Alabama Advisory Opinions October 20, 1999: AGO 2000-010 (October 20, 1999)
Collection: Alabama Attorney General Opinions
Docket: AGO 2000-010
Date: Oct. 20, 1999
Advisory Opinion Text
AGO 2000-010.
Alabama State Representative
Post Office Box 1429
Phenix City, Alabama 36867
A county employee may not campaign on county time or use any state or county property or time for any political activity.
A county employee seeking election to the county commission must, upon qualifying, take a leave of absence from his or her duties with the county until the election is over.
Dear Representative Vance:
This opinion of the Attorney General is issued in response to your request.
May the Russell County Appraiser seek election to the Russell County Commission?
In your statement of the facts, you state that Mr. J. W. Brannen currently serves as Russell County Appraiser, a position that is filled by appointment of the Russell County Commission. Your letter further states that Mr. Brannen is interested in seeking election to the Russell County Commission.
Act No. 343 of the 1976 Regular Session provides for the employment of appraisers in Russell County. It provides that "[t]he Russell County Commission shall employ sufficient appraisers . . . to maintain on a current basis the appraisal . . . of all real property and valuation of personal property within the county." 1976 Ala. Acts No. 343, 388. The appraisers in Russell County are employees of the county.
The answer to your question is controlled by the provisions of Section 17-1-7 of the Code of Alabama. The pertinent provisions of this section of law provide:
(a)(2) No person in the employment of any county, whether classified or unclassified, shall be denied the right to participate in city, county, or state political activities to the same extent as any other citizen of the State of Alabama.
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(c) No person in the employment of . . . a county . . . shall use any state, county, or city funds, property or time, for any political activities. Any person who is in the employment of . . . a county . . . shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays.
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ALA. CODE §17-1-7 (1995).(d) Notwithstanding subsection (c), any employee of a county . . . who qualifies to seek a political office with the governmental entity with which he or she is employed, shall be required to take an unpaid leave of absence from his or her employment, or use accrued overtime leave, or use accrued vacation time . . . from the date he or she qualifies to run for office until the date on which the election results are certified or the employee is no longer a candidate or there are no other candidates on the ballot. For the purposes of this subsection, the term "employing authority" means the county commission for county employees. . . . Any employee who violates this subsection shall forfeit his or her employment position.
The Russell County Appraiser is a county employee. As such, he may seek election to the Russell County Commission, but is subject to the provisions of section 17-1-7 of the Code of Alabama and may not campaign on county time or use any state or county property, time, or funds for this or any political activity. Because the county appraiser is an employee of the county, upon qualifying to seek election to the county commission, he must take an unpaid leave of absence and/or use accrued overtime and vacation time from the date he qualifies to seek the office until the election is over, until he is no longer a candidate, or until he is the only remaining candidate for that position.
I hope this opinion answers your question. If this Office can be of further assistance, please contact Troy R. King of my staff.
Sincerely,
BILL PRYOR
Attorney General
By: CAROL JEAN SMITH
Chief, Opinions Division
BP/CJS/TRK
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