singing about it.

As a CLAS member, you have friends in high places. May you legally introduce your adult children, who are seeking employment, networking, and interviewing, to your friends in high places? And are prospective employers restricted in their ability to employ your child merely because your child is related to you, a public official or public employee?

The Ethics Act is designed to prevent the use of public office for personal gain, thereby maintaining the integrity of government. The reward of a job, of course, would be personal gain. Whether you are a public employee or public official, your child is regulated by the Ethics Act.

Yet, the Alabama Ethics Commission in Advisory Opinion 2015-11, wrote that the Ethics Act “does not prohibit the family members of public officials or public employees from seeking employment in their chosen field on the same terms as others who may apply.” The Ethics Commission wrote this to Alabama District 58 Representative Oliver Robinson. Representative Robinson’s daughter graduated with a law degree and decided that she, like her father, had an interest in business, government, politics, and law.

In looking for a job, his daughter wanted to meet a wide range of people, including using Representative Robinson’s “connections,” meaning lobbyists, other government officials, and businesses. The Ethics Commission wrote that Representative Robinson could not use his position or influence to gain special treatment or favor for his daughter and could not include soliciting interviews on her behalf, but he could introduce her. The Ethics Commission noted since it is not “uncommon in the job interviewing process for a prospective employer to take the interviewee to lunch or dinner in the course of a job interview,” the Ethics Commission said that activity was within the bounds of the law. “The point here is that she should be given the same opportunity as everyone else, free from influence from her father, and on terms that would apply to any job candidate applying for the job she’s interested in, but no more than that and irrespective of her father’s official position.” The Ethics Commission remarked that Representative Robinson would certainly introduce others who are not his daughter to his friends and contacts, just as you would for your students and friends. Accordingly, an introduction is an opportunity and benefit available to the public. Likewise, anything given by a friend which is motivated by friendship and not because of the recipient’s official position is excluded from the definition of a “thing of value.” Both of these exceptions allowed Representative Robinson to introduce his daughter to people who are his personal friends, and also those who “may simply be acquaintances with good reputations in their field or people he may respect.”

Thus, you can “open doors” for your children and introduce them to the important people you know. You may also forward a resume or make additional introductions with others who might have thoughts on your child’s career opportunities.

Good luck to your child in his/her search for employment!