Alabama Advisory Opinions October 15, 2001: AGO 2002-019 (October 15, 2001)

AGO 2002-019.

Dear Representative Ford:

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

Is section 17 of the City of Gadsden Civil Service Rules in conflict with section 17-1-7(a)(1) of the Code of Alabama?

FACTS AND ANALYSIS

The officers and employees of the police and fire departments of the City of Gadsden are subject to a civil service system established by a 1951 general bill of local application (GBLA). 1951 Ala. Acts No. 671, 1158. Section 17 of Act No. 671 states as follows:

No officer or employee of any police or fire department shall solicit orally, or by letter or otherwise, or receive, or be in any manner concerned in soliciting or receiving any assessment or subscription or contribution for any candidate, political party or political purpose whatsoever, provided however, that this section shall apply only to municipal elections.

Id. at 1163-64.

Section 17-1-7(a)(1) of the Code of Alabama states as follows:

No person in the employment of any city, 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, including endorsing candidates and contributing to campaigns of his or her choosing.

This Office has previously held that this Code section allows an employee of the city to participate in political activities at the city, county, and state level. Opinion to Honorable Jerry Bogle, Member, Personnel Board for the City of Scottsboro, dated June 8, 1998, A.G. No. 98-00159. Participation in political activities includes soliciting or receiving contributions on behalf of a candidate. Accordingly, section 17 of the Civil Service Act is in conflict with section 17-1-7(a)(1) of the Code of Alabama.

When two statutes on the same subject matter cannot be reconciled, the latest expression of the Legislature prevails. Baldwin County v. Jenkins , 494 So. 2d 584, 587 (Ala. 1986). The latest expression of the Legislature is section 17-1-7(a)(1) of the Code, which was amended in 1995. 1995 Ala. Acts No. 95-378, 772. Prior to the 1995 amendment, a city employee could participate in political activities with respect to county and state elections. The 1995 amended act added the language in this section that a city employee could participate in political activities involving city elections, in addition to county and state elections. Id . Accordingly, it is the opinion of this Office that section 17 of Act No. 671 (1951), creating the Gadsden Civil Service System, is in conflict with section 17-1-7(a)(1) of the Code of Alabama.

Section 17 of Act No. 671 (1951), creating the Gadsden Civil Service System, is in conflict with section 17-1-7(a)(1) of the Code of Alabama.

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

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

53019v1/31234