Alabama Attorney General Opinion 1979-0035

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL 79-00035 February 1, 1979 File #31 Dr. Abe Hammons Superintendent Board of School Commissioners of Mobile County Box 1327 Mobile, Alabama 36601 Boards of Education - Mobile County Board of School Commissioners of Mobile County should be operating under banking pro- cedure adopted on October 27, 1976. Dear Doctor Hammons: We are in receipt of a request for an advisory opinion concerning the above-captioned matter. It is our understanding that your Board conducts its meetings in accordance with Roberts Rules of Order. Applying those rules to the facts presented, we are of the considered opinion that the banking procedure in effect for your Board is that adopted by it on October 27, 1976, calling for the rotation of prime depositories on a two-year basis. The result reached above is premised on two factual findings. First, on July 13, 1977, your Board voted to sus- pend all time lines under the banking procedure adopted on Dr. Abe Hammons Page Two February 1, 1979 October 27, 1976, until a study of the matter was completed by the Board's Finance Committee. Second, on August 10, 1977, consistent with a recommendation made by the Board's Finance Committee, a motion was defeated which called for the rotation of prime depositories on a four-year basis. The defeat of the aforementioned motion meant that the banking procedure adopted on October 27, 1976, remained in effect as the Board's policy on the matter. Of course this opinion is based on the assumption that the banking procedures in question are in compliance with the laws governing school funds and that no conflicts of interest exist. We hope that this opinion sufficiently answers your inquiry. If we can be of any further assistance to you, please let us know. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL By- Rosa G. Hamlett ROSA G. HAMLETT ASSISTANT ATTORNEY GENERAL RGH/dpr