Pouncey, 011619 ALAGO, AGO 2019-16

Case DateJanuary 16, 2019
CourtAlabama
Honorable Walter Craig Pouncey
AGO 2019-16
No. 2019-016
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
January 16, 2019
         Honorable Walter Craig Pouncey          Superintendent          Jefferson County Board of Education          2100 18th Street South          Birmingham, Alabama 35209          Education, Boards of - Payroll Deductions - Political Activities -Crimes and Offenses - Jefferson County          A public school official charged with administering payroll deductions does not have the authority to conduct an independent investigation into whether a membership organization has filed false information when certifying that none of its membership dues are used for political activity. Such an official should report his or her concerns to the Department of Examiners of Public Accounts.          A public school official who has official knowledge that a membership organization has filed false information should cease payroll deductions for that organization.          Dear Dr. Pouncey:          This opinion of the Attorney General is issued in response to your request on behalf of the Jefferson County Board of Education.          QUESTIONS          (1) What is a public school superintendent's enforcement authority and legal obligation with respect to apparent or suspected violations of section 17-17-5(b) of the Code of Alabama which permanently bars organizations failing to comply with its requirements from arranging for the collection of its membership dues from any governmental entity?          (2) Does section 17-17-5(c) of the Code of Alabama impose criminal liability on a public school official who accepts an organization's certification at face value if the accounting breakdown raises substantial questions regarding the organization's compliance with the restrictions imposed by section 17-17-5(b)?          FACTS AND ANALYSIS          Your request states that you are required by sections 16-9-32 and 16-9-33 of the Code of Alabama to prepare and approve payrolls for the payment of teachers and other employees. Ala. Code §§ 16-9-32, 16-9-33 (2012). You seek guidance on how these duties were affected by the amendment of section 17-17-5 of the Code of Alabama by Act 2010-761. Ala. Code § 17-17-5 (Supp. 2017). Specifically, you ask whether you may or must direct your payroll department to cease payroll deductions for any "offending organization" and whether you must comply with any due process and standard of proof requirements before making a determination that such an organization has failed to comply with section 17-17-5. Alternatively, you...

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