Alabama Attorney General Opinion 1979-0131

OFFICE OF THE ATTORNEY GENERAL 00131 +01 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT ADMIN. PVC BUILDING NI NORTH UNION STREET MONTGOMERY. 34130 AREA soil. 1341110 MAR 27 1973 Mr. Donnie Thomas, Administrator Blount County Commission P.O. Box 668 Oneonta, Alabama 35121 District Attorneys - Assistants Blount County Blount County is to continue to provide expenses for assistant district attorney. Dear Mr. Thomas: Acknowledgement is made of your request for an opinion from this office concerning the expenses of the Assistant District Attorney of Blount County. You posed the following question: Upon the implementation of the Judicial Article, the 30th Judicial Circuit Dis- trict Attorney appointed the Blount County Solicitor as his Assistant Dis- trict Attorney. The Assistant District Attorney's term as County Solicitor ex- pired January 15, 1979. Blount County has been paying the following expenses: $400.00 per month salary, half of the Xerox copier rent, the total telephone bill, and various office supplies for the Assistant District Attorney's office, which is his private law office, My question, "Should the County Commission continue to provide these, or any, services for an Assistant District Attorney of the LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEISURS. JR. EXECUTIVE ASSISTANT Mr. Donnie Thomas, Administrator Blount County Commission Page Two 30th Judicial Circuit after his term as County Solicitor (before the Judicial Article) expired on January 15, 1979?" In accordance with Code of Alabama 1975, Section 12-12-9, Blount County was required to pay the above expenses to the assistant district attorney until he served out his term as county solicitor. I call your attention to Act No. 632, Acts of Alabama 1977, p. 940 which authorizes the district attorneys of this state to hire assistant district attorneys and other office employees and discusses the sources from which they are to be paid. Section 1 of the Act reads in part: The District Attorney of each Judicial Circuit is hereby authorized to employ in such a manner as he shall determine necessary assistant district attorneys, investigators, clerical, secretarial, and other personnel, who shall be paid from funds available for that purpose... counties are authorized to supplement state expenditures as they deem necessary and shall provide such other financial support As required by laws in effect on September 30, 1977. The above law mandates that- counties provide financial support to the Office of District Attorney in the county as required by laws in effect on September 30, 1977. Act No. 580, Acts of Alabama, 1961, p. 685 established the office of Blount County Solicitor. It provided him a salary of $200.00 per month, and an allowance of $200.00 per month for secretarial help and stated that the county governing body was to provide him with adequate office supplies. In an opinion to the Honorable Louis C. Rutland, Assistant District Attorney of Bullock County dated August 22, 1977, the Attorney General ruled that in accordance with Act No.632 supra that county should continue paying the assistant district attorney the salary provided for its deputy district attorney by Act No.1531, Acts of Alabama 1971, p. 2647. It is the opinion of the Attorney General that in the same manner Act No. 632 supra would require the Blount County Commission to continue the compensation and to furnish office supplies as provided by Act No. 580 of the 1971 Legislative Session. LY A F. KNIGHT Assistant Attorney General Mr. Donnie Thomas, Administrator Blount County Commission Page Three If our office can be of further assistance, please do not hesitate to contact us. Sincerely, CHARLES A. GRADDICK Attorney General LFK;sg