Alabama Attorney General Opinion 1979-0096

10 Rs OWICE OF THE ATTORNEY GENERAL 'U343 1 - DD0q1D LEE L. HALE DEPUTY ATTORNEY CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA 3-e-79 .ADMINISTRATIVE BUILDIRG 14 UNION STREET I M A 25130 ARCA 120SLI134-SIII0 S ATTORNEY GENERAL CHIEF AESI JANIS ADMINI YE ASST Ms. Judy Bolding City Clerk, Sardis City Post Office Box 541 Boaz, Alabama 35957 Municipalities - Employers and employees - Salaries. City Council may increase salary of City Clerk. WILLIAM M. SEKuRs. JR. EXECUTIVE ASSISTANT Dear Ms. Bolding: This office has received your opinion request asking if the City Council of Sardis City may increase your salary as City Clerk. Your question is answered in the affirmative. This office held in an Opinion to Honorable John R. Phillips, City Attorney of Oxford, under date of NoveMber 9, 1972, a copy of which is enclosed, that while a City Clerk is often called a municipal officer, the City Clerk is an em- ployee in the sense that he or she may be removed by the governing body of the.municipality at any time. Code of Alabama 1975, §g11-43-4 and 11-43-160. The salary of the City Clerk is, therefore, not controlled by those constitu- tional and statutory provisions which prevent a change in the salary of a public officer. CHARLES A. GRADDICK Attorney General By- CAROL JEAN'SMITH Assistant 'Attorney General 4 Ms. Judy Bolding Page 2 This response to your first question makes a response to your second question unnecessary. If, however, this office may be of further assistance to you, please do not hesitate to call on us. Very truly yours, CJS/dwm Enclosure `Iteference Ls Made to pout request fox an opinion of ttde-Office , - suhaitted on,behalf iof the City of Oxford in which you ask whether the City Council is authorized to, increase the salaries of the City Clerk and the Chief of Police. Your question is answered in the:: se. *tile the persons who hold thesonaicipal posit/cant: .44141ich four request_refers '' an soma titlatiPlatzleanicipel officers, they are municipal. ',•:: employees iiktheirminattat they may be removed by the governing body at any,timi. Bee Sitbia7. Section 451. Code of Alabama 1940, Recomriiled 2958. Theeilaries of these employees ere not controlled by those constitutional and statutory provisigatplibiCk prevent a change in salary of a public- officer.. .'.1"1:'-':2:1•''' . We. treat that- this opinion - tarnishee, the desired -109.-:11. , . . - - - - . • • -.• - ... saatioa ileity.trel3 petunia. =LIM J. BAUM Attorney General Dy- AWL Assistant Attorney Senna& twahlasdb