Alabama Attorney General Opinion 1979-0050

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 CHARLES A. GRADDICK ATTORNEY GENERAL February 1, 1979 79-00050 File #43 Mr. Grady Perry, Chairman Walker County Commission P. O. Box 1447 Jasper, Alabama 35501 Walker County - Telephone service for volunteer Deputy Sheriff not authorized Dear Mr. Perry: Your letter of request for opinion, dated August 11, 1978, relating to authority of the county commission to furnish telephone service for a reserve deputy sheriff, has been received. This office, in an opinion to Mr. James Record, Madison County, dated December 1, 1975, copy of which is enclosed for your convenience and guidance, concluded that such an arrangement would do violence to Title 12, Section 12, Code of Alabama 1940 (Recompiled 1958) as amended; now Code of Alabama 1975, §11-3-11. This opinion dealt with a sheriff and a telephone in his house. It is not indicated in your request, but if the telephone is to be placed in a public office used for the public purposes of assisting in law enforcement, then under such circumstances Mr. Grady Perry Chairman, Walker County Commission February 1, 1979 Page Two it would be authorized. Code of Alabama 1975, §36-22-18 has been construed by this office to apply to such situations where it is deemed to be a reasonable requirement for the conduct of the affairs of the Sheriff's office. It is hoped that the above response to your request will be helpful to your County Commission. Yours very truly, CHARLES A. GRADDICK Attorney General by- [Signature] Randolph G. Lurie Assistant Attorney General RGL:cd enc. # THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 WILLIAM J. BAXLEY ATTORNEY GENERAL December 1, 1975 GEORGE L. BECK DEPUTY ATTORNEY GENERAL E. RAY ACTON EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL LUCY M. RICHARDS CONFIDENTIAL ASSISTANT JACK D. SHOWS CHIEF INVESTIGATOR Mr. James Record, Chairman Madison County Commission Madison County Courthouse Huntsville, Alabama 35801 Sheriff - Not entitled to residence telephone at county expense Dear Sir: Your request of November 20, 1975 is stated as follows: "Our Sheriff has requested that we put a telephone, at County expense, in his home, with the telephone to be unlisted. "As can well be imagined, the Sheriff is subject to receiving all sorts of telephone calls relating to law enforcement at home. "We are quite willing to do this, provided it is legal. "In fact, we would be willing to do a similar type thing for other elected officials if you were to rule that it would be legal for us to do so. "Prior to authorizing any such expenditure at the taxpayers, however, we will await your ruling. We hope it will be favorable." The Attorney General's Office on several occasions has had this question submitted and it has consistently been ruled that the county may not pay for a telephone installed in the home of a county officer. Mr. James Record December 1, 1975 Page Two The provision for telephone service for county officers is found in Section 12, Title 12, Code of Alabama 1940 Recompiled 1958, as amended, and Section 13 of said Title 12. There has been no change in the statutes with reference to telephones. (The Actsof the Legislature for the 1975 sessions have not been received by this Department in printed form) For your information and guidance enclosed herewith is a copy of opinion to Honorable Ed Miller, Sheriff, Blounty County, under date August 17, 1942. It is hoped that the above ruling will be of some assistance to you in settling the matter at hand. Yours very truly, WILLIAM J. BAXLEY Attorney General by- Randolph G. Lurie Randolph G. Lurie Assistant Attorney General RGL:cd enc.