AGO 1996-110.

• Case Date: January 25, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-110. 1996-110January 25, 1996Honorable Howard Shell Mayor, City of Atmore P. O. Drawer 1297 Atmore, AL 36504 Municipalities - Library Boards - Libraries - Funds - Employees, Employers, Employment A free public library board may be the employer of its personnel. Where the municipality has been functioning as the employer, any change in the status of the employees is subject to the current conditions of employment.Dear Mayor Shell: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1 AND 2 Does an incorporated municipality have the right to discontinue its liability and duties as the employer for personnel assigned to a public library in favor of assumption of those functions by an unincorporated but existing library board? If so, what process must a municipality follow in taking this course? May a municipality through its city council, which has been exercising traditionally the full responsibilities of an employer with respect to hiring, firing, transferring and paying municipal library employees including paying into the state retirement system on behalf of those employees assigned to the library, determine that it will no longer carry that employer/funding responsibility? If so, what process must a municipality follow in disestablishing itself as the employer? FACTS AND ANALYSIS We understand that in the past the city council has been exercising the full responsibility of an employer with respect to hiring, firing, transferring, and paying municipal library employees, including paying into the state retirement system for these employees. You wish to know whether these duties can be assumed by the Board. Library boards created under Code of Alabama 1975, __ 11-90-1 through 11-90-4, are authorized in _ 11-90-3, among other things, to (1) control the expenditure of all funds received or appropriated for such libraries and (2) elect a librarian and other employees. Clearly, the Board is authorized to assume direct control of the library board functions. While it would be impossible for an opinion of the Attorney General to cover every contingency which might arise in shifting these responsibilities, we would point out to you just a few of the possible issues which may arise. Since the Board is unincorporated, any liability...