Alabama Attorney General Opinion 1979-0146

ADMINISTRATIVE EIGLOING 44 NORTH UNARM MONTGOMERY, ALA AMA 14130 AREA DEO. 434-0110 19_ oo Hato OFFICE • OF THE ATTORNEY GENERAL • t. LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. &KURE. IR EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable John W. Judge of Probate Dallas County Selma, AL 36701 CHARLESA.GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 31 1979 Jones, Jr. Probate Judge - License Inspector - Officers and Employees License Inspector may not be employed as a clerk in the Probate Judge s office. Dear Judge Jones: Your request for an opinion of this office under of April 30, 1979, is as follows: "As Judge of Probate of Dallas County, Alabama, I write to request your informal opinion giving me answer to the following question in view of the following facts: "FACTS "Ellis Morrow is an employee of my office, handling work in the license department-of the Probate date 1 Honorable John W. Jones, Jr. Judge of Probate Dallas County Page 2. Office of Dallas County, Alabama. He generally handles the UCC and land title record filings, although he is not my chief clerk, who works with Mr. Morrow. Ellis works a full work week attendant to his duties at my office. "QUESTION "Can Mr. Morrow, while continuing to hold his full time job at the Probate Office of Dallas County, Alabama, accept appointment and act as License Inspector for Dallas County, Alabama?" In answer to your question it is my opinion that the individual may not be employed as a clerk in your office if he accepts the appointment as license inspector. Section 36-10-8, Code of Alabama, 1975, provides in part as follows: "Any judge of probate, tax collector, tax assessor, sheriff, clerk of the circuit court, district attorney, county treasurer, member of the county commission or any other state or county officer who takes any contract for work or services of the county or is employed in any way under Honorable John W. Jones, Jr. Judge of Probate Dallas County Page 3. such contract or sells any goods or supplies to the county or is in anywise pecuniarily interested in any such contract or sale, as principal or agent, shall, on conviction, be fined not less than $50.00 nor more than $1,000.00, and may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months, This office has held that this Section prohibits a member of the Court of County Commissioners from being lawfully employed by the county as a machine operator. See Quarterly Report of Attorney General, Volume 53, page 64. It is my opinion that the provisions of this Section would prohibit the employment of the individual in your office after he was appointed county license inspector. Sincerely yours, CHARLES A. GRADDICK Attorney General By- JAMES R. SOLOMON, JR. Assistant Attorney General JRSjr:db