Alabama Attorney General Opinion 1979-0165

OFF CE OF THE ATTORNEY GENERAL -seatte 19- co f to 5 4P4'42` CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. MALE 111110ETNAT AVPLARNO DEPUTY ATTORNEY GENERAL 4-4. MORtM WORN {TRW IREHETROMER V. Al..ASAMIA WILLIAM M. BENURS. JR. AREA lien. 1114-61 14 EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JAN IC NOBLES ADMINISTRATIVE ASSISTANT April 26, 1979 Sheriff Beasor B. Walker Tuscaloosa County Courthouse .Tuscaloosa, Alabama 35401 Sheriffs-Tuscaloosa Comity Civil Service employees subject to Civil Service regulations for employment and diedharge. Dear Sheriff Walker: Your request dated February 19, 1979, pertaining to the authority of a sheriff to dismiss his deputies, has been re- ceived and considered. Your letter presented the following question: "It is my understanding that under Section 15-6-1, Code of Alabama 1975 and the cases of U.S. v. Clark, 249 F. Supp. 720 and Perkins v. Reed, 14 Ala. 536, I, by virtue of my office, am vested with sole authority to commission individuals to engage in law enforcement as deputies. This certification would appear to be separate from and in- dependent of Civil Service classifications. If this is true, is it also within the powers of my office to rescind certifica- tion of an individual as being fit for law enforcement without going through the Civil Service hearing procedures? "Also, if rescinding is permissible, what effects will this have on the individual? Sheriff Beasor B. Walker Page Two It is my understanding such person would have to turn in all department equipment, including badges, uniforms, firearms and vehicles, but wouldlaqttforego toupee tion or other beidEltedircontineed et - ployment, unless the Service Board pursued the matter further," In response to your inquiry, Tuscaloosa County has adopted a Civil Service System (Act #35(, Acts of Alabama 1949, page 524) which applies to, among others, "all elected officials and their employees." The term "employee" is de- fined as "any person regularly employed.by Tuscaloosa County, Alabama, in a regular 'job' or 'position.'" The Act states that it does not apply to persons temporarily employed by the county for special purposes. The Clark case which you cite in your letter pertains to posses rattierthan deputies. A amber of a posse is a temporary employee summoned in times of emergency. He does not hold a regular job or position within 'the leaning of the Civil Service Act and is therefore not i merit system employee. Contrastingly, a deputy sheriff is a full-time employee who holds a "regular job or position" and is covered by civil service regulations. Therefore, it is my opinion that a deputy sheriff of Tuscaloosa County cannot be dismissed without going through Civil Service hearing procedures if he desires a hearing. Sincerely, CHARLES A. GRADDICK Attorney General By- e LFee-eli LINDA C. BRELAND Assistant Attorney General LCB:bb