Alabama Advisory Opinions July 14, 2003: AGO 2003-188 (July 14, 2003)

AGO 2003-188.

Dear Mr. Boyd:

This opinion of the Attorney General is issued in response to your request on behalf of the City of Alabaster Civil Service Board.

Does the phrase "public office," as stated in Acts 93-493 and 96-504, apply to the position of police chief?

A former employee who achieved permanent status (over twenty years of service) and who retired January 2002 from the City of Alabaster has been nominated by a classified employee for a vacated position of Employee Representative on the Personnel Board. This retired employee was the Police Chief of the City of Alabaster before his retirement. The position of Police Chief is a classified position under the "City of Alabaster, Shelby County, Ala., Civil Service Act."

Acts 93-493 and 96-504 created the City of Alabaster Civil Service Act. It provides for the creation and administration of a comprehensive civil service merit employment system for the City of Alabaster. The act provides for the creation of an independent three-member board and a director of personnel to administer the civil service system.

Section 4 of the Civil Service act addresses the establishment of a Personnel Board for the City of Alabaster. Section 4 states, in pertinent part, as follows:

Only persons who are qualified resident electors of the city shall be selected to the board. No person shall be selected to the board who, at the time of appointment, or for three years prior to appointment, shall have held public office or political party office or have been a candidate to public office. No person shall be selected to the board who at the time of appointment is an employee of the city.

Your question is whether the City of Alabaster Police Chief, who retired in 2002, held a public office, therefore precluding him from being selected as a member of the personnel board. It is the opinion of this Office that a police chief is a public officer and holds an office of profit. See Alexander v. State ex rel. Carver , 274 Ala. 441, 444, 150 So. 2d 204, 207 (1963). We have stated on numerous occasions that a police chief does hold a public office. Opinion of the Attorney General to the Honorable Allen C. Jones, Attorney, Pike County Commission, dated July 28, 1999, A.G. No. 99-00260; Opinion of the Attorney General to the Honorable Jo Ann Harper, Coroner, Conecuh County, dated April 5, 2002, A.G. No. 2002-204; Opinion of the Attorney General to the Honorable Billy R. Young, Mayor, City of Hillsboro, dated January 3, 2002, A.G. No. 2002-109.

According to the facts, the City of Alabaster Police Chief retired in 2002. Section 4(b) of the Civil Service Code prohibits a person from serving on the personnel board if that person is currently holding public office or has held public office within three years before appointment. It is the opinion of this Office that the City of Alabaster Police Chief holds a public office. A police chief is a public officer and holds an office of profit. The retired police chief may not be selected to the personnel board because he has held a public office within the prior three years, which disqualifies him under the City of Alabaster Civil Service Act.

A police chief is a public officer and holds an office of profit. The retired police chief may not be selected to the personnel board because he has held a public office within the prior three years, which disqualifies him under the City of Alabaster Civil Service Act.

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

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/CJS/RGA

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