2006-122
Honorable Donald R. Priori Chairman, Bullock County Hospital Board Post Office Box 350 Union Springs,
Alabama 36089 Open Meetings Act - Hospital Boards - Health Care Authorities - Exemptions A county
hospital board, the members of which are appointed by the county governing body, is subject to the
Open Meetings Act of 2005. Dear Mr. Priori: This opinion of the Attorney General is issued in response
to your request on behalf of the Bullock County Hospital Board. QUESTION Is a county hospital board,
appointed by the county, exempt from Alabama's new Open Meetings Act because such entities were
exempt from the old open meetings act? FACTS AND ANALYSIS The statutory authority for the creation
of a county hospital board is found in sections 22-21-70, et seq., of the Code of Alabama. ALA. CODE §
22-21-70, et seq. (1997). Nothing in these sections exempts a hospital board from the Open Meetings
Act. In Advertiser Company v. Wallis, 493 So. 2d 1365 (Ala. 1986), the Supreme Court of Alabama stated
that the Sunshine Law applied to named organizations and those entities that disbursed public funds.
Specifically, the Court stated, in pertinent pa...
2006-129 (PDF) »MSWord Format (in new window)
August 15, 2006
Honorable Micky Hammon Member, House of Representatives 1344 East Upper River Road Decatur,
Alabama 35603 Lodgings Taxes - Hunters and Hunting - Counties - Transient Occupancy Tax - Morgan
County To be subject to the state lodgings tax provision, a person, firm, or corporation must be
"engaging in the business of" regularly renting or furnishing rooms to transients for a consideration.
Accordingly, with respect to hunting lodges, the state lodgings tax applies only to persons, firms, or
corporations that, with the intent to derive a gain, profit, benefit, or advantage from such action or
actions, advertise or otherwise hold themselves out to the public as being in the business of regularly
renting or furnishing rooms in a hunting lodge to transients for consideration. Any place that furnishes
rooms, lodgings, or accommodations on an irregular, fluctuating, or varying basis is not subject to the
state lodgings tax. Hunting and fishing activities are not activities subject to the amusement tax imposed
by section 40-23-2(2) of the Code of Alabama. Dear Representative Hammon: This opinion of the
Attorney General is issued in response to your request. ...
2006-134 (PDF) »MSWord Format (in new window)
August 17, 2006
Honorable Jay M. Ross Daphne City Attorney Ross & Jordan, P.C. 1111 Dauphin Street Mobile, Alabama
36604 Municipalities - Public Records - Fire Departments - Exemptions - Baldwin County National Fire
Incident Reporting System forms are subject to disclosure under the Open Records Law except when
specific records or portions thereof can be demonstrated by the Daphne Fire Department to fall within a
recognized exception. The home addresses, telephone numbers, and marital status of persons involved
in an incident may be withheld from public inspection. Other than the name of an injured civilian or
firefighter, the remaining sections of the Civilian and Fire Service Casualty Forms, and the Emergency
Medical Services (EMS) Form, which contain information about the person's injuries, may be withheld. If
the release of the Arson Form or information from any other sections of the forms would compromise a
pending criminal investigation, that information may be withheld. Page two of the Arson Form
applicable to juvenile arsonists may be withheld. The name of the juvenile listed in section K1 or K2 of
the Basic Form or in the Supplemental Form may be withheld. ...
Opinion # 2006-137
Under Code of Alabama 1975, § 11-3-11(a)(19), a county commission can perform industrial development
work for the City of Lynn on property owned, leased, or under option to the city if the county commission
determines the work serves a public purpose.
The opinion also discusses the application of Amendment 772, which provides that, under certain
circumstances, the county commission is not subject to Section 93 or 94 if the use of public funds is for the
promotion of economic or industrial development.
Opinion # 2006-139
The procedural requirements of Code of Alabama 1975, § 11-19-1, et seq., govern the adoption of
amendments to a county floodplain zoning ordinance. Section 11-19-18 provided that if a proposed
Ordinance amendment is referred by the County Commission to the County Planning and Zoning
Commission, and no action is taken within 30 days after referral, the inaction constitutes a favorable
recommendation.
2006-142 (PDF)
»MSWord Format (in new window) September 7, 2006
Honorable Gerald O. Dial Member, Alabama State Senate Box 248 Lineville, Alabama 36266 Fair
Campaign Practices Act - Candidates - Elections - Reporting Requirements - Clay County Section 17-22A8 of the Code of Alabama requires that financial disclosure reports be filed before a primary election by
a candidate through his or her principal campaign committee if the candidate, through his or her
principal campaign committee, receives contributions or makes expenditures with a view toward
influencing the results of an election and the contributions and/or expenditures reach the threshold
amount, even if the candidate does not have opposition in the primary election. This opinion is applied
prospectively. A person who fails to file disclosure reports before the election may be subject to
forfeiture of the election and criminal penalties under sections 17-22A-21 and -22 of the Code. A person
who files a disclosure report after the deadline, but before the election, may be subject only to criminal
penalties under section 17-22A-22. Dear Senator Dial: This opinion of the Attorney General is issued in
response to your request. QUESTION 1 Does the Fair Cam...
Opinion # 2006-148
An airport authority is exempt from a county’s airport zoning ordinances and regulations pursuant to
Code of Alabama 1975, § 4-3-10.
2007-005 (PDF)
»MSWord Format (in new window) October 12, 2006
Honorable John Ben Jones Attorney, City of Valley Post Office Box 386 2206 South Broad Avenue Lanett,
Alabama 36863 Annexation - Municipalities - Industrial Parks - Police Jurisdiction - Chambers County The
fact that a municipality has no authority to enforce its police and sanitary regulations in an area
designated as an industrial park has no effect on the territorial boundaries of the city's police jurisdiction
and would not act to extend the territorial limits of the police jurisdiction beyond the outer borders of
the industrial park. The area included in the industrial park is still used in calculating the territorial limits
of the police jurisdiction. The territory in an industrial park established pursuant to section 11-23-1, et
seq., of the Code of Alabama cannot be annexed. The property on the opposite side of the industrial
park is not, and does not become, contiguous to the boundaries of the city unless it is actually touching
at some point. Dear Mr. Jones: This opinion of the Attorney General is issued in response to your
request on behalf of the City of Valley. QUESTIONS 1 AND 2 If an industrial park is not a part of the
police jurisd...
2007-007 (PDF)
»MSWord Format (in new window) October 24, 2006
Honorable Kenneth Vann, President Smiths Water and Sewer Authority Post Office Box 727 Smiths
Station, Alabama 36877 Water Authorities - Public Works Law - Contracts - Lee County Under the facts
set out in the request, a contract by the Smiths Water and Sewer Authority to install a main sewer
outfall line must be bid under section 39-2-2 of the Code of Alabama. Dear Mr. Vann: This opinion of the
Attorney General is issued in response to your request on behalf of Smiths Water and Sewer Authority.
QUESTION Can the Smiths Water and Sewer Authority ("Authority") and a developer enter into a
contract without bidding the job pursuant to the requirements of section 39-2-1, et seq., of the Code of
Alabama? Under the agreement, the developer will install a main sewer outfall line and deed it to the
Authority in exchange for a waiver of fees normally charged by the Authority up to the dollar amount of
the line. FACTS AND ANALYSIS Your request related the following facts: The Smiths Water and Sewer
Authority has an opportunity to have a main sewer outfall line installed by a private developer. The line
consists of approximately 12,000 linea...
Opinion # 2007-010
The term "immediate family member," as used in the county subdivision regulation statute (Code of
Alabama 1975, § 11-24-2(d)) includes a person's spouse, parent, child, sibling, a stepchild, and an
adopted child.
2007-011 (PDF)
»MSWord Format (in new window) November 7, 2006
Honorable Iva Nelson City Clerk/Treasurer City of Gadsden Post Office Box 267 Gadsden, Alabama 35902
Emergency Management Agency - Competitive Bid Law - Purchasing - Contracts - Municipalities Etowah County The City of Gadsden is permitted to make purchases through the purchasing cooperative
sponsored by the National Association of Counties ("NACo") pursuant to section 41-16-51(a)(16) of the
Code of Alabama. Joint purchasing associations formed under section 41-16-50(b) of the Code of
Alabama are allowed to buy goods through the purchasing cooperative sponsored by NACo. The City of
Gadsden is allowed to make purchases through the purchasing cooperative sponsored by NACo for the
benefit of the Gadsden/Etowah County Emergency Management Agency ("EMA"). Section 11-102-1 of
the Code supports the right of a municipality to make purchases through the purchasing cooperative
contained in section 41-16-51(a) of the Code, but does not affect the right of an EMA to make such
purchases. There is no authority for entities covered by the Competitive Bid Law to make purchases
through a purchasing cooperative other than the one sponsored by NACo as listed in section...
