Robertson, 030419 ALAGO, AGO 2019-24

• Case Date: March 04, 2019
• Court: Alabama

Honorable Russell B. Robertson AGO 2019-24 No. 2019-024 Alabama Attorney General Opinion State of Alabama Office of the Attorney General March 4, 2019          Honorable Russell B. Robertson          Attorney, Civil Service Board of Walker County          Laird and Robertson          Post Office Box 498          Jasper, Alabama 35502-0498          Civil Service System - Personnel Boards Probate Judges Employees, Employers, Employment - Walker County          The chief clerk in the probate judge's office is not exempt from the provisions of Act 200 (1969) and the rules of the Civil Service Board of Walker County.          Dear Mr. Robertson:          This opinion of the Attorney General is issued in response to your request on behalf of the Civil Service Board of Walker County.          QUESTION          Is the position of chief clerk exempt from Act 200 (1969) and the rules of the Civil Service Board of Walker County regarding the hiring, transfer, demotion, removal, discharge, etc., of county employees?          FACTS AND ANALYSIS          Your request states that the newly elected Walker County Probate Judge took office this year. Section 12-13-40 of the Code of Alabama authorizes a probate judge "[t]o employ, at his own expense a chief clerk." Ala. Code § 12-13-40 (2012) (emphasis added). The Civil Service Board of Walker County ("Board") was created by Act 200, adopted in 1969. 1969 Ala. Acts No. 200, 264. It makes "rules and regulations governing examinations, eligible registers, appointments, transfers, salaries, promotions, demotions, annual and sick leave" that apply to all county employees not specifically exempted. Id. at 265. You seek clarification as to whether the probate judge or Board has authority over the position of chief clerk.          This Office has stated that if a probate judge receives a salary and his or her employees are paid by the county commission, then they are considered county employees. Opinion to Honorable Casandra (Sandy) Horsley, Probate Judge, Winston County...