Reynolds, 040921 ALAGO, AGO 2021-028

Case DateApril 09, 2021
CourtAlabama
Honorable Sibley Reynolds
AGO 2021-028
2021-028
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
April 9, 2021
         Honorable Sibley Reynolds          Secretary          Chilton County Healthcare Authority          Post Office Box 70          Clanton, Alabama 35046          Health Care Authorities - Conflicts of Interest - Chilton County          A member of the Chilton County Health Care Authority ("Health Care Authority") may also serve as a paid staffer for a United States Senator.          Dear Judge Reynolds:          This opinion of the Attorney General is issued in response to your request on behalf of the Health Care Authority.          QUESTION          May a member maintain her position on the local Health Care Authority and be a paid staffer for a United States Senator?          FACTS AND ANALYSIS          The Health Care Authority is incorporated under section 22-21-310, et seq. of the Code of Alabama. Ala. Code §§ 22-21-310 through 22-21-344 (2015). Your request states that the Health Care Authority is comprised of nine members appointed by the Chilton County Commission to serve staggered terms, and that one member of the Health Care Authority was recently offered a paid position working as staff for a United States Senator. You question whether the member is prohibited from serving in both positions.          The Alabama Constitution provides as follows:
No person holding an office of profit under the United States, except postmasters, whose annual salaries do not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this state, except justices of the peace, constables, notaries public, and commissioner of deeds.
Ala. Const, art. XVII, § 280. Similarly, the Code of Alabama states the following:
No person holding an office of profit under the United
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