Alabama Attorney General Opinion 1979-0160

manatentarrive OVISSMINI . Of Nonni UNION STOGST maerrematorr. mama* inn AMA OM sanntit OFFICE 'OF THE ATTORNEY GENERAL r19- DOR00 Let L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SEKURS. JR. EXECUTIVE ASSISTANT W S. Tunrsen CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMIN. IVt ASSISTANT Honorable Robert Gulledge State Senator P. O. Box 429 Robertsdale, Alabama 36567 Board of Equalization-Water Improvement Commission-Offices of Profit One cannot serve on Water Im- provement Commission and a county Board of Equalization. Dear Senator Gulledge: Reference is made to your request for an opinion from the Attorney General as to whether an individual might serve on both a county board of equalization and the Alabama Water Improvement Commission. Your question is to be answered in the negative. Section 280 of the Constitution of Alabama 1901 prohibits an individual from holding more than one office of profit in this State. It was concluded in an opinion of the Attorney General found at Quarterly Report of the Attorney General, Vol. 82, p. 20, that a member of a county board of equalization holds an office of profit. In determining whether one holds an "office of profit" the courts have considered the following factors: (1) whether the individual exercises some part of the sovereign power of the State; (2) whether the individual holds office for an identified period of time; and (3) whether the in- dividual receives compensation for the performance of his CHARLES A. (MAC/DICK ATTORNEY GENERAL STATE OF ALABAMA APR 26 1979 - Honorable Robert Gulledge Page Two duties. Alexander v. State ex rel Carver, 274 Ala. 441, 150 So. 2d 804 (1963); Opinion of the Justices, 244 Ala. 386, 13 So. 2d 674. Members of the Alabama Water Improve- ment Commission serve for a fixed term and receive compensation for their duties. The Commission exercises a degree of sovereign power in that they may require certain individuals to perform certain duties and they have supervision over the enforcement and administration of all laws relating to the pollution of the waters of this State. Therefore, a member of the Water Improvement Commission holds an office of profit an4 a person cannot serve on a county board of equalization and on the Commission. Furthermore, it has been held that when a person enters upon the duties of a second office of profit this operates to vacate the first office.of profit. Smith v. State ex rel Mayor and Town Council of Citronelle, 276 Ala. 378, 162 So. 2d 473. If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General By- LINDA F. KNIGHT Assistant Attorney General LFK/sb