2007-021 (PDF)
»MSWord Format (in new window) December 13, 2006
Honorable Mark D. Ryan, Attorney Baldwin County Emergency Communications District 204 West
Second Street Bay Minette, Alabama 36507 Emergency Management Communications - Search and
Rescue Squads - Private Agencies - Public Agencies A volunteer search and rescue squad that is not
associated with the state or a political subdivision is not a public safety agency for purposes of an
emergency communications district. The commissioners of the Baldwin County Emergency
Communications District have the authority to determine if volunteer fire departments and rescue
squads are to be dispatched as primary responders to a request for emergency services. Dear Mr. Ryan:
This opinion of the Attorney General is issued in response to your request on behalf of the Baldwin
County Emergency Communications District. QUESTION 1 Do volunteer search and rescue squads in
existence in Baldwin County, although deemed "public in nature" for the purpose of funding issues,
meet the criteria of a public safety agency as defined in section 11-98-1(6) of the Code of Alabama?
FACTS AND ANALYSIS The following facts are stated in your request: Within Baldwin County,...
2007-023 (PDF)
»MSWord Format (in new window) December 14, 2006
Honorable Jenny Countryman Mayor, Town of Excel Post Office Box 369 Excel, Alabama 36439
Municipalities - Police Jurisdiction - Taxation - Licenses - Monroe County Where a business is located
within the police jurisdiction of more than one municipality, only that municipality with corporate limits
closest to the business may collect license and sales tax on the business. Dear Mayor Countryman: This
opinion of the Attorney General is issued in response to your request on behalf of the Town of Excel.
QUESTION Considering the facts presented in the request, which municipality should collect the taxes
and business licenses on the businesses in question? FACTS AND ANALYSIS The following facts are
gathered from your request: The Town of Excel is currently providing police and fire protection for two
businesses not in the town limits, but, according to 911, they are in the police jurisdiction of the town.
The town also provides police and fire protection for other businesses in the same area. The City of
Monroeville collects the taxes and business licenses for the two businesses that are also within their
police jurisdiction. Section 11-51-91...
2007-025 (PDF)
»MSWord Format (in new window) December 20, 2006
Honorable Bernest Brooks Chairman, Coffee County Commission 2 County Complex 1065 East McKinnon
Street New Brockton, Alabama 36351 Counties - Banks and Banking - Depositories - Funds Pursuant to
section 11-4-41 of the Code of Alabama, a county depository must be selected by the county
commission for the period of the following calendar year. The Coffee County Commission may select the
depository for county funds by negotiation. The Coffee County Commission must designate the county
depository annually. Dear Mr. Brooks: This opinion of the Attorney General is issued in response to your
request on behalf of the Coffee County Commission. QUESTION 1 The language of section 11-4-41 of the
Code of Alabama notwithstanding, may the Coffee County Commission select one or more depositories
for its fiscal year, October 1 through September 30? FACTS AND ANALYSIS Section 11-4-41 of the Code
of Alabama provides as follows: The county commission shall on or before the first Monday in December
of each year select as the county depository, for the placing therein of county funds for the period of the
following calendar year, a qualified publ...
2007-028 (PDF)
»MSWord Format (in new window) January 3, 2007
Honorable Jacqueline M. McConaha Attorney, Board of Water and Sewer Commissioners of the City of
Mobile The Atchison Firm 3030 Knollwood Drive Mobile, Alabama 36693 Utility Boards - Funds Expenditures - Water and Sewer Boards - Mobile County The Board of Water and Sewer Commissioners
of the City of Mobile ("Board") is not authorized to expend its funds for a dinner for a retiring Board
member. Dear Ms. McConaha: This opinion of the Attorney General is issued in response to your
request on behalf of the Board of Water and Sewer Commissioners of the City of Mobile. QUESTION
May the Board of Water and Sewer Commissioners of the City of Mobile authorize the expenditure of
funds for a dinner for a retiring Board member? FACTS AND ANALYSIS In your letter of request, you
stated that the Board would like to honor a retiring Board member with a small dinner. This dinner
would be attended by many local officials and would promote good will and good working relations
between the Board and the larger community. Your question contemplates whether the Board of Water
and Sewer Commissioners of the City of Mobile may authorize the expenditure of fund...
2007-029 (PDF)
»MSWord Format (in new window) January 5, 2007
Honorable Wayne Gruenloh Chairman, Baldwin County Commission 312 Courthouse Square, Suite 12
Bay Minette, Alabama 36507 Omnibus Pay Raise Bill - Supernumerary Status - Sheriffs - Longevity
Payments - Expense Allowance Prior to leaving office, the sheriff must correct the administrative error
regarding longevity payments by making the six percent supernumerary contribution to the county
general fund based on the total amount of longevity payments received. Because there is no legal
authority for the sheriff to have made the six percent supernumerary contribution on the expense
allowance provided by Act 2003-163, the sheriff may not now make such contributions. Once the sheriff,
prior to leaving office, corrects the administrative error regarding longevity payments by making the six
percent supernumerary contribution to the county general fund based on the total amount of longevity
payments received, these longevity payments, which were received in the form of an expense
allowance, shall be included as a part of the sheriff's salary for purposes of calculating supernumerary
benefits. Based on the facts presented, the sheriff is entitled to receive 65 percent of...
Opinion #2007-030
Contracts for cutting grass should be bid pursuant to the Competitive Bid Law if the costs exceed $7500.
Contracts for the construction, repair, and maintenance of markers, headstones, and walls at a public
cemetery are "public works" subject to bid under the Public Works Law if the costs are in excess of
$50,000.
2007-031 (PDF)
»MSWord Format (in new window) January 9, 2007
Honorable Alvin Holmes Member, House of Representatives Post Office Box 6064 Montgomery,
Alabama 36106 Public Funds - Public Information - Public Records - Postsecondary Education,
Department of - Montgomery County A letter or any other written, typed, or printed document received
by a public official in pursuance of law is a public record. The final document generated in response to
the taking of notes, if any, is a public record, but the notes themselves are not public records. Dear
Representative Holmes: This opinion of the Attorney General is issued in response to your request.
QUESTION Can the Acting Chancellor of the Postsecondary College System withhold from a member of
the Legislature or the public acknowledged information or records that impact the expenditure of public
funds? FACTS AND ANALYSIS Your request states as follows: I have been informed by Dr. Thomas Corts,
Acting Chancellor of the Postsecondary College System, that he has in his possession a list of
discretionary projects for certain legislators that he has been directed or requested to fund from the
Education Trust Fund appropriation for FY 2007. Dr. Corts stated ...
2007-032 (PDF)
»MSWord Format (in new window) January 10, 2007
Honorable Charlie Dale Jones Chairman, Fayette County Commission Courthouse Annex Suite 2 103 First
Avenue, Northwest Fayette, Alabama 35555 Supernumerary Status - Sheriffs - Convictions - Pardons and
Paroles Hubert Norris is not qualified to hold the office of supernumerary sheriff because, by virtue of
his 1989 conviction, he forfeited the benefits of his entire incumbency as Sheriff of Fayette County that
predated his conviction. Dear Mr. Jones: This opinion of the Attorney General is issued in response to
your request on behalf of the Fayette County Commission. QUESTION Is Hubert Norris qualified to hold
the position of supernumerary sheriff of Fayette County, thus obligating the county to pay him a
monthly percentage of his salary? FACTS AND ANALYSIS Hubert Norris held the office of Sheriff of
Fayette County for consecutive terms beginning in 1974 until his resignation from that office pursuant to
a plea agreement in federal court in 1989. As a part of that plea agreement, he pleaded guilty to
multiple federal felonies. On March 14, 1994, he received a full pardon from the Alabama State Board of
Pardons and Paroles restoring all civil...
2007-033 (PDF) »MSWord Format (in new window)
January 11, 2007
Honorable Stanley D. Batemon Chairman, St. Clair County Commission Post Office Box 397 Ashville,
Alabama 35953 Compensation - Sheriffs - Supernumerary Status Section 36-22-62 provides for
supernumerary sheriffs to receive credit for a maximum of 23.5 years of service as a law enforcement
officer and/or a sheriff. This maximum benefit is an amount equal to 65 percent of that sheriff's salary at
his retirement date. A sheriff may not receive benefits in excess of what is authorized by the statutory
provisions. The calculations of Sheriff Surles' monthly benefit at retirement should be based upon
sections 36-22-60 and 36-22-62 of the Code of Alabama. Based on these sections, if Sheriff Surles meets
the qualifications set out in section 36-22-60, then Sheriff Surles would be entitled to receive 65 percent
of his monthly salary at his retirement date. There is no immediate action needed by Sheriff Surles
before he begins his third term to assure his receipt of the maximum allowable supernumerary benefit
at his suggested retirement in 2011. Dear Chairman Batemon: This opinion of the Attorney General is
issued in response to your request on behalf of the St. Cl...
