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Circuit Clerks<br />

her position to benefit a municipality which he or she serves as alderman when<br />

the <strong>in</strong>dividual will not receive any benefit.<br />

14-070-E<br />

11-078-E<br />

The county tax assessor may accept compensation from the circuit clerk for<br />

assist<strong>in</strong>g with the electronic vot<strong>in</strong>g system on election night. The office of the tax<br />

assessor and office of the circuit clerk are separate authorities of county<br />

government, and the exception codified <strong>in</strong> Code, § 25-4-105(4)(h) applies.<br />

A circuit clerk may serve on the board of directors of a nonprofit corporation<br />

which is unlikely to have any <strong>in</strong>teraction with the office of circuit clerk. While the<br />

nonprofit corporation is a “bus<strong>in</strong>ess with which [the circuit clerk] is associated,”<br />

the clerk is unlikely to have any opportunity to use his or her position to obta<strong>in</strong> or<br />

attempt to obta<strong>in</strong> any pecuniary benefit for the corporation, as proscribed <strong>in</strong> Code,<br />

§ 25-4-105(1).<br />

Chancery Clerks<br />

15-049-E<br />

13-060-E<br />

13-021-E<br />

12-101-E<br />

A candidate for chancery clerk, if elected, may be a part owner of a limited<br />

liability company which provides abstract<strong>in</strong>g services to private clients. However,<br />

if elected, the candidate for chancery clerk must completely refra<strong>in</strong> from tak<strong>in</strong>g<br />

any actions which would benefit the limited liability company or harm its<br />

competitors to ensure no violation of Code, § 25-4-105(1) occurs. The<br />

Commission cautions the requestor aga<strong>in</strong>st us<strong>in</strong>g or disclos<strong>in</strong>g non-public<br />

<strong>in</strong>formation to comply with Code, § 25-4-105(5). No violation of Code, § 25-4-<br />

105(3)(a) will occur under these facts if the limited liability company does not<br />

serve as a contractor, subcontractor, or vendor to the county.<br />

A former chancery clerk may bid on and purchase land at a tax sale conducted by<br />

the county which he or she previously served. While Code, § 25-4-105(3)(b)<br />

prohibits public servants of the county from bidd<strong>in</strong>g on or purchas<strong>in</strong>g land at the<br />

county tax sale, this section does not prohibit a retired chancery clerk from<br />

bidd<strong>in</strong>g on and purchas<strong>in</strong>g land at that sale.<br />

The son of the chancery clerk/county adm<strong>in</strong>istrator may not serve as a vendor to<br />

the county. When claims submitted by the chancery clerk’s son must be<br />

processed, reviewed and approved by the purchase clerk, who is appo<strong>in</strong>ted and<br />

supervised by the chancery clerk/county adm<strong>in</strong>istrator, an appearance of<br />

impropriety will arise under Code, § 25-4-101.<br />

A county election commissioner may also be employed by the chancery clerk.<br />

Pursuant to the exception found <strong>in</strong> Code, § 25-4-105(4)(h) the county election<br />

commission and the chancery clerk’s office are separate authorities of county<br />

government. However, the public servant cannot use his official position as<br />

67

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