Alabama Advisory Opinions June 26, 1990: AGO 90-00313 (June 26, 1990)

Advisory Opinion Text

Honorable J. F. (Buddy) Glasgow

Sheriff

P. O. Box 1095

Columbiana, AL 35051

Sheriffs - Political Activities - County Employees - Elections

Under provisions of Act 79-524, 1979 Regular Session, employees of- Shelby County Sheriff's Office nay not make or solicit donations or contributions to candidates running for county office, nor may such employees make public statement in support of candidate for county office. Rather, under the language of the Act, such employees are limited to exercising their right as a citizen to express their opinion and cast their votes.

Under Code of Alabama 1975, § 17-1-7(a)(2), such county employees may participate in city and state political activities to same extent as any other citizen of State, including endorsing candidates and contributing to campaigns of their choosing.

Dear Sheriff Glasgow:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTIONS

Please examine Act 79-524, 1979 Regular Session, and answer the following:

1. What may employees in the classified service of the Sheriff's Department do as campaign workers in campaigns for people running for county office?

2. As private citizens, may such employees in the classified service endorse candidates, contribute to campaigns or solicit donations?

FACTS AND ANALYSIS

At the outset we note that employees in the classified service of the Sheriff's Department are county employees.

Section 20 of Act 79-524 provides as follows:

"No employee shall make, solicit or receive any assessment, donation, subscription or contribution for any political purpose whatsoever, or be a member of a committee or an officer of a political party, or take any part in its management or affairs except to exercise his right as a citizen to express his opinion and cast his vote; no employee shall assist any candidate for nomination or election to public office; or make any public statement in support of or against any such candidate, or participate in any manner whatever in the campaign of any candidate in any general or primary election; and no employee shall receive any appointment or advancement as a reward for his support of a candidate for office or a political party; nor shall he be dismissed, suspended or reduced in rank or pay as punishment for his failure to support any candidate for political office."

Section 2 of the Act defines the term "employee" as "any person . . . who is employed in the service of any city or county in Shelby County within the various law enforcement authorities."

Additionally, Code of Alabama 1975, § 17-1-7(a)(2) states:

"No person in the employment of any county, whether classified or unclassified, shall be denied the right to participate in city and 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 choosing." (Emphasis added.)

We further note that under § 17-1-7(a)(4), county employees "have the right to join local political clubs and organizations and state or national political parties," while § 17-1-7(a)(5) establishes the right of county employees to "publicly support issues of public welfare, circulate petitions calling for or in support of referendums, and contribute freely to those of his choosing."

In the opinion to Honorable James M. Campbell, State Representative, under date of June 4, 1982, this office had occasion to examine the Anniston Civil Service Act, which contains a clause identical to Section 20 of Act 79-524. In said opinion it was held that in light of the rights bestowed under § 17-1-7(a)(1), which became law after the passage of the Anniston Act, city employees could be prohibited from participating in city political activities, but could not be prohibited from participating in such activities at the state and county level.

it is the opinion of this office that under the provisions of Act 79-524, employees of the Shelby County Sheriff's Office, as that term is defined under Section 2 of the Act, may not make or solicit donations or contributions to candidates running for county office, nor may such employees make a public statement in support of a candidate for county office. Rather, under the language of the Act, such employees are limited to "exercis[ing their] right as a citizen to express [their] opinion and cast [their] vote[s]."

Under § 17-1-7(a)(2), however, county employees may participate in city and state political activities to the same extent as any other citizen of the state, including endorsing candidates and contributing to the campaigns of their choosing.

CONCLUSION

Under the provisions of Act 79-524, 1979 Regular session, employees of the Shelby County Sheriff's Office may not make or solicit donations or contributions to candidates running for county office, nor may such employees make a public statement in support of a candidate for county office. Rather, under the language of the Act, such employees are limited to exercising their right as a citizen to express their opinion and cast their votes.

Under Code of Alabama 1975, § 17-1-7(a)(2), such county employees may participate in city and state political activities to same extent as any other citizen of the State, including endorsing candidates and contributing to the campaigns of their choosing.

I hope this sufficiently answers your questions. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

DON SIEGELMAN Attorney General

JEAN WILLIAMS BROWN, Assistant Attorney General