2007-037 (PDF) »MSWord Format (in new window)
January 12, 2007
Honorable Adrian T. Johns Judge of Probate Baldwin County Probate Judge's Office Post Office Box 459
Bay Minette, Alabama 36507 Privilege Licenses Taxes - Counties - Licenses - Physicians - Probate Judges
A physician must pay a state license tax for each city or town in which the physician has a practice. Dear
Judge Johns: This opinion of the Attorney General is issued in response to your request. QUESTION
Would an additional license tax be due under section 40-12-126 of the Code of Alabama if a physician
with a permanent facility in one county opened an additional permanent facility in another county?
FACTS AND ANALYSIS You have requested an opinion from this Office concerning the necessity of
physicians paying an additional license tax under section 40-12-126 in counties other than the county in
which they paid in the first place. Specifically, your request states that your office "historically has issued
a business license for physicians that have a permanent office in Baldwin County and also in neighboring
counties." The general rule regarding the collection of taxes on business licenses is set forth in section
40-12-2 of the Code of...
2007-038 (PDF) »MSWord Format (in new window)
January 18, 2007
Honorable Jay M. Ross Mobile County Attorney 205 Government Street Mobile, Alabama 36604-1001
Lease Tax - Personal Property - County Funds -- Exemptions Under section 40-12-222 of the Code of
Alabama, a lease tax is levied upon the lessor of tangible personal property measured by the gross
proceeds received by the lessor. The economic burden of the lease tax may not be passed on to the
state, a municipality, or a county unless the flat amount collected by the lessor includes both the tax and
the leasing fee. Based upon the information provided to this Office, the state contract includes the four
percent lease tax in the total contract price. Each contract entered into by the county must be reviewed
by the county to determine whether the total rental price includes the lease tax. Dear Mr. Ross: This
opinion of the Attorney General is issued in response to your request on behalf of the Mobile County
Commission. QUESTIONS (1) Can Mobile County, when leasing photocopiers under a state contract
requiring payment of a lease tax from which the county is exempt by state law, legally pay such tax? (2)
Can Mobile County, when leasing person...
2007-039 (PDF) »MSWord Format (in new window)
January 24, 2007
Honorable Bill Johnson, Director Department of Economic and Community Affairs 401 Adams Avenue,
Suite 5690 Post Office Box 5690 Montgomery, Alabama 36103-5690 Open Meetings Act - Community
Action Agencies - Economic and Community Affairs Department The provisions of the Open Meetings
Act ("OMA") apply to community action agencies that are established by a county; a municipality; a
combination thereof; or a private, nonprofit agency newly established by local ordinance. Based on the
information presented to this Office, we are unable to determine whether the provisions of the OMA
apply to all community action agencies that are designated as "eligible entities" under Section 673(1) of
the Community Services Block Grant Act. Such entities may either voluntarily or as a result of
requirements placed on the agency by the Department of Economic and Community Affairs follow the
requirements of the OMA. Dear Mr. Johnson: This opinion of the Attorney General is issued in response
to your request on behalf of the Department of Economic and Community Affairs. QUESTION Do the
provisions of the Open Meetings Act apply to community action agencies as such agencie...
2007-043 (PDF) »MSWord Format (in new window)
February 9, 2007
Honorable James P. Nix, Jr. Baldwin County Revenue Commissioner Post Office Box 1549 Bay Minette,
Alabama 36507 Ad Valorem Taxes - Limited Liability Company - Property - Partnerships - Assessments A
single-family dwelling owned by a limited liability company, partnership, or corporation does not qualify
to be Class III property for ad valorem tax purposes. Dear Mr. Nix: This opinion of the Attorney General
is issued in response to your request. QUESTION Whether single-family dwellings that are owned by
family limited liability companies ("LLCs") or partnerships, but are never used for commercial purposes,
should be classified as Class III property. FACTS AND ANALYSIS You state that it is common practice in
Baldwin County for families to form limited liability companies or family partnerships for the joint
ownership of vacation homes. You have, in certain instances, permitted LLCs and partnerships that own
single-family dwellings to qualify for a Class III classification for ad valorem tax assessments under
section 40-8-1 of the Code of Alabama. To qualify for this classification, you have requested all members
of the entity sign a statement t...
2007-044 (PDF) »MSWord Format (in new window)
February 9, 2007
Honorable John Thompson City Clerk, City of Andalusia Post Office Box 429 Andalusia, Alabama 36420
Municipalities - Police Jurisdiction - Fire Protection - Taxes - Covington County If no tax revenue is
collected in the police jurisdiction and absent a contract, a municipality is not legally required to provide
police or fire protection services in its police jurisdiction, even if the municipality has historically
provided such services. If services are to be terminated, advance public notice should be provided. Dear
Mr. Thompson: This opinion of the Attorney General is issued in response to your request on behalf of
the City of Andalusia. QUESTIONS Can the City of Andalusia withhold fire and police protection from its
entire police jurisdiction when it has historically provided fire protection in a portion of the jurisdiction
and has provided police protection in the entire jurisdiction? What procedure, if any, is required once
the municipality makes the decision to discontinue these services? FACTS AND ANALYSIS The question of
whether a municipality can terminate fire and police protection services to residents and businesses
located with...
2007-046 (PDF) »MSWord Format (in new window)
February 12, 2007
Honorable William E. Shinn, Jr. Attorney, Morgan County Commission Harris, Caddell & Shanks, P.C. Post
Office Box 2688 Decatur, Alabama 35602-2688 Attorneys Fees - County Commissions - Revenue
Commissioners - Reappraisal Program The Morgan County Commission may engage a private attorney
or attorneys to litigate the disputed property tax assessment against Calpine in federal bankruptcy
court. Any attorney selected must be approved by the Department of Revenue, the Governor, and the
Attorney General. Also, the costs associated with the litigation, including attorneys' fees, may be
properly chargeable to the reappraisal budget. Dear Mr. Shinn: This opinion of the Attorney General is
issued in response to your request on behalf of the Morgan County Commission. QUESTION May the
Morgan County Commission and the Revenue Commissioner of Morgan County employ outside legal
counsel to defend the Revenue Commissioner's appraisal for ad valorem taxes against a taxpayer using
funds from the county's reappraisal budget? FACTS AND ANALYSIS Your question actually involves two
issues. First, may the county commission hire a private attorney to handle th...
2007-053 (PDF) »MSWord Format (in new window)
March 6, 2007
Honorable Randy Hinshaw Member, House of Representatives Post Office Box 182 Meridianville,
Alabama 35759 Fair Campaign Practices Act - Political Committees - Campaign Contributions - Issue
Advocacy - Express Advocacy - Reporting Requirements - Madison County Alabama's Fair Campaign
Practices Act ("FCPA") must be read in the light of the First Amendment as interpreted in Buckley v.
Valeo, 424 U.S. 1 (1976). The FCPA, therefore, only applies to communications that expressly advocate
the election or defeat of a candidate as defined in Buckley. Dear Representative Hinshaw: This opinion
of the Attorney General is issued in response to your request. QUESTION Does section 17-22A-1, et seq.,
of the Code of Alabama require the reporting of expenditures and contributions that are used to
influence, express or otherwise, the results of an election? FACTS AND ANALYSIS Alabama's Fair
Campaign Practices Act ("FCPA") is now codified in section 17-5-1, et seq., of the Code of Alabama.
Section 17-5-8 of the FCPA requires political committees to file disclosure reports that account for
contributions received and expenditures made "with a view toward influenci...
2007-054 (PDF) »MSWord Format (in new window)
March 6, 2007
Honorable Kenneth L. Joiner County Administrator Calhoun County Commission 1702 Noble Street, Suite
103 Anniston, Alabama 36201 Peace Officers Standards & Training Act - Peace Officers - Animal Control
Officers - Arrest - Weapons - Badges To perform the acts of a law enforcement officer, an animal control
officer that takes the oath of a deputy sheriff must be certified by the Alabama Peace Officers Standards
and Training Commission ("APOSTC"). Section 3-1-16 of the Code of Alabama does not require an animal
control officer to recite the deputy sheriff's oath. The decision regarding whether an animal control
officer will be permitted to take the deputy sheriff's oath is one that may only be determined by the
governing authority. Animal control officers that are not commissioned by the governing body to be law
enforcement officers do not have arrest powers other than those of a private citizen pursuant to section
15-10-7 of the Code of Alabama. Only if a governing body commissions its animal control officers to be
law enforcement officers may such officers attend APOSTC training. Animal control officers that are not
commissioned to be law enforcement offi...
