AGO 1996-141.

• Case Date: February 23, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-141. 1996-141February 23, 1996Honorable Lawton Ed Armstrong Sheriff P. O. Box 298 Abbeville, AL 36310 CORRECTED COPY Sheriffs - Supernumerary Status - Creditable Service - Law EnforcementA juvenile probation officer is a law enforcement officer, so that time served as a chief juvenile probation officer can be used as service credit for becoming a supernumerary sheriff, and calculating benefits therefor.Dear Sheriff Armstrong: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Is a juvenile probation officer a law enforcement officer as considered in Code of Alabama 1975, _ 36-22-61 and _ 36-22-62, so that time served as a chief juvenile probation officer can be used as service credit for becoming a supernumerary sheriff and calculating benefits therefor? FACTS, LAW AND ANALYSIS Code of Alabama 1975, _ 36-22-61 provides in pertinent part: "The governing body of each county shall begin deducting, upon July 19, 1979, and each month thereafter, from the salaries of such sheriffs an amount equal to six percent of the monthly salary paid such sheriff. Such sum shall be deducted monthly and paid into the general fund of the county. If any sheriff, subject to the provisions of this article, shall end his tenure of office prior to having reached age of 55 years, but having had 16 years of service as a law enforcement officer, 12 of which have been as sheriff, his supernumerary allowance as set out in section 36-22-62, shall be vested and held in the general fund of the county until he attains the age of 55, at which time, or any time thereafter, he may elect to become a supernumerary sheriff as set out in section 36-22-60." Code, _ 36-22-63 allows an eligible sheriff to purchase prior service credit for prior service as a sheriff or as a law enforcement officer. Opinion to J. Harold Richards...