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Most Recent Opinions (October 2008 - July 2009)
Opinion # 2009-001
Section 11-3-1.1(a) of the Code of Alabama does not permit the county commission to redraw the county commission district boundaries more than one time after each federal decennial census.
Opinion # 2009-002
The Board of Registrars may ask applicants for further proof of citizenship even if a completed voter registration form is submitted by the applicant and may refuse registration if an applicant fails to provide the additional proof requested.
Opinion # 2009-002
A voter identification card issued by the Board of Registrars that includes the name and address of the voter on the card is a government document that may be used by the voter as voter identification so long as it contains both the name and address of the voter.
Opinion # 2009-003
Purchases from a discretionary fund of the sheriff are not required to be made by competitive bidding.
Opinion # 2009-003
The sheriff is not required to obtain the approval of the county commission before making expenditures from a Sheriff's Fund created by local law.
Opinion # 2009-006
The board meetings of a health care authority organized pursuant to Alabama Code § 22-21-310 are not subject to the Open Meetings Law.
Opinion # 2009-010
When the seventh day following an election is a holiday, the tasks of the registrars and canvassing board required to be performed on the seventh day following the election should be performed on the following day and in the same manner as if the duties were being performed on the seventh day.
Opinion # 2009-012
Contracts between governmental entities are not required to be competitively bid.
Opinion # 2009-012
A county commission may sell real property from an abolished industrial park to a municipality for less than the actual cost of the property. The constitutional prohibition against granting a thing of value to a private entity would not apply where the sale is to another governmental entity and the county would continue to be the beneficiary of any development by the municipality.
Opinion # 2009-014
The election canvassing board must meet beginning at noon on the second Friday following an election to canvass the results of an election, and beginning at any other time would constitute a violation of the law punishable as a Class C misdemeanor.
Opinion # 2009-017
Pursuant to the law related to county departments of human resources, a member of the county board of human resources who files qualifying papers to run for public office or who is elected to public office is no longer qualified to serve on that board. However, a member of the State Board of Human Resources may serve public office.
Opinion # 2009-028
A governmental entity cannot contract with a private commercial interest for an exclusive franchise unless competitive bids are taken. An exclusive contract exists when a governmental entity grants a special privilege or contractual right for services to one entity.
Opinion # 2009-031
The county commission is not required to use the bid process when selling real estate owned by the county.
Opinion # 2009-033
“Maintenance” under the public works law is “the care and work put into property to keep it operating and productive” and includes general repair and upkeep.
Opinion # 2009-033
The constitutional prohibition against granting public funds to private entities (Section 94 of the Constitution) does not apply to the granting of public funds to other governmental entities.
Opinion # 2009-033
A local government may contract with a community center to renovate the center in exchange for the center making cultural facilities available to the public; provided that if the project exceeds $50,000, it is subject to bid under the public works law.
Opinion # 2009-035
A water authority's jurisdiction is not exclusive, meaning that (1) a municipality may extend water services to the service area of a water authority with the consent of the authority, (2) a water authority may extend its services to the service area of another water authority if the county commissions of the areas proposed to be served make findings that there is no public water system adequate to serve the area, and (3) private individuals or entities are not prohibited from providing water in the service area of a water authority.
Opinion # 2009-036
The sheriff is not required to seek or obtain the approval of any other county official before making payments from a discretionary fund, but may not use the fund to provide incentive compensation to deputies and jailers because state law provides that they are paid by the county. However, the county commission could use the fund for such compensation with the approval of the sheriff, provided (1) the compensation is prospective, (2) it is treated as a regular part of an employee's compensation, (3)is made pursuant to a written policy, and (4) is in exchange for additional consideration provided by the employees.
Opinion # 2009-041
The funds collected by the probate judge pursuant to a local act are public funds that must be included in an estimate of revenue to be furnished to the county for budget purposes under Alabama Code § 11-8-3.
