1979-0080
Alabama Attorney General Opinion 1979-0080
Cite as Ala. A.G. Opinion No. 1979-0080
a-0 •
OFFICE OF THE ATTORNEY GENERAL
61 0 0 0 80
6 6
CHARLES A. GRADDICK
ATTORNEY GENERAL
STATE OF ALABAMA
LEE L. HALE
DEPUTY ATTORNEY GENERAL
WILLIAM M. SEKURS, JR.
EXECUTIVE ASSISTANT
ADMINISTRATIVE BUILDING
64 NORTH UNION STREET
MONTGOMERY
ss 0
AREA 16051.•6 4-stso
WALTER S. TURNER
CHIEF ASSISTANT ATTORNEY GENERAL
JANIE NOBLES
ADMINISTRATIVE ASSISTANT
Marion County Commission
Mr. Brady Baccus, Chairman
Hamilton, Alabama 35570
Marion County - Employees -
Annual leave
Dear Mr. Baccus:
Your request of February 8, 1979 pertaining to annual leave
(vacation pay) for employees has been received.
It is never a pleasant duty to render an opinion which de-
prives a public employee or official of what appears to be
a moral entitlement. However, we are limited in our con-
siderations to the statutes involved. It would be much
more gratifying to be able to recognize the'long and faithful
service of a public servant by ruling that such benefits as
you describe should have a legal basis. However, the Attor-
ney General is authorized only to consider the laws as they
are established and unless there is a civil service system in
effect in Marion County which provides for such accumulated
annual leave or unless the Marion County Commission includes
such provision in the employment agreements with the personnel,
then there is no authority for such payments:
It is suggested that your matter be presented to the County
Commission there in Marion County with the idea of having them
Sincerely,
CHARLES A. GRADDICK
Attorne General
by-
Rando h G. Lurie
Assistant Attorney General
Marion CoUnty Commission
Page Two
adopt such rules and regulations as will recognize faithful
service such as here considered by. granting pay for unused
annual leave and sick leave upon retirement.
If this office can be of any service to you in any way to
assist you in this matter, we shall be happy to do so.