2007-059 (PDF) »MSWord Format (in new window)
March 9, 2007
Honorable Michael L. Jackson, Attorney Solid Waste Disposal Authority of Chilton County Wallace,
Jordan, Ratliff & Brandt Post Office Box 530910 Birmingham, Alabama 35253 Solid Waste Disposal
Authorities - Competitive Bid Law - Contracts - Counties - Franchises Section 11-89A-5 allows a county
solid waste disposal authority to amend its certificate of incorporation to become a municipal solid
waste disposal authority that would qualify for the exemption from the Competitive Bid Law found in
section 11-89A-18. Dear Mr. Jackson: This opinion of the Attorney General is issued in response to your
request on behalf of the Solid Waste Disposal Authority of Chilton County ("Authority"). QUESTION ONE
Can a county solid waste authority that is subject to the Competitive Bid Law amend its certificate of
incorporation under section 11-89A-5 of the Code of Alabama, change the determining subdivision from
the county to one or more municipalities in the county, and thereby become a municipal solid waste
authority that is not subject to the Competitive Bid Law in accordance with Beavers v. County of Walker,
645 So. 2d 1365, 1376-77 (Ala. 1994) and section 11-89A-18...
2007-063 (PDF) »MSWord Format (in new window)
March 28, 2007
Honorable Jay M. Ross Attorney, Mobile County Commission 205 Government Street Mobile, Alabama
36644-1001 Competitive Bid Law - Public Works Law - Responsible Bidders - Convictions Under the
Competitive Bid and Public Works Laws, a conviction and debarment by a federal agency are factors that
a county commission may use to determine if a bidder is responsible, including in the prequalification
procedure. Dear Mr. Ross: This opinion of the Attorney General is issued in response to your request on
behalf of the Mobile County Commission. QUESTIONS 1. In determining the lowest responsible bidder
under the Competitive Bid and Public Works Laws, or in prequalifying bidders, may a county commission
take into consideration that a contractor, its subsidiary, officer, director, partner, agent, or an employee
who would be in a material position related to a project, has been convicted of a felony offense? 2. May
the county consider that a contractor is or has been debarred by a federal agency? FACTS AND ANALYSIS
Your request states as follows: We are aware that the Alabama Department of Transportation, pursuant
to section 23-1-56 of the Code of A...
2007-067 (PDF) »MSWord Format (in new window)
April 3, 2007
Honorable William A. Meehan President and Secretary Board of Trustees Jacksonville State University
700 Pelham Road North Jacksonville, Alabama 36265-1602 Colleges and Universities - Public Records Coaches - Contracts - Calhoun County The contracts of coaches at an Alabama state university are
considered "public records" under the Open Records Act. As such, Jacksonville State University
("University") is required to disclose the contracts of its coaches to a newspaper pursuant to a request
made under section 36-12-40 of the Code of Alabama. The type of information that must be disclosed
includes: salary, race, sex, and employee past experience. The type of information that should not be
disclosed includes marital status and social security number. The University is required to provide copies
of the contracts if requested. A reasonable fee may be assessed for the actual cost of providing copies
and for retrieving information. Nothing in the Code requires written approval of the coaches whose
contracts were requested before the contracts may be disclosed. Dear Dr. Meehan: This opinion of the
Attorney General is issued in response to your request on ...
2007-074 (PDF) »MSWord Format (in new window)
April 6, 2007
Honorable George Andrew Monk Anniston City Manager Post Office Box 2168 Anniston, Alabama 36202
Municipalities - Education - Schools - Scholarships - Vouchers - Funds - Public Purpose - Calhoun County
The appropriation of city funds for the purpose of awarding college scholarships is neither expressly nor
impliedly authorized by the state, nor is the authority essential to the operation of the city of Anniston.
The city cannot make appropriations directly or indirectly to the Anniston City Schools Foundation for
the purpose of awarding college scholarships to graduates of Anniston High School unless the voters in
Anniston vote to levy a special tax for a scholarship program and the city council determines such a
program would serve a public purpose. Dear Mr. Monk: This opinion of the Attorney General is issued in
response to your request on behalf of the Anniston City Council. QUESTION Can the city of Anniston
appropriate funds to the Anniston City Schools Foundation, Inc., for the purpose of awarding
scholarships to graduates of its secondary school system and/or for the further avowed purpose of
encouraging enrollment in the Anniston school system a...
2007-077 (PDF) »MSWord Format (in new window)
April 10, 2007
Honorable Don Davis Probate Judge of Mobile County 109 Government Street Post Office Drawer Seven
Mobile, Alabama 36601 Probate Courts – Public Records – Social Security Numbers Section 41-13-6 of
the Code of Alabama applies to state agencies, not a county office such as the probate judge’s office.
Thus, the probate judge is not authorized by section 41-13-6 to redact social security numbers from
documents filed in the probate court. Dear Judge Davis: This opinion of the Attorney General is issued in
response to your request. QUESTION Does section 41-13-6 of the Code of Alabama afford probate
courts the ability to redact information, such as social security numbers and dates of birth, contained in
a document that is offered for filing on the public records maintained by said courts? FACTS AND
ANALYSIS Section 41-13-6 provides, as follows, for the use of social security numbers on documents
available for public inspection: Notwithstanding any other law to the contrary, a state department,
licensing or regulatory board, agency, or commission is prohibited from placing or otherwise revealing
the Social Security number of a person, including...
2007-078 (PDF) »MSWord Format (in new window)
April 10, 2007
Honorable Del Marsh Member, Alabama State Senate Post Office Drawer 2365 Anniston, Alabama
36202 Water and Sewer Boards – Conflicts of Interest – Contracts – Calhoun County Section 41-16-60 of
the Code of Alabama precludes a member of the Water Works and Sewer Board of the City of Anniston
(“Board”) from having any personal or financial beneficial interest, directly or indirectly, in a contract for
the provision of services to the Board. Whether a direct or indirect benefit actually exists is a question of
fact for the Board to determine. Dear Senator Marsh: This opinion of the Attorney General is issued in
response to your request. QUESTION Can James Lloyd, who is a member of the Water Works and Sewer
Board of the City of Anniston and also a general contractor in Anniston, contract with Community
Development, L.L.C., for renovation work on the former AmSouth Bank building when such construction
will be in accordance with the plans and specifications approved by the Board and subject to final
acceptance and approval by the Board? FACTS AND ANALYSIS Your letter of request presents the
following facts: The Water Works and Sewer Board of th...
2007-089 (PDF) »MSWord Format (in new window)
May 3, 2007
Honorable Renee Culverhouse Interim Chancellor Alabama Department of Postsecondary Education
Post Office Box 302130 Montgomery, Alabama 36130-2130 Public Works – Postsecondary Education,
Department of – Maintenance Painting contracts of $50,000 or less entered into by the Alabama
Department of Postsecondary Education qualify as “public works” under section 39-2-2(b) of the Code of
Alabama and may be let with or without advertising or sealed bids. Dear Dr. Culverhouse: This opinion
of the Attorney General is issued in response to your request. QUESTION Inasmuch as maintenance
projects are considered public works, would it be in keeping with the Code to allow painting
contracts/expenses of $50,000 or less to be entered into or conducted with or without bids? FACTS AND
ANALYSIS In your letter of request, you informed this Office of the general facility maintenance needs of
two-year colleges in Alabama. Specifically, your letter stressed the necessity of interior and exterior
painting on high-use public facilities on the various campuses of the Alabama College System for
occupancy by students, faculty, staff, and the public. This request was s...
2007-093 (PDF) »MSWord Format (in new window)
May 7, 2007
Honorable W. Phil Eldridge Attorney, Geneva County Commission Post Office Drawer 338 206 West
Commerce Street Geneva, Alabama 36344 County Commissions – Pounds – Animals – Public Purpose –
Property – Contracts The Geneva County Commission (“Commission”) may donate real property and
funds to the Good Shepard Animal Shelter for the construction and operation of an animal shelter if the
Commission determines that a public purpose is served. Dear Mr. Eldridge: This opinion of the Attorney
General is issued in response to your request on behalf of the Geneva County Commission. QUESTION
May the Geneva County Commission donate real property for the construction of an animal shelter
and/or appropriate county funds for the operation of such animal shelter to the Good Shepard Animal
Shelter? FACTS AND ANALYSIS Your request states as follows: The Good Shepard Animal Shelter has
asked the Geneva County Commission to give them a one-acre tract of land to build an animal shelter
and to give them an annual appropriation for the operational cost of the shelter. This is a nonprofit
corporation whose purpose is to provide a shelter for homele...
