OFFICE OF THE ATTORNEY GENERAL 9 7 - 0 0 001

[Pages:3]OFFICE OF THE ATTORNEY GENERAL 9 7 - 0 0 001

ALABAMA STATE HOUSE 11 SOUTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (334) 242-7300

JEFF SESSIONS

ATTORNEY GENERAL STATE OF ALABAMA

OCT 7 1996

Honorable B. J. McPherson Attorney, Blount County Commission 210 3rd Avenue East Oneonta, AL 35121

Counties - Private Enterprise - Sand and Gravel - Private Work

In the absence of legislation permitting such, employees of Blount County cannot load chert onto private vehicles. The determination of the applicability of the Ethics Law may be sought from the State Ethics Commission.

Dear Mr. McPherson:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

Where an employee of Blount County loads chert for the public, and the public reimburses the county for said chert, including the labor associated therein, if the county may do so and not be in violation of the law?

Honorable B. J. McPherson Page 2

FACTS, LAW AND ANALYSIS

Section 94 of the Constitution of Alabama 1901, as amended by Amendment No. 112, prohibits a county from granting money or any other thing of value in aid of a private person, association, or corporation. This office has consistently concluded that a county may do work on private property if: (1) there is legislation permitting such work to be done; (2) the legislation provides that the county will be fully reimbursed for the labor, materials, and equipment used in the work; and (3) there is a provision of certainty in the legislation that the county will be paid. Opinions to Honorable D. Todd McLeroy, Attorney, Cullman County Commission, dated January 8, 1996, A.G. No. 96-00083, to Honorable S. Keith Powell, Administrator, Pickens County Commission, dated April 3, 1995, A.G. No. 95-00174, and to Honorable Robert E. Cooper, Attorney, Franklin County Commission, dated January 30, 1981, A.G. No. 81-00211.

In the above-cited opinion to Honorable Robert E Cooper, supra, it was specifically determined that a county may load gravel onto private vehicles if there is a local act authorizing this, and the act requires that the county be fully reimbursed for its services and the gravel, and if there is some provision of certainty that the county will be paid.

My research does not reveal that there is legislation permitting the employees of Blount County to load chert onto private vehicles or for private individuals. Act No. 688, Acts of Alabama 1975, p. 1439 authorizes the Blount County Commission to permit county employees to do work in private or public cemeteries, including the repairing and maintaining of roads. However, the loading of chert by county employees onto private vehicles is not authorized.

You may want to submit the question to the State Ethics Commission for a determination of the applicability of the State Ethics Law.

CONCLUSION

In the absence of legislation permitting such, employees of Blount County cannot load chert onto private

Honorable B. J. McPherson Page 3

vehicles. The determination of the applicability of the Ethics Law may be sought from the State Ethics Commission.

I hope this sufficiently answers your question. If our office can be of further assistance, please contact James R. Solomon, Jr., of my staff.

Sincerely,

JEFF SESSIONS Attorney General By:

JS/LKO/jho M9.96/0P

JAMES R. SOLOMON, JR. Chief, Opinions Division

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