Alabama Advisory Opinions September 22, 2003: AGO 2003-247 (September 22, 2003)

AGO 2003-247.

Dear Ms. Roan:

This opinion of the Attorney General is issued in response to your request.

Assuming that I complete at least 10 years of service as License Commissioner for Morgan County, can I include my service as an elected member of the Morgan County School Board toward qualification for appointment as Supernumerary License Commissioner for Morgan County?

FACTS AND ANALYSIS

In your request you state that you were appointed License Commissioner for Morgan County effective September 1, 1994, and have continuously served in that office since that time. Prior to that appointment you served as an elected member of the Morgan County School Board from November 1, 1982, until August 31, 1994. Your initial election and subsequent re-elections to the school board were in county wide elections.

Section 40-6-1 of the Code of Alabama, establishes the general terms of qualification for appointment as a supernumerary ad valorem tax official. In pertinent part that section provides:

(a)(2) who has served for twelve years as a county official for any county of Alabama, at least ten years or more continuously as . License Commissioner, . and who is not less than age 60; . in computing length of service, the time served as any other county-wide elected official or the time served as chief clerk of the tax accessor, tax collector, license commissioner of any county, shall be counted.

Both your service as an elected member of the county school board and as license commissioner qualify as county official time. You, therefore, have clearly served the required twelve years as a county official pursuant to the above quoted portion of section 40-6-1(a)(2). Because your service on the school board resulted from county-wide elections to a county office, it is also clear that you are entitled to credit for that time served toward your qualification for appointment as supernumerary license commissioner. Assuming that you continue serving as License Commissioner through August 31, 2004, when you will complete ten years of continuous service in that office, you will then become eligible for appointment as Supernumerary License Commissioner for Morgan County if you are then age 60 or older, or when you become age 60.

Assuming you complete ten years continuous service as Licensee Commissioner for Morgan County, you will be eligible for a supernumerary license commissioner if you are then age sixty or upon attaining age sixty. Further, your twelve years service as an elected member of the Morgan County School Board should be counted toward your eligibility for appointment as a supernumerary license commissioner.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Walter S. Turner of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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