Alabama Attorney General Opinion 1979-0161

LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEXURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 26 1919 OFFICE OF THE ATTORNEY GENERA i19- cola/ k's ADMINISTRATIVE 444111.11140011 04 NORTH UNION STREET MONTGOMERY, .01.4104/44 14110 AREA MGM. 424-4104 Representative John M. McMillan, Jr. House of Representatives P. O. Box 253 Stockton, Alabama 36579 Board of Equalization - Water Improvement Commission Offices of Profit One cannot serve on Water Improvement Commission and a county Board of Equalization. Dear Representative McMillan: 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 Improve- ment 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. CHARLES A. GRADDICK Attorney General By Ctryi,16(4( LYNDA F. KNIGHT Assistant Attorney General Rep. John M. McMillan, Jr. Page 2 In determining whether one holds an "office of profit" the courts have considered the following factors: (I) 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 individual receives compen- sation for the performance of his 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 Improvement 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 and 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 Ma or and Town Council of Citronelle, 2/6 Ala. 378, 162 So. 2d 473. If our office can be of further assistance, please do not hesitate to call on us. Sincerely, LFK/sb