Alabama Advisory Opinions May 19, 2000: AGO 2000-153 (May 19, 2000)

AGO 2000-153.

Dear Mr. Adkison:

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

Does the Geneva County Personnel Act require a county employee who is seeking an elected office in another county or state to take a leave of absence from the day his candidacy is announced until the day he is no longer a candidate?

Employees of the Geneva County Commission are subject to the rules and regulations of the Geneva County Civil Service System established pursuant to a local Act. Act No. 85-587 provides, in pertinent part, as follows:

Section 21. POLITICAL ACTIVITIES PROHIBITED. No employee holding a position in the classified service shall be a candidate for nomination or election to any public office, shall take part in any political campaign in support of or opposition to the election of any candidate for a county elective office, except to exercise his right as a citizen privately, to express his opinion and to cast his vote, unless on authorized leave of absence for such purpose.

The general law of Alabama, as last amended, allows an employee of the county to participate in political activities at the city, county, and state levels to the same extent as any other citizen. ALA. CODE § 17-1-7(a) (1995). An exception to this general rule is found in section 17-1-7(d), which states an employee of the county commission who qualifies to seek political office as a member of the county commission that employs him must be on leave, either paid or unpaid, from the date the employee qualifies to run for that office until the date the election results are certified. ALA. CODE § 17-1-7(d) (1995). Section 17-1-7, in pertinent part, provides:

(a)(1) 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.

(2) No person in the employment of any county, 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.

(3) No person in the employment of the State of Alabama, 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. Notwithstanding the foregoing, any person within the classified service shall comply with Section 36-26-38.

(4) All persons in the employment of any city, county, or state shall have the right to join local political clubs and organizations, and state or national political parties.

(5) All persons in the employment of any city, county, or state shall have the right to publicly support issues of public welfare, circulate petitions calling for or in support of referendums, and contribute freely to those of his or her choosing.

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(c) No person in the employment of the State of Alabama, a county, or a city whether classified or unclassified, shall use any state, county, or city funds, property or time, for any political activities. Any person who is in the employment of the State of Alabama, a county, or a city shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays. It shall be unlawful for any officer or employee to solicit any type of political campaign contributions from other employees who work for the officer or employee in a subordinate capacity. It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Any person who violates this section shall be guilty of the crime of trading in public office and upon conviction thereof, shall be fined or sentenced, or both, as provided by Section 13A-10-63.

(d) Notwithstanding subsection (c), any employee of a county or a city, whether in the classified or unclassified service, who qualifies to seek a political office with the governmental entity with which he or she is employed, shall be required to take an unpaid leave of absence from his or her employment, or use accrued overtime leave, or use accrued vacation time with the county or city from the date he or she qualifies to run for office until the date on which the election results are certified or the employee is no longer a candidate or there are no other candidates on the ballot. For purposes of this subsection, the term "employing authority" means the county commission for county employees or the city council for city employees. Any employee who violates this subsection shall forfeit his or her employment position. In no event shall this subsection apply to elected officials.

A local law may not conflict with the provisions of a general law of the State. Crandall v. City of Birmingham , 442 So. 2d 77 (Ala. 1983). Section 17-1-7 is a general law that allows county employees employed by the county commission to seek any political office, except the office of county commission with which the employee is employed, without resigning or taking a leave of absence. To the extent that section 21 of Act No. 85-587 is in conflict with general state law, the regulations in section 21 are superceded by general state law. See Opinions of the Attorney General to Honorable Jerry Bogle, Member, Personnel Board for the City of Scottsboro, dated June 8, 1998, A. G. No. 98-00159; to Honorable George A. Monk, Attorney, City of Anniston, dated July 20, 1988, A. G. No. 88-00382; and to Honorable James M. Campbell, Member, House of Representatives, dated June 4, 1982, A. G. No. 82-00366.

Accordingly, pursuant to section 17-1-7 of the Code of Alabama, an employee of Geneva County who is seeking an elective office in another county or state is not required to take a leave of absence from his employment with Geneva County, but may not use any city, county, or state property, funds, or time for any political activities.

Section 21 of Act No. 85-587, which creates the Geneva County Civil Service System, is in conflict with section 17-1-7 of the Code of Alabama. Pursuant to section 17-1-7 of the Code of Alabama, an employee of Geneva County who is seeking an elective office in another county or state is not required to take a leave of absence from his employment with Geneva County, but may not use any city, county, or state property, funds, or time for any political activities.

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

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