County Commission | The Magazine April 2018 | Page 20

FROM THE COVER Ala. Code § 17-1-5 allows all government employees one hour of time off from employment for voting purposes. However, “if the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls, then the time off for voting as provided in this section shall not be available.” • By law, polls in Alabama are open 7 a.m. to 7 p.m., although limited variation is possible in counties in the Eastern time zone. If you are a county employee who is on a leave of absence because you are a candidate for county office… According to Ala. Code § 17-1-4(b), leave must continue until one of the following occurs: • The election results are certified; or • The employee is no longer a candidate; or • There are no other candidates (independent or any political party) on the ballot. For example – The winner of the Republican primary in a Republican- dominated district would need to stay on leave if he/she faced a Democratic Party nominee in November, regardless of how heavily favored he/she might be. See AG’s Opinion # 96-200. The leave requirement in Ala. Code § 17-1-4(b) does NOT apply to the following: • Elected officials. • County employees running for state or municipal office. • Deputies. Deputies are in a unique situation. Because deputies are considered an arm of the sheriff, who is a constitutional officer, the requirement to take a leave of absence does not apply to them. See, e.g., AG’s Opinion ## 2006-072; 2002-016. However, the sheriff may require a deputy to take leave. Probate judge and tax official (i.e., revenue commissioner) are not constitutional offices. n Who can answer additional questions? Morgan Arrington, ACCA General Counsel, [phone], [email protected] 711 East Hobbs Street • Athens, Alabama 35611 www.morellengineering.com Transportation Engineering Geotechnical Engineering Construction Materials Testing Aviation, Civil, and Municipal Engineering Surveying and Land Development Facilities Management and Operations 20 | COUNTY COMMISSION