Alabama Attorney General Opinion 1979-0107

FFICE OF THE ATTORNEY GENERAL LEE L. HALE DEPUTY ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA '1 - 0 0 I o'7 WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT ADMINI IVE BUILDING S• NORTH UNION STREET MONTGOMERY 3030 AREA 1205).134-5110 we 27 in Honorable Boyd Whigham Attorney Town of Clio 104 Court Square Clayton, Alabama 36016 Municipalities - Clio- Conflicts of Interest Town may not purchase land from Mayor. Dear Mr. Whigham: This office has received the opinion request of February 7, 1979. You ask if the Town of Clio may purchase one-half acre of land from the Mayor of Clio at a fair and reasonable price of $3,000.00. Your opinion request states very clearly that the mayor was not present at the council meeting where the pur- chase of .the land was discussed. You also note that this land is to be used as the site for a water storage tank and that "the site for the tank was determined by David Hicks, Hicks and Associates, Abbeville, Alabama, and that said site was determined solely on the elevation and other technical aspects of the Water System." Code of Alabama 1975, §11-43-12, in pertinent part, states: No alderman or officer or employee of the municipality shall be directly or indirectly interested in any work, business or contract, the expense, price or consideration of which is paid from the treasury. . . While this office is cognizant of the possible difficulties which may arise under the particular facts presented in your request, the prohibition found in Section 11-43-12, supra, is absolute and prevents the mayor from contracting with the town for the sale of land owned by him. It is, therefore, the opinion of this office • Hon. Boyd .Whigham Page Two MAR 27 I979 that the Town of Clio may not purchase the one-half acre site from the Mayor. I do hope that this response fully answers your questions. If, however, we may be of further assistance, please do not hesi- tate to call on us. Very truly yours, CHARLES A. GRADDICK Attorney General By- CAROL JEAN' SMITH Assistant Attorney General CJS/dwm