Bishop, 041819 ALAGO, AGO 2019-31

• Case Date: April 18, 2019
• Court: Alabama

Honorable Anthony J. Bishop AGO 2019-31 No. 2019-031 Alabama Attorney General Opinion State of Alabama Office of the Attorney General April 18, 2019          Honorable Anthony J. Bishop          Attorney, Conecuh County Merit System Board          Law Office of Anthony J. Bishop, LLC          Post Office Box 574          Evergreen, Alabama 36401          Civil Service System - Personnel Boards - Sheriffs - Deputies -Employees, Employers, Employment          Deputies, jailers, and corrections officers employed by the sheriff are exempt from the merit system for Conecuh County. Clerical staff, dispatchers, and cooks are subject to the system.          Dear Mr. Bishop:          This opinion of the Attorney General is issued in response to your request on behalf of the Conecuh County Merit System Board.

QUESTION

Does the merit system govern the deputies, jailers, corrections officers, cooks, dispatchers, administrative assistants, and secretaries employed by the sheriff?

         FACTS AND ANALYSIS          A local act applicable to Conecuh County creating a merit system is codified in section 45-18-120, et. seq., of the Code of Alabama. Ala.          Code §§ 45-18-120 to 45-18-120.14 (2009). Your request states that employees of the sheriff are paid by the county and receive the same benefits as all other county employees that are system employees.          An "employee," for purposes of the merit system, is defined as "any person, including law enforcement officers, not excepted by Section 45-18-120.2, who is employed in the service of Conecuh County." ALA. Code §45-18-120.01 (2009) (emphasis added). Section 45-18-120.02 exempts certain officials and employees as follows:

(I) persons holding elective offices; (2) members of appointive boards, commissions, and committees, (3) all employees of the county board of education; (4) independent contractors; and (5) any person whose employment is subject to the approval of the United States government or any agency thereof.

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