2007-094 (PDF) »MSWord Format (in new window)
May 7, 2007
Honorable Billy Yates Etowah County Circuit Clerk 801 Forest Avenue Gadsden, Alabama 35901
Absentee Election Manager – Compensation – Election Officials – Elections An absentee election
manager is entitled to receive additional compensation from the state for the performance of his or her
duties during the 2006 primary and runoff statewide election. Based on sections 17-6-13 and 17-10-14
of the Code of Alabama, an absentee election manager is entitled to receive an additional $25 per day
for the 45-day period prior to and on the day of the election. An absentee election manager is entitled
to receive compensation for the days between the primary and runoff election, including the day of the
runoff election, in the same amount. Dear Mr. Yates: This opinion of the Attorney General is issued in
response to your request. QUESTIONS As absentee election manager, am I entitled to be compensated
at the rate of $25 per day for 88 days as additional compensation for the primary election and primary
runoff election in 2006? Is the state or the county responsible for providing the absentee election
manager with this compensation? FACTS AND ANALYSIS I...
2007-095 (PDF) »MSWord Format (in new window)
May 8, 2007
Honorable Chad Harless Pickens County Coroner 167 Fox Ridge Drive Gordo, Alabama 35466 Emergency
Management Agency – Directors – Conflicts of Interest – Coroner – Office of Profit – Pickens County A
county coroner may serve as county EMA director. Dear Mr. Harless: This opinion of the Attorney
General is issued in response to your request. QUESTION Is it a conflict of interest to hold the office of
county coroner and also be appointed county EMA director? FACTS AND ANALYSIS Section 280 of the
Constitution of Alabama prohibits a person from holding two offices of profit at the same time. It states
as follows: No person holding an office of profit under the United States, except postmasters, whose
annual salaries do not exceed two hundred dollars, shall, during his continuance in such office, hold any
office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person
hold two offices of profit at one and the same time under this state, except justices of the peace,
constables, notaries public, and commissioner of deeds. ALA. CONST. art XVII, § 280 (emphasis added). A
person holds an office of pr...
2007-097 (PDF) »MSWord Format (in new window)
May 16, 2007
Honorable J. Lee McPhearson Attorney, Choctaw County Commission 124 South Mulberry Avenue
Butler, Alabama 36904 County Commissioners – Sheriffs – Conflicts of Interest – Budgets –
Compensation A Choctaw County commissioner does not have a direct personal and pecuniary interest
in matters affecting the Choctaw County Sheriff’s Department based solely on the fact that his brother
has been elected Sheriff of Choctaw County. In the absence of a statutory provision addressing this
issue, the commissioner is allowed to vote on all matters that may affect the Choctaw County Sheriff’s
Department, including the Sheriff’s Department budget and other personnel issues. Dear Mr.
McPhearson: This opinion of the Attorney General is issued in response to your request on behalf of the
Choctaw County Commission. QUESTIONS Is Commissioner Lovette prohibited from voting on all
matters that may affect the Choctaw County Sheriff’s Department? Is it proper for Commissioner
Lovette to vote on Choctaw County’s General Fund Budget, which would historically include the Sheriff
Department’s budget? Is it proper for Commissioner Lovette to vote on the hiring, firing, ...
2007-108 (PDF) »MSWord Format (in new window)
July 3, 2007
Honorable Charles Couch Mayor, Town of Union Grove Post Office Box 67 Union Grove, Alabama 35175
Municipalities – Counties – Junkyards – Ordinances – Marshall County The Marshall County Junk
Ordinance does not apply to the Town of Union Grove absent an amendment to the ordinance and the
approval of the town council. Dear Mayor Couch: This opinion of the Attorney General is issued in
response to your request on behalf of the Town of Union Grove. QUESTION Is the Marshall County Junk
Ordinance applicable to the Town of Union Grove? FACTS AND ANALYSIS Section 1 of the Marshall
County Junk Ordinance governs the purpose and authority of the ordinance. It states that the ordinance
was adopted pursuant to section 11-3A-2 of the Code of Alabama. Marshall County, Ala., Junk Ordinance
§ 1 (Feb. 12, 2007). Section 11-3A-2 granted certain powers to the counties to provide for the public
welfare, health, and safety “throughout the unincorporated areas of the county.” ALA. CODE § 11-3A2(a) (Supp. 2006) (emphasis added). Those powers specifically include “junkyard control of areas which
create a public nuisance because of an accumulation of items descri...
2007-113 (PDF) »MSWord Format (in new window)
July 9, 2007
Honorable Don Kyle Mayor, City of Decatur Post Office Box 488 Decatur, Alabama 35602 Municipalities
– Taxes – Penalties – Collections – Revenue Department – Morgan County A municipality that elects to
use the online tax filing system provided by the Alabama Department of Revenue to collect its taxes
must have penalty provisions that parallel the penalties assessed by the Alabama Department of
Revenue. Dear Mayor Kyle: This opinion of the Attorney General is issued in response to your request on
behalf of the City of Decatur. QUESTION Does Act 98-192, duly adopted and as last amended by the
State Legislature, or any other provision of the Code require a self-administered municipality to assess
the same types and rates of penalties as are assessed by the Alabama Department of Revenue (“ADOR”)
with respect to sales, use, lodgings, or rental taxes that ADOR administers for the state or administers
for municipalities that elect to have the ADOR collect the taxes for the respective municipality? FACTS
AND ANALYSIS Your letter of request states the following: The City of Decatur is considering using the
online tax filing capability provided by th...
2007-120 (PDF) »MSWord Format (in new window)
August 1, 2007
Honorable Donny B. Ray Blount County Revenue Commissioner 220 Second Avenue East, Room 104
Oneonta, Alabama 35121 Omnibus Pay Raise Bill – Longevity Payments – County Commissions – County
Employees – Offices and Officers The pay schedule adopted by the Blount County Commission does not
meet the “uniform” requirements of section 11-2A-4(a) of the Code of Alabama. Dear Mr. Ray: This
opinion of the Attorney General is issued in response to your request. QUESTION ONE Does the pay
schedule adopted by the Blount County Commission meet the “uniform” requirements of section 11-2A4(a) of the Code? FACTS AND ANALYSIS In your letter of request, you informed this Office that on
October 1, 2004, the Blount County Commission (“Commission”) implemented a step-raise plan that
gives longevity increases to all county employees. The increases within the pay scale are not based upon
a performance evaluation or some other criteria. Instead, for each succeeding year that a person is
employed with the county, that person proceeds to the next succeeding step within that person’s
classification or grade. There are a total of 15 steps and 15 grades within this pay ...
2007-122 (PDF) »MSWord Format (in new window)
August 6, 2007
Honorable Jimmy S. Calton City Attorney City of Eufaula Post Office Box 219 Eufaula, Alabama 360720219 Municipalities – Sales Taxes – Public Purpose – Appropriations – Barbour County Section
94.01(a)(3) of the Recompiled Constitution of Alabama permits the City of Eufaula (“City”) to provide
public funds to a public or private company to attract economic development within the City of Eufaula
if such action serves a public purpose and a public meeting where proper notice is given is held
regarding the proposed action. Whether the proposed action by the City serves a public purpose is a
determination that must be made by the City. The City may not provide public funds to a movie theater
company in the form of a rebate of the gross receipts license movie ticket tax. If it determines a public
purpose would be served, the City may make an annual appropriation to the company that is not tied
directly to the tax. Dear Mr. Calton: This opinion of the Attorney General is issued in response to your
request on behalf of the City of Eufaula. QUESTION Does Section 94.01(a)(3) of the Recompiled
Constitution of Alabama permit the City of Eufaula to provide a re...
2007-123 (PDF) »MSWord Format (in new window)
August 7, 2007
Honorable Larry Means Member, Alabama State Senate 1106 Sixth Street Attala, Alabama 35954 Fair
Campaign Practices Act — Election Contests – Contributions – Etowah County Pursuant to section 17-57(b)(4) [formerly section 17-22A-7(b)(4)] of the Code of Alabama, a candidate, public official, or principal
campaign committee may solicit and accept contributions to pay all expenses associated with an
election challenge, even though more than 120 days have expired since the candidate’s name appeared
on the ballot, and even while the Alabama Legislature is in session. Dear Senator Means: This opinion of
the Attorney General is issued in response to your request. QUESTIONS Under section 17-22A-7(b)(4) of
the Code of Alabama, recodified as section 17-5-7(b)(4), may a State Senator raise funds to pay expenses
associated with ongoing litigation involving his election, even though more than 120 days have expired
since he appeared on the ballot as a candidate in the November 7, 2006, general election? Under
section 17-22A-7(b)(4) of the Code, recodified as section 17-5-7(b)(4), may a State Senator raise funds to
pay expenses associated with ongo...
