April 21, 1997
Mr. Kenneth A. Soo Attorney at Law
P.O. Box 1151 Raleigh, NC 27601-1151
RE:Advisory Opinion; Conflict of Interest; N.C.G.S. § 14-234; Member of a Board of
Education Serving as a Sports Official for High School Athletic Contests at Schools
Operated by the Board
Dear Mr. Soo:
You request our opinion whether N.C.G.S. § 14-234 prohibits a member of a Board of Education from serving as a paid sports official for a school operated by the board. For reasons which follow, based on the facts set forth in your letter, it is our opinion that neither N.C.G.S. § 14-234 nor any other law of which we are aware prohibits the board member from serving as a paid sports official for a school operated by the board. Our opinion is limited to whether there are any legal conflicts and does not address the appearance of conflict issue. The appearance issue is left to the individual board member and the other members of the board to determine.
The facts are as stated in your April 17 letter:
Sports officials are assigned to high school athletic competitions by independent booking agents who make assignments to particular competitions "based on the qualifications and merit of the officials." 1996-97 North Carolina High School Athletic Association (NCHSAA) Rules, page
174. High schools are assigned booking agents for each of their interscholastic sports by the NCHSAA. The board of education does not participate in the assignment or selection of booking agents.
High schools pay booking agents a fee of approximately $40 to $50 per sport before the season begins. The booking agent then assigns officials for each of the school’s home games. Officials are paid by check from the local school account when they arrive on game day. The check normally is signed by the principal and local school treasurer. Payment to the official includes a set fee (e.g., $45 per game for football) and travel expenses.
The Board of Education does not enter into any express contract or agreement with booking agents or officials.
N.C.G.S. § 14-234, simplistically put, is a criminal statute which makes it a misdemeanor for a public official to financially benefit from a contract or agreement between himself and the public board on which he sits. Since the Board of Education has absolutely nothing whatsoever to do with the assignment or selection of the booking agents who in turn employ and assign the sports officials to the various schools, N.C.G.S. § 14-234 does not apply.
We point out, however, because N.C.G.S. § 14-234 is a criminal statute, only the appropriate district attorney may determine whether to prosecute and who to prosecute for violation of any criminal statutes. Although we are unaware that any district attorney has ever prosecuted an individual who has relied in good faith on the opinion of this office, you may wish to contact the appropriate district attorney about this question.
Very truly yours,
Andrew A. Vanore, Jr. Chief Deputy Attorney General