Alabama Attorney General Opinion 1979-0132

THE ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY. ALABAMA 36 \ It k.t 10013 o\ S c -WR 27 MS CHARLES A. GRADDICK ATTORNEY GENERAL Senator Donald G. Holmes State Senator 20th District 1915 Robin Hood Drive Oxford, Alabama 36203 Municipalities - Oxford Civil Service Boards - Public Officers Member already serving on city Planning Board cannot also serve on Civil Service Board. Dear Senator Holmes: Reference is made to your request for an opinion from this office as to whether a member of the Planning Board of the City of Oxford may also be appointed to the Oxford Civil Service Board considering Section 5 of the Oxford Civil Service Act found at Act No. 963, Acts of Alabama 1975, p. 1997. Section 5 provides: Any member of the board who becomes a candidate for, or is elected or appoint- ed to another public office vacates his office as a member of the board. This section prohibits a member of the Civil Service Board from accepting or being a candidate for another public office. Although it does not expressly prohibit one who is already serving in another public office from being appointed to the civil service board, it is the opinion of this office that it was the intent of the Legislature to prohibit any one who is on the Board from serving in another public office at the same time. Thus, it must be determined if a member of a municipal planning board is a public officer within the Act. In an opinion of the Attorney General to the Honorable R. D. Dickson, dated February 5, 1957, it was stated that a member of a municipal planning commission is a "municipal official". This CHARLES A. GRADDICK Attorney General By- LYN A F. KNIGHT Assistant Attorney General Senator Donald G. Holmes Page Two MAR 27 1979 conclusion was reached by the fact that a "municipal official" is one who holds a municipal position of trust and responsibility with definite municipal powers, duties and privileges. This is basically the same definition on a municipal level as the definition given of a "public officer" in State v. Baumhauer, 244 Ala. 1, 12 So. 2d 326, which said that "public officer usually means a person who by lawful authority has been invested with a part of the sovereign function of government and sometimes the person so invested has become an officer of a board or institution..." Using the above definitions, it is the opinion of this office that a member of the city Planning Board is a public officer within the meaning of Section 5 of the City of Oxford Civil Service Act and is prohibited from serving on the Civil Service Board. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, LFK/sg