Opinion # 2009-043
A public library created by a county and/or municipality pursuant to Alabama Code § 11-90-1 et seq. is an instrumentality of the governmental entity and as such, is exempt from the payment of sales taxes under Alabama Code § 40-23-4(a)(11).
Opinion # 2009-048
A person may be employed as a deputy sheriff and serve as a mayor of a town because a deputy does not hold an office of profit.
Opinion # 2009-049
A county sewer authority created pursuant to Alabama Code § 11-88-1 et seq. may not require a developer to dedicate a system to the authority, but may set specifications for the system that must be met before the Authority will accept a dedication. The authority’s jurisdiction is not exclusive and it may not require residents to connect to its sewer system.
Opinion # 2009-050
Unless otherwise provided by local law, the coroner in each county is responsible for the cost of transportation of bodies for the purpose of forensic examination.
Opinion # 2009-056
Alabama Code § 17-11-2 provides that a county employee who has been lawfully designated to serve as the absentee election manager in the place of the circuit clerk is entitled to the compensation or per diem authorized by law for the absentee election manager.
Opinion # 2009-057
County law library funds may be used to purchase and install trial aids, such as courtroom media systems, for use in the courtrooms.
Opinion # 2009-060
A governmental entity may enter into unit price contracts for certain repair and renovation projects if the contracts are executed in compliance with the public works law.
Opinion # 2009-061
If a governmental entity determines that a public purpose is served, it may join with nonprofit organizations to finance a community center, but should enter into a written contract setting out the benefits to be conferred to and the citizens in return for the funds appropriated to the organization. The governmental entity may accept donations from private individuals and civic clubs.
Opinion # 2009-063
Volunteer firefighters at the scene of a vehicle accident do not have arrest powers.
Opinion # 2009-064
A mayor may serve on a county park and recreation board because board members do not hold an office of profit.
Opinion # 2009-066
A person employed by the county commission as an animal control officer is under the supervision of the county commission regardless of whether that person is commissioned as a deputy sheriff.
Opinion # 2009-068
The term "economic development" includes expenditures for transportation infrastructure, maintenance, or improvement. However, where funds are to be used for economic development, the county commission must make a determination that a particular expenditure for transportation infrastructure, maintenance, or improvement serves an economic development purpose.
Opinion # 2009-071
A constable may contract with a nonprofit organization, law firm, or private company to provide private investigative service and/or security service while holding office, as long as the duties of such employment do not overlap, interfere, or present a conflict of interest with the duties of constable. A constable may not privately contract to provide service of process, because he or she has a preexisting statutory obligation to perform this duty.
Opinion # 2009-074
A city, county, or state agency in Alabama may not engage a private firm on a contingency-fee basis to collect delinquent property taxes.
Opinion # 2009-075
Municipal ordinances relating to fire protection, such as building codes and burn permits, may be enforced within the police jurisdiction of the municipality, but only municipal police officers have the authority to issue citations for violations of these municipal ordinances.
Opinion # 2009-076
The regular copy fee may not be charged to if individuals who use personal cameras or other electronic devices to make a copy of a public record, but an information retrieval fee may be charged if charged to all persons seeking records. The custodian of records does not have the authority to refuse the use of personal cameras or other electronic devices for receiving copies or retrieving information from public records unless the camera or other electronic device unduly interferes with the operation of the office.
Opinion # 2009-078
A health care authority is an instrumentality of the governing body which created it and, as such, is subject to audit by the Office of Examiners of Public Accounts. The authority may choose to have the audit performed by a certified public accountant, and that report becomes a matter of public record after acceptance and approval by the Department of Examiners of Public Accounts.
Opinion # 2009-080
An ex officio officer is a person who has power by virtue of the authority implied by an office. An ex officio officer has the same rights and privileges as other members, including the right to vote, unless expressly prohibited by the governing provisions of the entity.
Opinion # 2009-081
A community board which is an instrumentality of multiple counties must comply with the competitive bid law.
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