AGO 1996-223.

• Case Date: May 28, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-223. 1996-223May 28, 1996Maxwell Lynn Reeves, D.M.D. President, Board of Dental Examiners of Alabama 2327 Pansy Street, Suite B Huntsville, AL 35801 Dentists - Dental Examiners, Board of - Contracts - Contract Review Committee - Legislative Committees - Governor Contracts of Board of Dental Examiners for personal and professional services not subject to approval by the Governor or review by the Legislative Contract Review Oversight Committee.Dear Dr. Reeves: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION

Are the contracts for personal and professional services entered into by the Alabama Board of Dental Examiners subject to approval by the Governor or review by the Legislative Contract Review Oversight Committee?

FACTS, LAW AND ANALYSIS The Legislative Contract Review Oversight Committee exists and has powers set forth under Code of Alabama 1975, __ 29-2-40 through 29-2-41.3, as last amended. The pertinent portions of these sections are found in _ 29-2-41 and _ 29-2-41.2 which provide:

". . . The committee shall have the responsibility of reviewing contracts for personal or professional services with private entities or individuals to be paid out of appropriated funds, federal or state, on a state warrant issued as recompense for those services . . . ." (Section 29-2-41) (Emphasis supplied.)

"For the purposes of this article the term personal and professional services specifically includes independent contractor agreements as well as individual employment agreements." (Section 29-2-41.2)

Specific exclusions are set forth in _ 29-2-41.3 as follows: "The following personal and/or professional services contracts shall be excluded from the terms of this article:

"(1) Contracts for insurance;

"(2) Contracts let by competitive bid.

"(3) Contracts entered into by public corporations and authorities;

"(4) Any contract the total amount of which does not exceed $1,500.00, said total amount to include both compensation and reimbursement of expenses."

The Board of Dental Examiners exists pursuant to Article 2 of Chapter 9, Title 34, Code of Alabama 1975, as last amended (__ 34-9-40, et seq.). It has the authority to employ an administrative secretary, and to control its own funds, as set forth in _ 34-9-41 as...