Alabama Advisory Opinions May 09, 2001: AGO 2001-180 (May 9, 2001)

Alabama Attorney General Opinions

2001.

AGO 2001-180.

Dear Mr. Rutland:

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

QUESTION

May a member of the Bullock County Commission, who is an elected official, serve as a member of the Bullock County Board of Human Resources?

FACTS AND ANALYSIS

The statute creating county boards of human resources is found at section 38-2-7 of the Code of Alabama. The pertinent portion thereof 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 elective 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. . . .

ALA. CODE § 38-2-7 (1992) (emphasis added.) The above-cited provision clearly states that no person who holds an elected public office shall be a member of the county board of human resources.

Section 11-3-2 of the Code provides, in pertinent part, as follows:

(a) Subject to the restrictions of Section 280 of the Constitution of Alabama of 1901, and the laws of this state, one member of a county commission may be appointed to and may serve on public boards, commissions, and authorities within this state unless authorized by law . . . .

ALA. CODE § 11-3-2(a) (Supp. 2000) (emphasis added.) This subsection is a 1999 amendment. The language "unless authorized by law" may be read in its most reasonable contextual application as "unless prohibited by law." Further, the phrase "subject to the restrictions" of the Constitution and the laws of this state indicates that deference should be given to other specific applicable statutes, such as section 38-2-7 of the Code of Alabama. Specific statutes, such as section 38-2-7, override statutes of general application, as this section recognizes. Green v. Kentucky Higher Educ. Assistance Auth. , 98 F. Supp. 2d 1259 (S.D. Ala. 1999); Craig v. F.W. Woolworth Co. , 866 F. Supp. 1369, aff'd. 38 F. 3d 573 (N.D. Ala. 1993); Ex parte City of Irondale , 686 So. 2d 1127, 1129, reh'g. denied (Ala. 1996); Crawford v. Springle , 631 So. 2d 880, 882 (Ala. 1993) ("[w]here statutes in pari materia are general and specific, the more specific statute controls the more general statute"); Jackson v. Jackson , 709 So. 2d 46, 47 (Ala. Civ. App. 1997) (citing Ex parte Gauntt , 677 So. 2d 204 (Ala. 1996); Dollar v. City of Ashford , 677 So. 2d 769, 770, reh'g. denied , cert. denied (Ala. Civ. App. 1995). Therefore, the language "unless authorized by law" in section 11-3-2(a) refers one to section 38-2-7, which prohibits a person holding elected office from serving on the county board of human resources. CONCLUSION

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. While the official acts of such person as a board member are valid, the individual may be subject to all penalties imposed by law for usurping or unlawfully holding such office.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Sharon E. Ficquette, Legal Division, Department of Human Resources.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP:SEF

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