Martin: Only cheap apples for teachers
Our previous ethics law allowed seasonal gifts of up to $100 in value for state teachers so long as the gifts didn’t exceed $250 in a year.
The new law, adopted in the waning days of 2010, doesn’t assign a specific limit but allows school boards to have a policy that would permit students to contribute a “de minimis” amount toward a gift from the class provided the policy is reasonable, is carried out in good faith and complies with the requirement in the Alabama ethics law.
The adjective de minimis is Latin for “of minimum importance” or “trifling.” Essentially it refers to something that is so little, small, minuscule, or tiny that the law does not refer to it and will not consider it. In a million dollar deal, a $10 mistake would probably be considered de minimis.
As Christmas time began to approach, this threw the proverbial monkey wrench into the plans of many school classes, parents and teachers alike. The law prohibiting teacher gifts includes “hams, turkeys or gift cards with a specific monetary value” although the dollar amount wasn’t specified. Homemade gifts-those that aren’t worth much, monetarily speaking-are still okay, so cookies, knitted oven mitts, baskets of fruit, breads, and bakery items are probably OK.
But it originally appeared that, should teachers receive a more valuable gift, they might be found guilty of breaking the state’s ethics law and could face up to a year in jail and a hefty fine. That’s why the Ethics Commission was asked for an opinion.
In media accounts state Sen. Bryan Taylor, R-Prattville, who sponsored the legislation, has stated the new law prevents teachers from favoring one child over another and protects families who can’t afford to give big teacher gifts.
“In every classroom, there is a Tiny Tim who can’t afford a turkey or ham,” Taylor told the AP. He then went on to suggest that a teacher could get just punishment if she accepted a gift and changed a grade.
Over the past weekend, however, Taylor backpedaled, saying he thought the intent of the bill didn’t prohibit the giving of “reasonable and thoughtful gifts.” He must have been hearing from parents.
The Ethics Commission now says that room mothers or a parent can pool student donations to purchase a larger gift. “They can collect $5 per student and pool it together to buy a gift card for the teacher and it still fits within the intent of the revised ethics law.” However, the commission says that any amount over $5 from a single student would be a “no, no.”
The commission also cleared up another matter, saying school board members and school district employees may accept free admission to plays, sporting events and other school activities at any school in their district.
The ethics law that prohibits giving “a thing of value” defined sporting event tickets given to anyone other than faculty, staff or administration of an institution. An institution can include a school district.
While some educators lauded the Ethics Commission opinion, the Alabama Education Association (AEA) didn’t. “This law now equates the teacher-student relationship with one between a legislator and lobbyist, or a vendor looking for a government contract,” AEA spokesman David Stout said in a prepared release. “While a teacher cannot accept a $25 McDonald_s gift card from an appreciative parent, school board members can still be wined and dined by vendors seeking business at school board association meetings,” he said.
And what about gifts for legislators?
The Ethics Commission had been asked to review the law and determine if teachers were covered under the restrictions or if they should be exempt, as they are in most other states. Peggy Kerns, the director of the nonprofit Center for Ethics in Government in Denver, has stated to the media that she can’t think of another state that includes teachers in their ethics laws.
The commission, in its opinion last week, stated that to deem it “harmless for a school child to give a Christmas gift to their teacher ignores the potential for abuse.”
Montgomery Advertiser columnist Josh Moon countered that position Sunday with the following summary:
“You know what else ignores the potential for abuse?
“Not limiting in any way the amount of money a lobbyist can pay for meals, transportation and lodging for a lawmaker attending “an education function” sponsored by that lobbyist.
“Under this tough new ethics law that’s so stringent a teacher can’t accept a nice Christmas ornament from a student, an Alabama lawmaker can still take a nice vacation on the coast, paid for by a friendly lobbyist, so long as the lawmaker is also attending a “conference.”
And, I should add, this was all done in legislation to clean up influence peddling in Alabama.
Bob Martin is editor and publisher of The Montgomery Independent. Email him at: [email protected]
