An Alabama Ethics Commission opinion released Wednesday tries to clear the muddy water about what Christmas gifts are now legal for students to give their teachers. The report says, "The inquiries have increased as the Christmas season approaches, with numerous inquiries being made by and on behalf of school teachers, and whether or not they may continue to accept Christmas gifts from students.’
The new Alabama Ethics Law was supposed to rein in gifts lobbyists give lawmakers and agency chiefs to curry influence. But it also snared other public officials, including teachers and school bus drivers. The state Ethics Commission was asked what gifts are allowed and what aren’t.
The commission opinion says under the law, there’s no distinction made between legislators, city councilors, or school teachers. They are all a public official or a public employee and subject to the same law. "The only distinction between public officials and public employees contained in the Ethics Law is the definition of family member. Other than that definition, the law applies equally to both groups of individuals."
Each is limited by the law in the same way, making it a crime to give either too much or for the "official" to accept an excessive gift.
What is allowable can be a bit confusing. The opinion says consumable items are allowed "such as pecans, fruit baskets, cookies, cheese plates, etc. to public offices for enjoyment by the staff or other people having business with that office." However, "As a general rule, gifts such as hams, turkeys, or gift cards with a specific monetary value" are now illegal.
The opinion lays out a list, it says provides acceptable Christmas gifts for students to give teachers:
1) Fruit baskets, homemade cookies, etc.
2) Christmas ornaments of little intrinsic value
3) Coffee mugs filled with candy or of a holiday nature.
4) Any item that the teacher may use to assist him/her in performing his or her functions as a teacher, such as notebooks, school supplies, etc.
5) CDs or books of a nominal value, scarves, etc.
The opinion says, "The suggestion that it is harmless for a school child to give a Christmas gift to their teacher ignores the potential for abuse." While the teachers are being cast into the same role as lawmakers, students are being tossed into the same category as lobbyists seeking influence.
The opinion says the new law, rushed through in a special session before the end of the administration of Governor Bob Riley, is another with "many unintended consequences." That is the same description used to describe fallout from the Alabama immigration law passed earlier this year that some supporters are now asking be revised or repealed.
The commission’s opinion says one example of those consequences involves tickets to ball games. While the law was aimed at prohibiting lawmakers from getting free tickets to the Iron Bowl, it also prohibited teachers from being given free entrance to to high school sporting events they, as members of the school staff, are expected to support.
What the law does not take into account is the intimate connection many teachers have with their students, a personal connection that can seem to sometimes be almost as close as that of a parent. The law treats teachers like politicians. While lawmakers are supposed to look out for the greater public good, teachers are supposed to be looking out for every individual student’s success.
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