Alabama Advisory Opinions December 11, 2000: AGO 2001-048 (December 11, 2000)

AGO 2001-048.

Dear Senator Langford:

This opinion of the Attorney General is issued in response to your request.

Is it permissible, and does it violate state law or any Ethics Commission position, if a mayor or a city councilmember votes for himself or herself (at a council meeting) to be appointed to serve on a municipal gas board?

Section 11-43-45 of the Code of Alabama states:

All elections of officers shall be made viva voce, and a concurrence of a majority of the members to the council shall be required, and all members of the council may vote any provision of law to the contrary notwithstanding. On the vote resulting in an election or appointment, the name of each member and for whom he voted shall be recorded. (Code 1907 § 1192; Code 1923, § 1908; Code 1940, T. 37, § 429; Acts 1961, No. 666, p. 910, § 4; Acts 1984, No. 84-286, p. 497, § 2).

This statute permits all members of the council to vote for themselves whether the vote results in an election or appointment.

Only the State Ethics Commission can answer questions about the Ethics Law, and your question should be addressed directly to the Commission.

State law permits members of a municipal council to vote for themselves for elected offices or appointments.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Carol Jean Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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