Alabama Attorney General Opinion 1979-0075

THE ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE ADMINISTRATIVE SUILDING 14 NORTH UNION STREET MONTGOMERY. OOOOO AREA 12051.M-5150 DEPUTY WILLIAM M. RERUNS. JR. EXECUTIVE ASSISTANT E. CHIEF ASSISTANT ATTORNEY JANIE NODDLES SWAIN! DIE ASST February 16, 1979 Honorable John L. Napier Revenue Commissioner Houston County County Courthouse Dothan, Alabama 36302 Houston County-Revenue Commis- sioner Revenue Commissioner's salary discussed. Dear Mr. Napier: We have received and considered your request, submitted by Mr. Richard H. Ramsey, concerning the salary to which you are entitled as the Revenue Commissioner of Houston County. Act No. 1205, Acts of Alabama 1969, page 2246 created the office of Revenue Commissioner of Houston County and pro- vided for a six-year term with the initial term beginning on September 30, 1973. Section 6 of that Act set an annual salary to be paid for the performance of the duties of the office of County Revenue Commissioner. As I understand the current situation you are now serving this initial term and receiving the salary provided by Act No. 1205. In the 1976 Regular Session the Alabama Legislature en- acted Act No. 547 which provided that the RevNnue Commissioner of Houston County shall receive an annual salary of $19,000. However, Amendment No. 92 to the Constitution of Alabama of Honorable John L. Napier February 16, 1979 Page Two 1901 prohibits a salary raise during the term of office of an incumbent official. Therefore, the increased salary provided by Act No. 547 cannot be legally effective until the beginning of the next tern, i.e., beginning on October 1, 1979. Sincerely, CHARLES A. GRADDICK Attorney General By- lattjc WILLIAM T. STEPHENS Assistant Attorney General WTS:bb cc: Richard H. Ramsey, III Houston County Attorney