Alabama Attorney General Opinion 1979-0079

R. ' OFFICE OF THE ATTORNEY GENERAL 5 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE ATTORNEY GENERAL AOMINI IVC BUILDING 54 NORTH UNION MONTG CCCCC ARCA (205).•14•11150 rici- 000'79 WILLIAM M. SCKURS.JR• ZECCUTIVe ASSISTANT s. CNIEY ASSI JANIE N ADMINISTRATIVE ASSISTANT Judge Frank J. Green, Chairman Blount County Commission P. 0. Box 668 Oneonta, Alabama 35121 Tax Collector - Nepotism - Counties - County Commission may employ relative of Tax Col- lector as clerical assistant in office of Tax Collector Dear Judge Green: Your letter of February 7, 1979 propounded the following question: "The Blount County Tax Collector will go from a fee basis to a salary on October 1, 1979. The Tax Collector's wife has worked in his office since October 1, 1961 (18 years). Our question is, 'Can the County Commission employ the Tax Collector's wife to continue as a clerical assistant October 1, 1979?'" It is the opinion of this office, pursuant to the facts presented in your inquiry, that the wife of the Tax Collector of Blount County may be employed by the County Commission as a clerical assistant in the Office of the Tax Collector. Judge Frank J. Green, Chairman Blount County Commission Page Two There are no constitutional nor statutory prohibitions against such employment. The clerical assistant is employed by the County Commission and is not an employee of the Tax Collector though working in his office. The Tax Collector has no control over the employment nor the salary and the question of nepotism does not enter the picture.' There does not appear to be any relationship, by blood or otherwise, between any member of the County Commission and the person employed in this instance. It is the further opinion of this office that the fact that the person here considered was employed since October 1, 1961 in the capacity as clerical assistant does in no way alter the conclusions as set out in this opinion. Sincerely CHARLES A. GRADDICK Attorne General by- Rando •h G. urie Assistant Attorney General RGL:cd )