2007-125 (PDF) »MSWord Format (in new window)
August 15, 2007
Honorable Leala E. Aycock Mayor, Town of Coffee Springs Post Office Box 8 Coffee Springs, Alabama
36318 Municipalities – Gasoline Tax – Roads, Highways and Bridges – Geneva County A municipality may
use the proceeds from a four cent gasoline tax to install speed bumps on streets. Dear Mayor Aycock:
This opinion of the Attorney General is issued in response to your request on behalf of the Town of
Coffee Springs. QUESTION Can a municipality use four cent gasoline tax monies to install speed bumps
on street? FACTS AND ANALYSIS A four cent tax on gasoline and motor fuels is levied for highway
purposes by section 40-17-220 of the Code of Alabama. ALA. CODE § 40-17-220 (2003). Section 40-17224 provides that the tax proceeds are to be used for resurfacing, restoration, and rehabilitation of
highways. It states, in pertinent part, as follows: (a) Within the meaning of this section the following
words and phrases shall have the following meaning: (1) RESURFACING, RESTORATION, AND
REHABILITATION (RRR). Work undertaken primarily to preserve an existing facility. Restoration and
rehabilitation is considered to be work required to return the...
2007-138 (PDF) »MSWord Format (in new window)
September 21, 2007
Honorable Sheila G. Moore Winston County Judge of Probate Post Office Box 27 Double Springs,
Alabama 35553 Probate Judges - Fees - Compensation Act 2000-108 creates a new population-based
compensation plan but excludes officials on the fee system of compensation from the new plan and
removes the limitation on income of probate judges who are on the fee system of compensation. The
new fee schedule codified in section 12-19-90 of the Code of Alabama must be charged by all probate
offices, except for Mobile County and Cullman County, including probate offices in which the judge of
probate is on the fee system of compensation. Dear Judge Moore: This opinion of the Attorney General
is issued in response to your request. QUESTION Does Act 2000-108 require probate judges on the fee
system of compensation to increase the recording fees they charge in accordance with the schedule set
forth in the act, or are such judges exempt from these changes? FACTS AND ANALYSIS You inquire about
the effects of Act 2000-108 ("the Act") on both the compensation of fee-based probate judges and the
schedule of fees charged by such judges. The preamble to the act st...
2008-007 (PDF) »MSWord Format (in new window)
October 19, 2007
Honorable Rodney Christian Mayor, Town of Odenville Post Office Box 113 Odenville, Alabama 35120
Municipalities - Police Jurisdiction - Police Protection - St. Clair County The Odenville Police Department
may provide only emergency services in its police jurisdiction if the revenue collected in the police
jurisdiction "reflects reasonable compensation" to the town for the cost of the emergency services
provided. The monies collected must do no more than recoup the costs of providing the emergency
response services. Dear Mayor Christian: This opinion of the Attorney General is issued in response to
your request on behalf of the Town of Odenville. QUESTION Can the Odenville Police Department
answer emergency calls only in the jurisdiction and still collect one half of the revenues due within the
jurisdiction? FACTS AND ANALYSIS In your letter, you informed this Office that the Town of Odenville has
recently merged with the Town of Branchville pursuant to section 11-42-100.1(c) of the Code of
Alabama creating a larger jurisdiction. As a result of the merger, Odenville's police jurisdiction has
become larger. Section 11-40-10 of the Code d...
2008-008 (PDF)
»MSWord Format (in new window) October 19, 2007
Honorable William L. Nix, Attorney Huguley Water, Sewer, and Fire Protection Authority Morrow & Nix
1108 Third Avenue Post Office Box 466 West Point, Georgia 31833 Water, Sewer, and Fire Protection
Authority - Fire Protection Fee - Fire Protection - Fire Districts - Chambers County Fire protection
authorities formed pursuant to section 11-88-1, et seq., of the Code of Alabama are not required to
provide services to their entire defined service territory. Residents within the territory who receive such
services by virtue of a municipal fire department or a volunteer fire department should not be charged
by the authority. Section 11-88-7(a)(24) allows fire protection authorities to charge reasonable rates,
fees, and other charges for fire protection services. The determination of whether a particular rate or
fee is reasonable must be made by the authority. Dear Mr. Nix: This opinion of the Attorney General is
issued in response to your request on behalf of the Huguley Water, Sewer, and Fire Protection
Authority. QUESTIONS ONE AND TWO Is the Huguley Water, Sewer, and Fire Protection Authority
required to provide fire protection services to all pa...
2008-014 (PDF) »MSWord Format (in new window)
November 26, 2007
Honorable Randy Wood Member, House of Representatives Post Office Box 4432 Anniston, Alabama
36204 Constitution - Amendments - Ratification - Elections - Calhoun County The "time of the
ratification" of Section 7 of the Calhoun County local amendments was November 3, 1998, the date the
amendment was approved by a vote of the qualified electors. Dear Representative Wood: This opinion
of the Attorney General is issued in response to your request. QUESTION What was the "time of
ratification" of Amendment 629 to the Constitution of Alabama, which now appears as Section 7 of the
Official Recompilation to the Constitution of Alabama, Local Amendments, Calhoun County? FACTS AND
ANALYSIS Section 7 of the Calhoun County local amendments ("Section 7") is a local constitutional
amendment relating to the phasing out of supernumerary programs in Calhoun County. Section 7 states,
in relevant part, as follows: (b) A mayor, sheriff, or elected or appointed Calhoun County official may not
assume a supernumerary office after the effective date of this amendment. Any person who, on the
effective date of this amendment, is entitled to participate in a super...
2008-020 (PDF) »MSWord Format (in new window)
December 11, 2007
Honorable Steve Swafford County Executive Officer Cleburne County Commission 120 Vickery Street,
Room 207 Heflin, Alabama 36264 County Commissions - Election Contests - Legal Fees - Attorneys Fees Cleburne County County funds cannot be used to pay the legal fees incurred by a county commissioner
in the defense of an election contest because a proper corporate interest does not exist. Alabama law
does not authorize a county commission to seek reimbursement of legal expenses from an unsuccessful
contestant in an election contest. Dear Mr. Swafford: This opinion of the Attorney General is issued in
response to your request on behalf of the Cleburne County Commission. QUESTION ONE If a county
commissioner is named as a contestee in an election contest after election results have been certified, a
mandatory recount has been performed, and he or she has been sworn in, may the county commission
legally defend and pay for the legal defense of the results of the election? If no effort was made by the
county commission at the time of the contest to legally defend and pay for the legal defense in support
of the results of the election, may the county co...
2008-021 (PDF) »MSWord Format (in new window)
December 14, 2007
Honorable Greg Canfield Member, House of Representatives 701 Montgomery Highway, Suite 207
Birmingham, Alabama 35216 Telecommunications - Franchises - Municipalities - Right-of-Way - Jefferson
County A telecommunications service provider that obtained a statewide franchise under the
predecessor of section 23-1-85 of the Code of Alabama and prior to the enactment of the 1901 Alabama
Constitution, may, under state law, use and/or modify its existing transmission facilities or install new
transmission facilities within a municipality's rights-of-way (absent municipal approval) for the purpose
of providing new services, such as high speed internet access, video services, video programming, voiceover-internet services, or like services, that are technological advancements of communication services
and which facilitate the transmission of intelligence and are consistent with the existing servitude. Dear
Representative Canfield: This opinion of the Attorney General is issued in response to your request.
QUESTION May a telecommunications service provider, pursuant to its statewide franchise and absent
municipal approval, use and/or modify its existing tr...
2008-027 (PDF) »MSWord Format (in new window)
December 27, 2007
Honorable William E. Shinn, Jr. County Attorney Harris, Caddell & Shanks, P.C. Post Office Box 2688
Decatur, Alabama 35602-2688 County Commissions - Competitive Bid Law - Solid Waste Disposal Purchasing - Morgan County The Morgan County Commission, and its division known as the Morgan
County Environmental Services ("MCES"), has the authority to enter into a contract with Seth Ballew for
the purchase of the assets and service contracts owned by Seth Ballew's waste collection business. This
purchase, however, is subject to the requirements of the Competitive Bid Law. The MCES must submit
its proposed purchase of 160 used dumpsters and waste collection service contracts to the competitive
bidding process. Dear Mr. Shinn: This opinion of the Attorney General is issued in response to your
request on behalf of the Morgan County Commission. QUESTIONS Does Morgan County, the Morgan
County Commission, or its divisions known as Morgan County Environmental Services, have the
authority to purchase the assets of the Seth Ballew business, including the used front-load dumpsters
and the going concern value of the business, as represented by the service contracts...
