Author Topic: Hamilton Alabama City Ordinance #2011-22  (Read 3765 times)

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1911

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #30 on: August 06, 2012, 09:03:20 PM »
AGR was not able to get on the agenda tonight but several "good" guys showed up and they knew what it was for. However this silly ordinance will be on the agenda next meeting. An officer or 2 learned about OC but our guys asserted that it wasn't about OC or CC it was about the City not following State law.  Flyers were handed out to everyone there including the Officers.  A good day for AGR.  This isn't just about Gun rights it's about freedom and following the law. Curt said he told them over and over that was the deal. The Chief of Police there agreed that the ordinance was bad and that OC was indeed legal.   ;D

The question is out of all the chiefs and sheriffs that say they know OC is legal, how many also believe it's legal....GASP.....on property not your own even if you don't ask permission to do so on said property first?
It's better to be judged by twelve than carried by six.
 
Alcohol, tobacco and firearms should be a convenience store not a government agency.

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #31 on: August 20, 2012, 06:53:57 PM »
 :clap :clap :clap :clap :clap

Curtis Self Hey guys, everything in the law pertaining to firearms has been suspended. I am meeting with the police chief on Friday to discuss the ordinance. If we cannot come to a mutual agreement then the city will probably request an ag opinion. I b...elieve we can show them some previous opinions that will convince them that it has already been ruled on. The chief as well as the council and Mayor were very responsive and ready to help do what they can to make it right. The chief advised the council that we should have it worked out in 30 days unless they had to request an opinion on it. We have come a long way since we started discussing this last November. Thanks for all of the help! Persistence pays!See More  9 minutes ago via mobile UnlikeLike 2.

City     :surrender

Great news.   

Blackcloud

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #32 on: August 20, 2012, 07:09:58 PM »
That's good news.  A few short years ago, this would not have happened.  The situation in Alabama is returning to a lawful status.  Never should have strayed, but its getting on track now.
"I just want to carry my gun and be left alone"

Bullet

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #33 on: August 20, 2012, 09:31:39 PM »
Alright, which city is next on the list?

Dianosis

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #34 on: August 21, 2012, 05:56:19 AM »
Alright, which city is next on the list?

Lets go for a whole county.....Coffee County, woodpile has it in his sights!
"Every man is a spark in the darkness. by the time he is noticed he is gone forever. A retinal after-image that fades and is obscured by newer, brighter lights."

Eddie Fulmer

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #35 on: August 31, 2012, 02:26:56 PM »
Just talked to Curt Self, the "MAN" in Hamilton Alabama. He tells me the newspaper there has a full page story on the recent happenings in this fair city!!!  Also said his phone had been ringing off the hook and he couldn't even get to all the calls. The people up there are mad as you know what about the ordinance!!! I've not seen it yet but he tells me the City Attorney and the Police Chief have been rakeded over the coals pretty good. I'm hoping to get a copy soon and will post it. But rejoice fellow Patriots, there's a light at the end of the tunnel and it's getting brighter and closer!!   The Sheeple are awakening. All they need is to be told the truth about their rights and what's happening to them. By the way Curt doesn't Open Carry. He's just a Patriot.  Can I get a Treborfoot fist pump please.   ;D

Kirbinator

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #36 on: August 31, 2012, 05:16:23 PM »
Wait. Has the ordinance been repealed?  :surrender

If so, then give these guys a pat on the back for admitting they were wrong and encourage them to take steps to get educated on what's right.  :clap

It's not every day the city/county realizes they've screwed up and put the taxpayers (and themselves) on the hook for something they shouldn't have done in the first place.
Who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment . . . inflict on his fellow men a bondage. -- Thomas Jefferson

"I've been at the mercy of men just following orders... never again!" -- Magneto

Eddie Fulmer

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #37 on: August 31, 2012, 06:22:25 PM »
I'm of the understanding the Chief will ask for permission to ask for an AG opinion at the next council meeting concerning long guns.  He realizes he can't regulate pistols. I'm going to the next meeting Tuesday and will have a report and pics then. I hear that some have called for the Chief to go as he's the one who came up with this crap. I'm hoping and have it on good report all of it's gone. The citizens have almost revolted from what I hear and are attending the council meetings in high numbers.  I'll have much more next week. 

