Alabama Advisory Opinions November 25, 2008: AGO 2009-17 (November 25, 2008)

AGO 2009-17.

Dear Mr. Calton:

This opinion of the Attorney General is issued in response to your request on behalf of the Barbour County Commission.

(1) Is Ms. Long prohibited by section 38-2-7 of the Code of Alabama from serving on the Barbour County Board of Human Resources by becoming a can-didate for election to the Baker Hill City Council?

(2) Is she prohibited by section 38-2-7 from serv-ing on the Barbour County Board of Human Resources if elected?

(3) Is she prohibited by section 38-2-2 of the Code of Alabama from serving on the State Board of Human Resources by becoming a candidate or being elected?

Your request states that Catherine Long was appointed to the Barbour County Board of Human Resources. You further state that she subsequently was appointed to the State Board of Human Resources. She then offered herself as a candidate for election to the Baker Hill City Council.

Section 38-2-7 of the Code of Alabama provides as follows:

There is hereby created in each county a county board of human resources, which shall consist of seven members, not less than two of whom shall be women, selected by the county commission from the citizenship of the county on the basis of their recognized interest in the public welfare. . . . No person holding an elec-tive public office, no person who is a candidate for election to public office , no person who is an employee of the county department of human resources, and no person who is related by consanguinity or affinity within the fourth degree or nearer under the civil law to any such officer or employee shall be a member of such county board of human resources .

This Office has explained that, under this section, "no person who holds an elected public office shall be a member of the county board of human resources." Opinion to Honorable Louis C. Rutland, Bullock County Attorney, dated May 9, 2001, A.G. No. 2001-180 at 2. Therefore, the Rutland opinion concluded that members of the Bullock County Board of Human Resources, who have been elected to public office, are no longer qualified to serve on that board.

Section 38-2-7 additionally provides that no person who is a candidate for election to public office shall be a member of the county board of human resources. This Office recently construed similar language in the local act creating the Walker County Civil Service Board that "[a]ny member of the Board who becomes a candidate for . . . public office vacates his office as a member of the Board." Opinion to Honorable Charles R. Stephens, Attorney, Walker County Civil Service Board, dated June 4, 2008, A.G. No. 2008-086 at 2. The Stephens opinion determined that a member of that board vacates his or her position when he or she files qualifying papers for an elective office. Con-sistent with these opinions, a member of the Barbour County Board of Human Resources who files qualifying papers to run for city council or who is elected is no longer qualified to serve on that board.

Section 38-2-2 of the Code of Alabama creates the State Board of Human Resources. Ala. Code § 38-2-2 (1992). Unlike the statute creating county boards of human resources, section 38-2-2 contains no conflict-of-interest provisions. Accordingly, section 38-2-2 does not prohibit a member of the State Board of Human Resources from serving as a council member.

A member of the Barbour County Board of Human Resources who files qualifying papers to run for city council or who is elected is no longer qualified to serve on that board.

A member of the State Board of Human Resources may serve as a council member.

I hope this opinion answers your questions. If this Office can be of fur-ther assistance, please contact Ward Beeson of my staff.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/GWB

719793/127239