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Show THI TUESDAY. MARCH 20, 1973 iPAGI PIYI DAILY RICORD ' " ' I State of Utah Office of the Attorney General OPINION N0. qualifies as Dr. Walter D. Talbot, BY: of Public Instruction State Superintendent member from Vernon B. Romney, Attorney General Frank V. Nelson, Assistant Attorney General PREPARED BY: 1. QUESTIONS: State Textbook both Committee and Commission be reimbursed? 1. See 2. See opinion. international Dictionparticular profession: by Webster's New the "laity." It is arguable that a school board of common sense and the prdbable intent of the legislature. grounds appears then that there is no statutory committees state the on both for denying a person membership are Practical, and a local school board. Whether or not there a matter Which is factual arguments against such an arrangement and committees should be examined by the various individuals It 2. Does a conflict of interests exist when a member of these committees serves as a member of a local board of education? CONCLUSION: is defined knowledge, meniber is or would become "expert" in this branch to but a disqualification for this reason would be contrary For what expenses can members of the State Course of Study "lay citizen" as that term is used in the statute. ary, 2nd Edition, as "not of or from a unprofessional." The same dictionary defines the term "layman" . .one not belonging to some particular profession to mean or not expert in some branch of knowledge or art." Since election to a school board does not by itself make one a member of the teaching or educators profession, as a profession, it appears that there is no conflict created such as would disqualify the March 14, 1973 REQUESTED a The term "lay" 73-0- 05 ' opinion. Respectfully submitted, ci VERNON 1. Attorney General the direction of U.C.A. 1953, the members 1) of the State Course of Study Committee also serve as members the of the State Textbook Commission. The expenses for which the members of the Course of Study Committee are to be compensated are the "actual and necessary expenses of the members While attending meetings of the Committee," and such are to be paid "out of money appropriated to the state board of education." . The statute specifies both the kinds of expenses and the source from which such expenses are to be paid. Only expenses incurred "while attending meetings" are to be paid, along, of course, with travel expenses as provided by Conshowever not should incidental be equently, expenses, necessary, compensated for in relation to the functions of the Textbook Commission unless they are both "actual and necessary" and incurred "while attending meetings of the commission." Where such facts exist, the payment is to be made out of funds "appropriated to the state board of education." 53-13- By B. ROMNEY -1, (53-14-- Trust Deeds 2513 27b (53-14-- 2) 37 278 J. Robert 000. 369 etux to Watson 980 South 1200 East. 282 283 these same persons are acting in the capacity as members of the State Textbook Commission, the allowable scope of compensable expenses is wider but the source for payment Century Park Way. First Federal Sav. $19, 67-8- -7. When 361 Erwin H. Thaxton etux to FID Bn. Fed. Cr. $10,000 1013 Parkview Drive Price Granger to First Security Bank $70,500. 372 to Miller Salt Richard L. Booth etux to Zions 1st Nat. Bank $50, 000. 712 East 2700 South. Clarence D. Cox etux to Western Mbge, loan $17A50 7521 South 2030 East 371 Richard L. Booth etux to Zions 1st Hat. Bank $50, 000. 712 East 2700 So. Bnerson Q. Higdon Jr. , etux to First Fed. Sav. $31,000. 127k Lillie 376 Richard L. Booth etux to Zions 1st Hast Bank $50, 000. 712 East 2700 S 0. Circle. of such is more limited. provides that a meniber be repaid "actual and necessary expenses incurred in the performance of his official duties" provided such account is "verified on oath." Such payments "shall be paid out of money appropriated for that purpose," l.e. appropriated for the purpose of recompensing commission iuouibers. The scope ot allowable expenses is Gayle 0. Hansen It Viele $16,200. Lake City. 53-1- 3-2 290 ux to Walker 191 etux to David L. George obviously wider than for the Course of Study Committee, the itation being only that the expense be actually incurred and that it be necessary for the performance