Treborfoot

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #38 on: September 01, 2012, 06:00:17 AM »
ALABAMA ATTORNEY GENERAL OPINIONS of 2112


http://www.ago.state.al.us/Opinions.aspx

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Number Preview Date     
2012-083 Honorable Tommy Colley, Acting Director Alabama Manufactured Housing Commission 350 South Decatur Street Montgomery, Alabama 36104 Manufactured Housing Commission - State Departments and Agencies - Fire Marshal - Insurance Department Under section 24-6-4 of the Code of Alabama, the Fire Marshal Division of the Insurance Department ("Fire Marshal") does not retain administrative authority to manage, supervise, or evaluate the administrator of the Alabama Manufactured Housing Commission. De 08/22/2012 PDF DOC 


2012-082 Honorable Ben Brooks Member, Alabama State Senate Mobile County Legislative Office 104 South Lawrence Street Mobile, Alabama 36602 Judges - Judicial Selection Commission - Legislators - Mobile County Amendment 408 of the Constitution of Alabama requires members of the Senate and House in the Mobile County Legislative Delegation to meet jointly and to jointly elect their representatives to the Mobile County Judicial Commission. Dear Senator Brooks: This opinion of the Attorney General i 08/22/2012 PDF DOC

2012-081 Honorable Ronald L. Jones, Chief Examiner Department of Examiners of Public Accounts Post Office Box 302251 Montgomery, Alabama 36130-2251 Colleges and Universities - Tuition - Postsecondary Education, Department of - Internet Section 16-64-4 of the Code of Alabama applies to tuition for online courses. Dear Mr. Jones: This opinion of the Attorney General is issued in response to your request. QUESTIONS Does section 16-64-4 of the Code apply to tuition for web-based courses taken o 08/20/2012 PDF DOC  

2012-080 Honorable Joe W. Campbell General Counsel The Health Care Authority of the City of Huntsville Lanier, Ford, Shaver, & Payne Post Office Box 2087 Huntsville, Alabama 35804 Honorable Howard E. Bogard Attorney, The Health Care Authority of Morgan County - City of Decatur Burr & Forman 420 North 20th Street Suite 3400 Birmingham, Alabama 35203 Health Care Authorities - Leases The Health Care Authority of Morgan County - City of Decatur ("Morgan County HCA") may enter into the propose 08/17/2012 PDF DOC
2012-079 Honorable Jim Byard, Jr., Director Alabama Department of Economic and Community Affairs Post Office Box 5690 Montgomery, Alabama 36103-5690 Water Rights - Prescriptive Period Prescriptive period for obtaining water rights in Alabama is ten years. Dear Mr. Byard: This opinion of the Attorney General is issued in response to your request. QUESTION Is the prescriptive period for obtaining water rights in Alabama ten years? FACTS AND ANALYSIS Section 21(e) of the Alabama Water Re 08/16/2012 PDF DOC
2012-078 Honorable Todd Entrekin Sheriff of Etowah County 827 Forrest Avenue Gadsden, Alabama 35901-3620 Honorable James E. Turnbach Attorney, Etowah County Commission Turnbach, Warren, Roberts and Lloyd Chestnut at Second/Suite A Post Office Box 129/200 Chestnut Street Gadsden, Alabama 35902 Sheriffs - Elections - Records - Ballots - Election Officials - Etowah County Alabama law authorizes the sheriff and/or a duly appointed deputy sheriff to take control and secure the "records of elections con 08/16/2012 PDF DOC

2012-077 Honorable David H. Bradford Mayor, City of Muscle Shoals Post Office Box 2624 Muscle Shoals, Alabama 35662 Honorable Rebecca Narmore Attorney, Colbert County E-911 Board 301 North Dickson Street Tuscumbia, Alabama 35674 Municipalities - Ambulance Service - Emergency Management Communications - Districts - Contracts - Competitive Bid Law - Colbert County The Colbert County E-911 Board should honor a request made by resolution from the City of Muscle Shoals to dispatch, within the corporate 08/14/2012 PDF DOC

2012-076 Honorable George M. Barnett Attorney, The Marshall County Health Care Authority Post Office Box 93 Guntersville, Alabama 35976 Health Care Authorities - Recordation of Instruments - Fees - Liens - Probate Judges County health care authorities are not statutorily obligated to pay fees, taxes, or costs to a probate judge for the perfection, recordation, and release of hospital liens. Dear Mr. Barnett: This opinion of the Attorney General is issued in response to your request on behalf 08/03/2012 PDF DOC

2012-075 Honorable Susan Yvette Price Interim Chancellor Department of Postsecondary Education Post Office Box 302130 Montgomery, Alabama 36130-2130 Education, State Board of - Education, Department of - Postsecondary Education, Department of - Attorneys - Funds Discussion of the authority of the State Board of Education ("Board") with respect to the Department of Postsecondary Education ("Department"). Dear Chancellor Price: This opinion of the Attorney General is issued in response to your req 08/02/2012 PDF DOC

