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re: BREAKING Alabama Associate AD took 25k to steer players to Atlanta financial advisor

Posted on 9/28/17 at 12:23 am to
Posted by spacewrangler
In my easy chair with my boots on..
Member since Sep 2009
9758 posts
Posted on 9/28/17 at 12:23 am to
I believe that you are mistaken on the "public office" meaning. Public Office is an elected official, like a Mayor. He worked for a public institution but did not hold a public office position.


LINK



quote:

he is not arrested or is charged with use of public office for private gain, instead of fraud, we likely don't have to worry about NCAA violations.

quote:
§ 2635.702 Use of public office for private gain.
An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations. The specific prohibitions set forth in paragraphs (a) through (d) of this section apply this general standard, but are not intended to be exclusive or to limit the application of this section.
Posted by Monticello
Member since Jul 2010
16197 posts
Posted on 9/28/17 at 7:12 am to
quote:

I believe that you are mistaken on the "public office" meaning. Public Office is an elected official, like a Mayor. He worked for a public institution but did not hold a public office position.



No, it refers also to employees, not just elected officials.

Also, at minimum, he has violated this Alabama law:

quote:

2006 Alabama Code - Section 36-25-5 — Use of official position or office for personal gain. (a) No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when the public official, public employee, or a family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain.
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