2008-029 (PDF) »MSWord Format (in new window)
December 27, 2007
Honorable W. N. Watson Attorney, DeKalb County Commission Watson & Gillis 305 Grand Avenue,
South Fort Payne, Alabama 35967 Municipalities - County Commissions - Jails - Medical Expenses Indigents A county is not responsible for the medical costs of an indigent municipal prisoner simply
because the county has agreed to house municipal prisoners. Dear Mr. Watson: This opinion of the
Attorney General is issued in response to your request on behalf of the DeKalb County Commission.
QUESTION Even though the inmates remain municipal inmates, does the fact that they are physically
housed in a county facility create any obligation on the part of the county to provide or pay for medical
expenses incurred during his or her incarceration? FACTS AND ANALYSIS In your letter of request, you
informed this Office that many municipalities in DeKalb County house their inmates in the DeKalb
County jail, some of which are serving long-term multiple sentences. Those inmates remain municipal
inmates at all times. On occasion, however, some of these municipal inmates who are housed in the
county jail require outside medical treatment. Section 14-6-19 of th...
2008-042 (PDF) »MSWord Format (in new window)
January 11, 2008
Honorable William E. Shinn, Jr. County Attorney Harris, Caddell & Shanks Post Office Box 2688 Decatur,
Alabama 35602-2688 Supernumerary Status - Compensation - County Commissions - Morgan County A
county commission can vote to increase or remove the limitation on compensation of a supernumerary
official only after the official has assumed supernumerary status. Dear Mr. Shinn: This opinion of the
Attorney General is issued in response to your request on behalf of the Morgan County Commission.
QUESTION Does the Morgan County Commission have the authority to increase or remove the $49,600
per year compensation limitation on supernumerary officials before an official assumes supernumerary
status? FACTS AND ANALYSIS Section 40-6-3(4) of the Code of Alabama generally limits the
compensation of a supernumerary official to 49,600 per year. The governing body of the county,
however, is authorized to increase or remove the salary limitation under certain circumstances. Section
40-6-3 provides that "[t]he county governing body may, by majority vote of the membership, elect to
increase or remove this monetary limitation on compensation for any person w...
2008-048 (PDF) »MSWord Format (in new window)
January 31, 2008
Honorable James E. Turnbach Attorney, Etowah County Commission Turnbach, Warren, Roberts & Lloyd
Post Office Box 129/200 Chestnut Street Gadsden, Alabama 35902 Electronic Voting - Vote-Counting
Machines - County Commissions - Elections The county commission is authorized to determine the
number of electronic voting machines for each voting place, so long as the number of voters allowed for
each electronic voting machine does not exceed 2400 or the maximum number recommended by the
manufacturer if that number is less than 2400. Dear Mr. Turnbach: This opinion of the Attorney General
is issued in response to your request on behalf of the Etowah County Commission. QUESTIONS Under
current Alabama law, who is authorized to select the number of electronic voting machines for each
voting place? What are the guidelines to determine the maximum number of voters for each electronic
voting machine to be utilized at the voting places? FACTS AND ANALYSIS The term "electronic voting
machine" includes both precinct ballot counters and electronic ballot counters. ALA. CODE § 17-1-2(12)
(2006). Precinct ballot counters are electronic paper ballot c...
2008-053 (PDF) »MSWord Format (in new window)
February 13, 2008
Honorable Wayne Gruenloh Chairman, Baldwin County Commission 312 Courthouse Square, Suite 12
Bay Minette, Alabama 36507 Absentee Election Manager - Absentee Voting - County Commissions Compensation - Assistants The Baldwin County Commission may not designate multiple "places or
offices" where the duties of the absentee election manager are performed. The Baldwin County
Commission may not appoint assistants for the absentee election manager that have the same authority
as the absentee election manager. Baldwin County personnel serving as appointed assistants of the
absentee election manager are not entitled to compensation as provided for in sections 17-11-14 and
17-8-12 of the Code of Alabama. Dear Mr. Gruenloh: This opinion of the Attorney General is issued in
response to your request on behalf of the Baldwin County Commission. QUESTION ONE Can the Baldwin
County Commission designate multiple "places or offices" where the duties of the absentee election
manager are performed? FACTS AND ANALYSIS Baldwin County is a geographically expansive county
with a significant number of voters residing substantial distances from the county seat i...
2008-057 (PDF) »MSWord Format (in new window)
March 13, 2008
Honorable Steve Swafford County Executive Officer Cleburne County Commission 120 Vickery Street,
Room 207 Heflin, Alabama 36264 Hospital Boards - Health Care - Funds - Emergency Medical Services Emergency Management Communications - Hospital Tax The Cleburne County Hospital Board does not
have the authority to spend Amendment 72 funds to subsidize or reimburse the cost of providing
emergency medical dispatch training and related expenses for Cleburne County 911 ("CC911")
dispatchers. The Cleburne County Hospital Board has the authority to appropriate Amendment 72 funds
to Cleburne County Emergency Medical Services to be used by Cleburne County Emergency Medical
Services to purchase dispatch services from Cleburne County 911 in support of the Cleburne County
Emergency Medical Services. Dear Mr. Swafford: This opinion of the Attorney General is issued in
response to your request on behalf of the Cleburne County Commission. QUESTION ONE Does the
Cleburne County Hospital Board have the authority to spend Amendment 72 funds to fund or reimburse
the cost of providing emergency medical dispatch training and related expenses for Cleburne County 9...
2008-061 (PDF) »MSWord Format (in new window)
March 17, 2008
Honorable James E. Turnbach Attorney, Etowah County Commission Turnbach, Warren, Roberts & Lloyd
Chestnut at Second/Suite A Post Office Box 129/200 Chestnut Street Gadsden, Alabama 35902
Honorable Roger W. Kirby Attorney, City of Gadsden Legal Department Post Office Box 267 Gadsden,
Alabama 35902-0267 Sheriffs - Prisons and Prisoners - Meals - Funds - Sales Tax - Privilege License Taxes
- County Commissions Feeding prisoners in the county jail is an official part of the duties of the office of
the sheriff. The sheriff may contract with a private business to feed the prisoners. The business must pay
any local license tax. The sheriff may purchase food products and transfer them to the business to be
used for feeding the prisoners without incurring sales tax. The sheriff may retain any surplus from the
food service allowance as personal income. Dear Sirs: This opinion of the Attorney General is issued in
response to your requests. QUESTIONS 1. Is the provision of food services for prisoners in the county jail
an official part of the duties of the sheriff, or can the food operation be operated individually by the
sheriff? 2. Can the s...
2008-063 (PDF) »MSWord Format (in new window)
March 18, 2008
Honorable Lorey Bogen Councilmember, Town of Brantley Post Office Box 44 Brantley, Alabama 36009
Municipalities - Sheriffs - Traffic Offenses - Roads, Highways and Bridges - Crenshaw County Alabama
law gives sheriffs and their deputies law enforcement authority over the entirety of their respective
counties. This authority is not limited or restricted inside the city limits of a municipality that is located
within the sheriff's respective county. A county sheriff is not required to obtain permission or prior
approval of a municipal government or police department before it may perform law enforcement
operations within the limits of a municipality. Dear Mr. Bogen: This opinion of the Attorney General is
issued in response to your request. QUESTION Does the county sheriff's department have the right to
come into the Town of Brantley and set up road blocks and run radar every day without the permission
of the municipal government or police department? FACTS AND ANALYSIS In your letter of request to
this Office, you stated that the Town of Brantley is a small rural municipality in South Crenshaw County
with a population of 920. You also stated ...
2008-065 (PDF) »MSWord Format (in new window)
March 24, 2008
Honorable Aubrey W. Ellis Chairman, Sumter County Commission Post Office Box 70 Livingston, Alabama
35470 County Commissions - Waivers -Compensation - Public Funds A county commissioner who has
voluntarily diminished the commissioner's compensation under section 36-6-10 of the Code of Alabama
may not direct the spending of the unused funds. The county commission may amend the budget to
divert the funds to other purposes. Dear Mr. Ellis: This opinion of the Attorney General is issued in
response to your request on behalf of the Sumter County Commission. QUESTIONS 1. If a county
commissioner elects to accept only one-half of the commissioner's salary because of income
restrictions, will the commissioner be able to direct the spending of the remaining funds? 2. Are the
remaining funds still classified as public funds and subject to applicable laws and policies of the county
commission? FACTS AND ANALYSIS Your request states as follows: In December 2007, Marie Carter was
appointed by the Governor to the Sumter County Commission ("Commission") due to the death of
Commissioner Edward Hardrick in October 2007. The 2008 operating budget of...
