Alabama Attorney General Opinion 1979-0039

OFFICE OF THE ATTORNEY GENERAL [LOGO] File #33 79-00039 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA AUG 10 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (205), 634-5150 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable Randall Shedd Chairman Cullman County Commission P. O. Box 698 Cullman, Alabama 35055 Counties-Solid Waste Disposal- Commission on Aging County may authorize free garbage pickup service for elderly resi- dents. Opinion by Assistant Attorney General Stephens Dear Mr. Shedd: I have received and considered the request which you submitted on behalf of the Cullman County Commission which states as follows: "We request an official opinion on the legality of the following question which has been presented to the County Commission. "The Cullman County Commission has operated a county-wide garbage pickup service since January 1, 1976. Resi- dential customers are charged a monthly service fee of $3.00. "The County Office for the Elderly funded by the Alabama Commission on Aging and the County Commission has asked the Commission to authorize free garbage service for the older citizens in the county. Honorable Randall Shedd Page Two "We request an opinion as to whether the County Commission may legally fur- nish garbage pickup service without charge to elderly residents of the County and continue to charge for service to other residential customers." It is my opinion that the county may provide free garbage pickup service to elderly residents. The county commission is authorized under Section 22-27-3, Code of Alabama 1975, to provide garbage pickup service for county residents and, Section 22-27-5, Code of Alabama 1975, provides that the county commission providing such service "may establish fees, charges and rates..." The language used in this statute indicates that the county commission has some discretion in establishing fees for the service it provides and the establishment of different fees for certain older citizens on fixed income or no income would not seem to me to be an abuse of that discretion. Our laws are replete with provisions which grant special treatment for the elderly citizens in our society who have paid their dues but who are now hit hardest by the inflation which has occurred and is occurring in our state and country. Sincerely, Charles A. Graddick CHARLES A. GRADDICK Attorney General