Alabama Attorney General Opinion 1979-0001

/i~EATTORNEY GENERAL STAtE OF ALABAMA. MONtGOMERY. ALABAMA 361J( CHARL.ES A. GRAODICK ATTORNEY GENERAL January 22, 1979 . ~ \ jJV ~&,19 I"tr . Honorable L. E. Gosa Attorney for the Lamar County Board of Education Young, Gosa &Brown, P. C. P. O. Box 648 Vernon, Alabama 35592 Dear Mr. Gosa: '7fI- DOOD I Schools - County Board of Education - Salary of County Superintendent of Education, increase during term discussed. We have your letter of July 14, 1978 in which, on behalf of the Lamar County Board of Education, you request an opinion of this office regarding whether, under the following facts, the Lamar County Board of Education may fix the salary of a superintendent appointed to fill an unexpired term at an amount higher than that actually set at the beginning of the term. You state the following facts to have occurred. The cur- rent term of the county superintendent of education began July 1, 1977 and will end June 30, 1981. On June 30, 1977, prior to the beginning of the present term, the county board of education passed a resolution as follows: "SALARY INCREASE FOR SUPERINTENDENT APPROVED Charles L. Cook recommended that the Superin- tendent of Education Mr. Ed Allen's salary be increased to $21,000.00. The Board plans to increase Mr. Allen's salary within 1 to 2 years to $22,500.00. Mr. J. C. McAdams seconded the motion and Chairman Dennis Knight asked for a vote on the motion. The motion carried unanimously." Honorable L. E. Gosa Page Two January 22, 1979 The elected superintendent who began serving the present term on July I, 1977 resigned his office, effective July I, 1978. Based on the foregoing facts it is the opinion of this office that the new superintendent's salary must be set at $21,000.00. While the quoted resolution of the Lamar County Board of Education appears to attempt to set a graduated salary scale for the county superintendent of education prior to the beginning of the original term, it is the opinion of this office that the resolution falls short of this purpose. In order to set a graduated salary scale for a county superintendent of Education, the board of education must Set the salary schedule in definite, affirmative terms. The June 30, 1977 resolution does not conform to this necessary standard. Sincerely, CHARLES A. GRADDICK Attorney General By-~4~ ROSA G. HAMLETT Assistant Attorney General RGH/ca