Public Office Issues
Opinion
# 99-041
Discussion providing that an employee of a solid waste authority
is not prohibited from running and serving as a county commissioner. Opinion
# 99-260
Discussion advising that county commissioner cannot serve as
chief of police because both are an office of profit. Opinion
# 2000-036
Discussion regarding a county commissioner serving on the
board of directors of an industrial development authority. Opinion
# 2000-182
If a water authority is established pursuant to section 11-88-1
to 11-88-21 of the Code of Alabama, a council member cannot serve on the water
authority. Opinion
# 2001-055
Discussion of the appointment of a special coroner in the
absence of the elected coroner where there is no deputy coroner. Opinion
# 2001-060
Discussion of the appointment of an employee of the county
commission to fill a vacancy in the office of coroner. Opinion
# 2001-153
Discussion of application of anti-nepotism laws for county
commissioners and probate judges. Opinion
# 2001-180
Discussion of state law prohibiting public officials, including
county commissioners, from serving on county boards of human resources. Opinion
# 2001-276
Discussion of prohibition of voting or holding public office
following felony conviction and of restoration of rights through pardon. Opinion
#2002-109
Discussion of the prohibition against a public official serving
in two offices of profit (mayor and chief of police). Opinion
#2002-180
Discussion regarding an educational employee's leave and compensation
when the employee is away from work to perform the duties of a public office he
or she holds such as county commissioner or city council person. Opinion
#2002-194
Discussion explaining that a deputy sheriff may also serve
as county coroner because deputy sheriff is not an office of profit. Opinion
#2002-204
Discussion advising that a deputy sheriff may hold office of
police chief or coroner because deputy sheriff is not an office of profit but
he cannot be police chief and coroner because both are offices of profit. Opinion
#2002-207
Discussion providing that the coroner is not entitled to additional
compensation when he or she is fulfilling the duties of sheriff. Opinion
#2002-209
Discussion providing that a member of a governmental civil
service board is not an office of profit. Opinion
# 2002-283
Discussion explaining that a constable can be removed from
office by impeachment for certain causes as set out in the statute on removal
from office. Opinion
# 2003-065
Discussion providing that the unconditional resignation of
a public office is effective immediately and cannot be withdrawn, and need not
be accepted to be effective. Opinion
# 2003-097
Discussion regarding procedures for appointment of a temporary
acting official to serve while an elected official is called into active military
service. Opinion
# 2003-193
Discussion providing that the general manager of a water authority
is not prohibited by state law from running for the office of county commissioner
in the county where the authority is located. Opinion
# 2003-235
Discussion providing that an individual may serve as a chief
deputy sheriff and also as mayor of a municipality because the deputy position
is not an office of profit. Opinion
# 2004-005
Discussion providing that whether an elected official is a
resident is a factual question based upon the particular facts and circumstances
but that an official does not vacate his residency by a temporary absence unless
he has intent to abandon the residency and establish a permanent residence elsewhere. Opinion
# 2004-112
Discussion providing that a registrar must work a reasonable
amount of time and sufficient number of hours to justify the claim for compensation
under Sections 17-4-153 and 17-4-156. Opinion
# 2004-114
Discussion regarding the duties of coroner. Opinion
# 2004-124
Discussion providing that neither the probate judge nor any
other official has supervisory authority over the county board of registrars.
Opinion # 2004-137
Discussion providing that the position of county commissioner is vacated at the time of a commissioner’s conviction, i.e., when the jury returns a verdict of guilty.
Opinion # 2004-160
Discussion providing the circumstances under which a county commissioner can legally serve on a public board.
Opinion # 2004-193
Discussion providing that county water authority board members do not hold an office of profit.
Opinion # 2005-014
Discussion providing that the term of office of county commissioners commences at 12:01 A.M. on the first Tuesday following their election, and that the newly elected commissioners may take the oath of office and assume the office before the county election canvassing board certifies the election results.
Opinion # 2005-026
Discussion regarding oaths of office, qualifications for taking office, and when a new term of office begins.
Opinion # 2005-031
Discussion providing that a person is prohibited from serving as both a supernumerary tax official and a member of the board of registrars because both positions are offices of profit.
Opinion # 2005-079
Discussion providing that the manager of a park controlled by the Jackson County Park Board is not prohibited from serving on the Jackson County Commission, unless prohibited from doing so by the rules and regulations or terms of his or her employment.
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