of the. member's official South Kings Cove Way. lim- 297 391 Wiliam M Boney Sav. $27,150. expenses vfaich meet the "actual and necessary" test could be paid. Such payment should not, however, come from either general state funds or the general appropriation of the state board of education, as can the Course of Study Committee payments. The statutory language requires that the made from be payment "money appropriated for that (specific) purThe fact that the legislature chose to specify that pose." the funds be specifically appropriated evidences an intent that a different, particular source be provided and used exclusively. Payments should be made only to the extent that such an appropriPresumably, 2100 2 99 301 East. to 1812 So. ation is available. Jack Miler etux to Western Sav . $27,000. 1137 Adonis Drive. 321 possible existence of a conflict of interest of the Course of Study and Textbook Committees an serves as elected member of a local school board must be judged in light of the requirements of both the Public Officers and Employees Ethics Act and the acts creating these committees. The when a member ' Public Officers' and Employees' Ethics Act, et seq., specifies the prohibitions and requirements regarding public employees and conflicts of interest. Each of the prohibitions or requirements specifically apply to "public officers" and "public employees" as these terms are defined in the act. (8) and (9) which define these terms specifically, excludes from the definitions "special employees," which term is defined in (7) a to be "any member of any commission. . . committee. the state serving on a part-tibasis, either .of with or without compensation." It is apparent then that these statutory rules do not apply to this situation. The 67-16- -1, 339 Clark R. Sidwell etux to United Sav. $17,150. 1166 -3 311 etux to Adnlnstrstor Beteran Affairs $11, 000. 1070 2513 Richard Sav etux to Florian L. Nuesil etux $32,200. 2626 Vhrly Grant K. Carter etux to Farmers State Bsnk $1861. 11. 2006 West 2960 South. William R . Driver etux First Sec. St. Bank $39, 300. 2521 Eastobume Drive 610 Loabelle B. Nangelson to Cosnercial Sec. Bank $150 000. 2113 Butternut Cir. 612 Howard D. Rowley etux to Zions 1st Nat. Bank $3000 7057 South 1700 West 617 53-1- 4-1 The question herein does not specify which class of committeeman was elected to the local board of education, but will be assumed that it was one of the five "lay citizens." The issue then becomes whether or not a member of a local board I it i J. t etux to Hansen 10 316 Larry D . Duncan to i Heme Benefit Sav. $17,150. 977 Violet Drive 3l8 Reid Schenk etux to Home Benefit Sax. $17,150. 990 East Violet Drive 350 Allen etux to Benefit Sav. $17, 150. 956 Violet Drive Chet K. Hone 352 Robins etux to Benefit Sav. &7m 150. 931 Violet Drive Drew B. Home 356 Gary J Person etux to Bettylyan Mtge. $16,100. 31)91 West 5100 East. Bardsley Robert etux to Comnonwealth Mtge. $19, 000 . 2811 East 7375 S 0. 667 Western LandContracts to Prud Fed Sav. $17,250. Salt Lake City. 687 Gilbert L. Carlson etux t Murray 1st Thrift $8118. 95 Salt Lake City. 6 99 Jeol 27 Ramona Avenue me Since the composition of the two committees in question is identical and since specifies who shall serve on these committees, the language of this, section should be examined. This section states that these committees shall be composed of the state superintendent of public instruction, the deans of the schools of education of the University of Utah and Utah State University, three school superintendents, and "five lay citizens to be appointed by the governor by and with the consent of the senate." Amasa J. Gardner etux to Bank $9900. 815 Green Street Terry First Sec. Kenneth K. Johnson Lockhart Co. $9789. . Lane Harris Avenue 67-1- 6-3 67-16- etux to 1)00 Electra Road. 332 Kellow John K. Justens n etux to United Sav. $17,150. 3708 Carolina Drive John Keith Smith etux to McQhie Land Title $22,900 South 200 West. 2. J. 395 101 305 Bobby Western Mtge. Lam $23 500. 337I Blgarade Lane. Wester) A. 1399 Kent S. Fredericks on etux FTed Frud. Sav. $21, 800. 1723 Hollywood Ave. to First Fed. Sav. $30,300. 6521 duties. Bank $10, 272 South 700 East. 000. 29k 378 Richard L. Booth etux to Zions 1st Nat. Bank $50, 000. 712 East 2700 South Wiliam John Derricott et i Mesa etux to United |