2008-073 (PDF) »MSWord Format (in new window)
April 21, 2008
Honorable Melvyn W. Salter Chairman, Cherokee County Commission 260 Cedar Bluff Road, Suite 103
Centre, Alabama 35960 Public Records - Revenue Commissioners - County Commissions - Employees,
Employers, Employment The Cherokee County Commission ("Commission") must make available, for
inspection and copy, time sheets of employees in the Revenue Commissioner's Office. Certain sensitive
information, however, that may be contained in those records, such as doctor's excuses or time off
taken for medical reasons or personal vacation time, is not public record. Other information that may be
contained in the records requested, such as medical history, confidential recommendations for
employment, drug or alcohol testing results, home addresses, telephone numbers, Social Security
numbers, and marital status of public employees, are not public records and are not subject to
disclosure. The custodian of records responding to these requests for public records should ensure that
the aforementioned sensitive personnel information is redacted from any publicly disclosed records. The
custodian of records may recover the reasonable cost involved in providing the requested records t...
2008-076 (PDF) »MSWord Format (in new window)
May 7, 2008
Honorable Leah Patterson Lust Cullman County Probate Judge Post Office Box 970 Cullman, Alabama
35056 Probate Judges - Poll Lists - Fees Judges of probate are entitled to receive $.05 per name for
preparation of the certified list of registered voters for run-off elections if the judge actually prepares
and provides a separate list. Dear Judge Lust: This opinion of the Attorney General is issued in response
to your request. QUESTION Are county commissions required to pay judges of probate $.05 per name
for the preparation of the certified list of registered voters for run-off elections? FACTS AND ANALYSIS
Judges of probate are required to prepare lists of the qualified electors registered by precinct, district,
ward, or other subdivision and deliver those lists to the election officials in each subdivision immediately
preceding "every general, primary, or special election. . . ." ALA. CODE § 17-4-2 (2006); opinion to
Honorable Julie S. Moody, Attorney, Covington County Commission, dated January 5, 1999, A.G. No. 9900070. Section 17-3-60 of the Code sets the rate of compensation owed to judges of probate for the
preparation of these lists....
2008-077 (PDF) »MSWord Format (in new window)
May 7, 2008
Honorable Bobby M. Junkins Etowah County Probate Judge Post Office Box 187 Gadsden, Alabama
35902 Probate Judges - Poll Lists - Fees The Etowah County Judge of Probate is authorized by Etowah
County Local Act 79-354 to receive up to $.05 cents per name to prepare and furnish the list of qualified
electors to the election inspectors for presidential preference primary elections. Dear Judge Junkins:
This opinion of the Attorney General is issued in response to your request. QUESTION May the Etowah
County Judge of Probate receive $.05 cents per name to prepare the list of qualified electors required to
be furnished to the election inspectors for the 2008 presidential preference primary? FACTS AND
ANALYSIS Etowah County Local Act 79-354 provides compensation to the Judge of Probate for the
preparation of the list of qualified electors that he or she is required to furnish the election inspectors.
This local act provides compensation at the rate of $.05 per name, in lieu of the same amount provided
by the general law in section 17-3-60 of the Code of Alabama. Section 17-13-100, however, precludes
judges of probate from receiving $.05 per name, a...
2008-078 (PDF) »MSWord Format (in new window)
May 7, 2008
Honorable Walter B. Calton Barbour County Attorney Post Office Box 398 Clayton, Alabama 36016
County Commissioners - Superintendents of Education - Office of profit - Conflicts of Interest Because a
county superintendent of education does not hold an office of profit, a county commissioner would not
be precluded by section 280 of the Constitution of Alabama from serving as a county superintendent of
education. Dear Mr. Calton: This opinion of the Attorney General is issued in response to your request
on behalf of the Barbour County Commission. QUESTION May a part-time county commissioner serve as
county superintendent of education? FACTS AND ANALYSIS Section 280 of the Constitution of Alabama
prevents any person from holding two offices of profit at the same time. This section provides as
follows: No person holding an office of profit under the United States, except postmasters, whose
annual salaries do not exceed two hundred dollars, shall, during his continuance in such office, hold any
office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person
hold two offices of profit at one and the sa...
2008-079 (PDF) »MSWord Format (in new window)
May 7, 2008
Honorable Dan Weinrib Jefferson County Tax Assessor 716 Richard Arrington Jr. Boulevard North
Birmingham, Alabama 35203 Ad Valorem Taxes -- Homestead Exemption -- Age Requirements -- Income
Requirements -- Disability There is no age or income limitation for claiming a homestead exemption for
someone is who is retired because of a permanent and total disability or who is blind as defined by
section 1-1-3 of the Code of Alabama. It would be improper to grant a disability exemption provided for
in section 40-9-19(d) of the Code if the person seeking the exemption is retired and the retirement is not
disability related. Section 40-9-19(d) of the Code of Alabama specifically provides that homesteads for
residents of this state over 65 years of age who have an annual adjusted gross income of less than
$12,000, as reflected on the most recent state income tax return or some other appropriate evidence;
who are retired due to permanent and total disability, regardless of age; or who are blind, as defined in
section 1-1-3 of the Code, regardless of age or whether such person is retired, are exempted from ad
valorem property taxes levied by any county of this state, includ...
2008-080 (PDF) »MSWord Format (in new window)
May 7, 2008
Honorable Phillip Jean Secretary-Treasurer Industrial Development Board of the City of Cordova 74 Main
Street Cordova, Alabama 35550 Industrial Development Boards - Funds - Investments - Projects - Walker
County The City of Cordova has no control over the expenditure of funds by the Industrial Development
Board of the City of Cordova ("Board"). The Board does not have the authority to invest its funds. The
Board must pay any net earnings to the city after payment of expenses, bonds, and other obligations.
Dear Mr. Jean: This opinion of the Attorney General is issued in response to your request on behalf of
the Industrial Development Board of the City of Cordova. QUESTIONS (1) Can monies of the Industrial
Development Board of the City of Cordova be taken over by the city? (2) Can the Board invest monies
and designate that only the interest be used for the stated purposes of the Board? (3) Must any monies
be earmarked or designated for specific purposes as such monies might come into the treasury? (4) May
the Board put aside or invest some monies for future or potential industries to use as incentives by
providing them with
2008-083 (PDF) »MSWord Format (in new window)
May 15, 2008
Honorable Butch Taylor Member, House of Representatives 224 Taylor Avenue New Hope, Alabama
35760 Real Estate Agents, Brokers and Dealers - Privilege License Taxes - Counties - Municipalities Madison County Counties are not prevented from levying business privilege taxes and requiring licenses
of real estate companies that have been taxed or licensed by a municipality pursuant to section 34-2730.1 of the Code of Alabama. Dear Representative Taylor: This opinion of the Attorney General is issued
in response to your request. QUESTION Is a county allowed to levy business privilege taxes and require
the licensing of real estate companies that have already been taxed or licensed by a municipality
pursuant to section 34-27-30.1 of the Code of Alabama? FACTS AND ANALYSIS Section 34-27-30 of the
Code of Alabama provides as follows: It shall be unlawful for any person, partnership, corporation, or
branch office, for a fee, commission, or other valuable consideration, or with the intention or
expectation of receiving or collecting a fee, commission, or other valuable consideration from another,
to do any of the following unless he ...
2008-091 (PDF) »MSWord Format (in new window)
June 11, 2008
Honorable Melvyn W. Salter Probate Judge, Cherokee County Cherokee County Administrative Center
260 Cedar Bluff Road, Suite 103 Centre, Alabama 35960 Probate Judges - Convictions - Benefits - Health
Insurance - County Commissions A former probate judge convicted of a federal felony offense of
extortion is not entitled to receive any benefits from the office and, therefore, is not entitled to the
payment of health insurance premiums by the county commission. Dear Judge Salter: This opinion of the
Attorney General is issued in response to your request. QUESTION When an elected official is convicted
of a felony and removed from office as a result of his criminal offense, is the county commission
responsible for paying the deposed elected official's health insurance under a rule in the county
personnel manual? FACTS AND ANALYSIS Former Probate Judge Phillip Jordan resigned from office as
Probate Judge of Cherokee County and Chairman of the Cherokee County Commission in June of 2004
and thereafter entered a plea agreement wherein he plead guilty to federal felony charges of extortion
for actions committed while serving as the Probate Judge and th...