Alabama Advisory Opinions July 07, 2000: AGO 2000-189 (July 7, 2000)

Alabama Attorney General Opinions

2000.

AGO 2000-189.

Dear Mr. Sweeney:

This opinion of the Attorney General is issued in response to your request on behalf of the Attalla City Board of Education.

QUESTION

May a teacher employed by the Attalla City Board of Education run for and, if elected, serve on the Attalla City Board of Education?

FACTS AND ANALYSIS

The qualifications of the members of a city board of education are set forth in section 16-11-2 of the Code of Alabama. Section 16-11-2(b) provides:

(b) The members of the city board of education, who shall, except as hereinafter provided, serve without compensation, shall be chosen solely because of their character and fitness, but no person shall be appointed or elected to this board pursuant to this section who is subject to the authority of the board. In cities having populations of not less than 50,000 nor more than 60,000 according to the most recent federal decennial census, and the City of Attalla, not more than one classroom teacher employed by the board may serve as a board member and also as a classroom teacher.

ALA. CODE § 16-11-2 (Supp. 1999). The first sentence of this subsection provides that no person who is subject to the authority of the city board may be appointed or elected to that board. The second sentence of this subsection created an exception, for cities of a certain population and the City of Attalla, which allowed not more than one classroom teacher employed by the board to serve as a board member. The Alabama Supreme Court held the second sentence of subsection (b) of section 16-11-2 unconstitutional. State of Alabama v. Martin , 735 So. 2d 1156, 1158 (Ala. 1999). The Court held, however, that the first sentence of subsection (b) was valid and severable from the invalid portion of the statute. Id . at 1159-60.

Accordingly, a teacher employed by the Attalla City Board of Education is subject to the authority of the Board and may not, while subject to the authority of the Board, serve as a member of the Attalla City Board of Education.

CONCLUSION

A teacher employed by the Attalla City Board of Education may not, while subject to the authority of the Board, serve as a member of the Attalla City Board of Education.

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

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