Alabama Advisory Opinions September 18, 2014: AGO 2014-095 (September 18, 2014)

Advisory Opinion Text

Honorable Charles F. Gruber

Chairman

Baldwin County Commission

312 Courthouse Square, Suite 12

Bay Minette, Alabama 36507

County Commissions - Compensation -Term of Office

Act 2014-451 prohibits any increase or decrease in compensation of the members of the Baldwin County Commission from exceeding five percent of the compensation paid during the previous four-year term.

Act 2014-451 is effective with the next term of office beginning on November 12, 2014.

Dear Mr. Gruber:

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

QUESTIONS

(1) Is the initial change in compensation for the members of the Baldwin County Commission provided for in Act 2014-451 limited to five percent of the compensation paid during the previous four-year term?

(2) When is the change in compensation for members of the Baldwin County Commission effective?

(3) Which years should be included for purposes of calculating the average of the median annual household income for the previous four years if data for 2013 is unavailable?

FACTS AND ANALYSIS

According to your request, earlier this year the Legislature enacted Act 2014-451 ("Act"), which modified the basic compensation of members of the Baldwin County Commission ("Commission"). In preparation for implementation of the new compensation plan, several questions have arisen prompting your inquiry to this Office.

You first question whether the change in compensation provided for in section (a) of the Act is capped by the five percent limitation appearing in section (e) of the Act. The Act is now codified at section 45-2-70.01 of the Code of Alabama and states, in its entirety, as follows:

(a) In Baldwin County, effective beginning the next term of office, the annual basic compensation of each member of the county commission, subject to subsection (e), shall be an average of the median annual household income in the State of Alabama for the previous four years as ascertained and adjusted each four-year term by the State Department of Labor to take effect on the first day of November the first year of each four-year term and to be payable in equal monthly installments from the general fund of the county.

(b) Effective beginning the next term of office, the member serving as chair of the commission shall receive additional compensation in the amount of five thousand dollars ($5, 000) per annum for service as chair, payable from the general fund of the county in equal monthly installments.

(c) In the event the number of county commissioners in Baldwin County is increased for any reason or if the county commissioners are no longer elected at-large in countywide elections, the salary of each county commissioner, including the chair as provided in subsections (a) and (b), shall revert back to the amount of compensation received on November 1, 2004.

(d) Notwithstanding the other provisions of this section, in order to be eligible to receive any compensation or expense allowance increase provided pursuant to this section, a county commissioner shall waive in writing any compensation increase otherwise provided pursuant to Section 11-2A-4.

(e) No increase or decrease in compensation as determined pursuant to subsection (a) may exceed five percent of the compensation for the previous four-year term.

Ala. Code § 45-2-70.01 (Westlaw 2014) (emphasis added).

Under the established rules of statutory construction, words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used, a court is bound to interpret that language to mean exactly what it says. Ex parte Cove Properties, Inc., 796 So.2d 331, 333-34 (Ala. 2000). Where a statutory pronouncement is distinct and unequivocal, there remains no room for judicial construction, and the clearly expressed intent of the Legislature must be given effect. Ex parte Holladay, 466 So.2d 956, 960 (Ala. 1985). Only if there is no rational way to interpret the words as stated in a statute will a court look beyond those words to determine legislative intent. DeKalb County LP Gas Co., Inc. v. Suburban Gas Co., Inc., 729 So.2d 270, 276 (Ala. 1998).

The plain language of the statute clearly contemplates a change in the compensation of the members of the Commission. That change, whether an increase or a decrease, is limited "subject to subsection (e)." Ala. Code § 45-2-70.01 (Westlaw 2014). Accordingly, the initial adjustment to the compensation of the members of the Commission may not exceed five percent of the compensation for the previous four-year term.

With respect to your second question, section (a) of the Act provides that the Act is "effective beginning the next term of office." Section (a), however, also states that adjustments to compensation will take effect "on the first day of November." You have advised this Office that the next term of office will begin on November 12, 2014.

The Alabama Constitution prohibits the Legislature from increasing the compensation of elected officials during their term of office. Ala. Const, art. IV, § 68; opinion to Honorable Albert L. Shumaker, Attorney, City of Centre, dated January 8, 2008, A.G. No. 2008-040. When possible, courts must adopt a construction of a statute that brings it into harmony with the Alabama Constitution. House v. Cullman Cnty., 593 So.2d 69, 72 (Ala. 1992). Thus, it is the opinion of this Office that the initial adjustment to compensation provided for in the Act is effective on November 12, 2014.

With respect to your third question, the Alabama Department of Labor has advised this Office that data relating to the 2013 Alabama median annual household income was available on September 15, 2014. Accordingly, your third question is moot.

CONCLUSION

Act 2014-451 prohibits any increase or decrease in compensation of the members of the Baldwin County Commission from exceeding five percent of the compensation paid during the previous four-year term.

Act 2014-451 is effective with the next term of office beginning on November 12, 2014.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Ben Baxley of my staff.

Sincerely,

LUTHER STRANGE, Attorney General.

BRENDA F. SMITH Chief, Opinions Division.