Alabama Attorney General Opinion 1979-0164

ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY, ALABAMA 361. ooito4 CHARLESA.GRAOOMK ATTORNEY GENERAL April: 26, 1979 Sheriff Beasor B. Walker Tuscaloosa County Tuscaloosa, Alabama 35401 SHERIFFS - ELECTIONS - MERIT SYSTEMS Deputy Sheriff under civil service system is not required to resign position to run for public office, but may take a leave of absence. Dear Sheriff Walker: Reference is made to your request for an opinion fran the Attorney General on the following matter: "If a Deputy Sheriff, of Tuscaloosa County, covered under provisions of our Civil Service Act 357, approved August 9, 1949, seeks elective office as Sheriff, must he resign fran the Sheriff's Department, or is it sufficient that he take a leave of absence - with the intention of resuming his position or resigning the same, dependent upon the outcome of the election." Section 17 of Act No. 357, Acts of Alabama 1949, p. 524 states: "No employee shall be a member of any national, state, or local ccuutittcc of a political party, or an official of a partisan political clUb, or a candidate for nomina- tion or election to any public office, nor shall he take any part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote." A Ormiisicn nearly identical to the one above is found at Code of Alabama 1975, Section 144;-26-38 among the laws governing state. Merit system employees.. In a font opinion of the Attorney General found at Quarterly Report of the Attorney General, Vol. 152, O. 19, it was Concluded that under Section 36...2638, supra, a person in the classified service of the state or e*dy with similar laws.may be granted a leave of absence for the4Urpose of seeking election to a public office and he is not required to resign from his classified service position. The opinion said that the requirement that he resign from his position under the merit system was unsound and contrary to the tights guaranteed by the state and federal constitutions. Therefore, a-deputy sheriff covered by the civil service system of Ttiscaoosa County may take a leave of absevel to be a candidate for the office of sheriff subject to whatever approval is required by rules and regulations which the Civil Service Hoard of Tuscaloosa County has established pursuant to Section 6 of Act No. 357 governing leaves of absence. If cur office can be of further assistance to you, do not hesitate to call on us. Yours truly, CHARLES A. GRADDICK Attorney General EV- =OM F. KNIGHT Assistant Attorney General IFK:mj