Turner, 082919 ALAGO, AGO 2019-51

• Case Date: August 29, 2019
• Court: Alabama

Honorable Barton Turner, Director AGO 2019-51 No. 2019-051 Alabama Attorney General Opinion State of Alabama Office of the Attorney General August 29, 2019          Honorable Barton Turner, Director          Washington County E-911 Communications District          Post Office Box 1028          Chatom, Alabama 36518          Emergency Management Communications - E-911 Boards -Nepotism - Conflicts of Interest -Employees, Employers, and Employment          The Washington County E-911 Board may employ the son of the E-911 director without violating section 41-1-5 of the Code of Alabama.          Dear Mr. Turner:          This opinion of the Attorney General is issued in response to your request on behalf of the Washington County E-911 Communications District.          QUESTION          May the Washington County E-911 Communications District employ the son of the current director without violating section 41-1-5 of the Code of Alabama?          FACTS AND ANALYSIS          Emergency telephone service is provided for in this state through local emergency management communications districts, often referred to as E-911 boards, that are created pursuant to sections 11-98-1 through 11-98-15 of the Code of Alabama. Ala. Code §§ 11-98-1 to 11-98-15 (2008 & Supp. 2018). Your request states that the E-911 Board is considering a proposal to hire your son. Section 41-1-5 of the Code of Alabama prohibits nepotism in state service and states, in pertinent part, as follows:

(a) No officer or employee of the state or of any state department, board, bureau, committee, commission, institution, corporation, authority, or other agency of the state shall appoint, or enter a personal service contract with, any person related to him or her within the fourth degree of affinity or consanguinity to any job, position, or office of profit with the state or with any of its agencies.

Ala. Code § 41-1-5(a) (Supp. 2018).          Because section 41-1-5 applies only to state officials and employees, whether the E-911 Board is covered under the...