Alabama Attorney General Opinion 1979-0043

# OFFICE OF THE ATTORNEY GENERAL File #36 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 11 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (205), 834-8100 79-00043 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Representative Walter Owens Chairman, Ways and Means Committee House of Representatives State Capitol Montgomery, Alabama 36130 Live In A Landmark Council - Personnel Historical Commission can use funds appropriated to Live In A Landmark Council to hire director for Council. Dear Representative Owens: Acknowledgement is made of your request for an opinion as to whether employees hired by the Live In A Landmark Council can be paid from state appropriations to the Council. In a telephone conversation you stated that the Live In A Landmark Council wishes to employ a director and the question arose as to whether he could be paid from the state appropriations to the Council. Act No. 1233, Acts of Alabama 1973, p. 2079 creating the Live In A Landmark Council and subsequent acts amending this Act to enlarge the Council and to authorize it to distribute "Live In A Landmark" plaques and technical manuals and material contain no provision for the Council to hire a director or other employees. Thus, there is no authorization by law for the Council to hire these employees. Honorable Walter Owens Page 2 However, the 1978-79 state appropriations act, Act No. 597, Section 2, No. 46, Acts of Alabama, 1978, p. 776 provides $15,000 to the State Historical Commission for Live In A Landmark use. Thus, if the Historical Commission deems it necessary, it may employ a director or manager for the Live In A Landmark Council and pay him from the funds appropriated to the Commission for the Council. It should be noted that the hiring of the employee would come under the state merit system rules and regulations governing state employees. If our office can be of further assistance, please do not hesitate to contact us. Sincerely, CHARLES A. GRADDICK Attorney General LYNDA F. KNIGHT Assistant Attorney General LFK;mj