2012-074 Honorable Ana W. Franklin Sheriff of Morgan County 119 Lee Street, NE Decatur, Alabama 35601 Sex Offenders Registration Act - Community Notification Act - Sheriffs - Fees - Funds - County Commissions Registration fees collected by the Morgan County Sheriff pursuant to section 15-20A-22 of the Code of Alabama must be transferred to the Morgan County Commission for appropriation to the sheriff to defray the costs of sex offender registration, verification, and notification. Dear Sheriff Fr 08/02/2012 PDF DOC

2012-073 Honorable Jimmy S. Calton Attorney, City of Eufaula 226 East Broad Street Eufaula, Alabama 36072-0219 Municipalities - Elections - Candidates - Death - Municipal Elections - Barbour County Under the principles of law pronounced by the Alabama Supreme Court in State ex rel. Cleveland v. Stacy, 263 Ala. 185, 82 So. 2d 264 (1955) and the statutory authority provided in sections 11-46-25(g) and 11-46-26 of the Code of Alabama, the City of Eufaula should allow the name of a deceased candidate t 08/01/2012 PDF DOC

2012-072 Honorable Greg Medders, Chairman Tuscaloosa Police Officers and Firefighters Retirement Plan Board of Trustees 14480 Opal Way Duncanville, Alabama 35456 Pension Fund - Police Officers - Firefighters - Contributions - Employees, Employers, Employment - Tuscaloosa County Section 6.03(b) of Act 2012-450 increases member contributions to the Tuscaloosa Police Officers and Firefighters Retirement Plan. As long as a member's salary, pension base, or final average salary is not decreased, t 07/30/2012 PDF DOC

2012-071 Honorable Don Davis Mobile County Probate Judge Post Office Drawer 7 Mobile, Alabama 36601 Honorable Patricia Tyrrell, Chair Mobile County Board of Registrars 151 Government Street, Suite 165 Mobile, Alabama 36602 Elections - Provisional Ballots - Registrars, Board of - Probate Judges - Voting - Voter Registration List Nothing in federal or state law authorizes a board of registrars or a probate judge to mail official election notices to any address other than the one appearing on the offi 07/27/2012 PDF DOC

2012-070 Honorable Dianne Gamble General Counsel Sumter County Board of Education Boardman, Carr, Hutcheson & Bennett 400 Boardman Drive Chelsea, Alabama 35043 Education, Boards of - Schools - Ad Valorem Taxes - Referendum Election Additional legislative approval is not required to propose ad valorem tax increases pursuant to Amendment 202 and Amendment 382 of the Constitution of Alabama. Dear Mrs. Gamble: This opinion of the Attorney General is issued in response to your request on behalf of th 07/25/2012 PDF DOC

2012-069 Honorable Dave Sutton Coffee County Sheriff #4 County Complex New Brockton, Alabama 36351 Sheriffs - Discretionary Funds - Awards - Employees, Employers, Employment The Sheriff of Coffee County may use funds from the Sheriff's Fund, the Law Enforcement Fund, and the Work Release Fund to purchase plaques or certificates for employees in recognition of superior service or years of service. Dear Sheriff Sutton: This opinion of the Attorney General is issued in response to your request. QU 07/25/2012 PDF DOC

2012-068 Honorable Gaynell Hendricks Jefferson County Tax Assessor 716 Richard Arrington Jr., Boulevard, North Suite 170 Birmingham, Alabama 35203 Tax Assessors - Ad Valorem Taxes - Exemptions - Charitable, Civic and Eleemosynary Funds - Real Property The fact that Alethia House receives rental income from its real property cannot be construed to constitute pecuniary gain or individual profit to defeat its tax-exempt status, so long as it is carrying out its intended purpose under section 40-9-12(a 07/05/2012 PDF DOC

2012-067 Honorable Robert A. Jones, Jr. Attorney, Birmingham Racing Commission Jones & Berry, P.C. 1205 North 19th Street Birmingham, Alabama 35234 Birmingham Racing Commission - Alabama State Fair Authority - Funds - Jefferson County The Birmingham Racing Commission is authorized to reallocate and disburse the net revenues allocated to the Alabama State Fair Authority from 2003 to the present in accordance with section 11-65-36 of the Code of Alabama. Dear Mr. Jones: This opinion of the Attorne 06/28/2012 PDF DOC

2012-066 Honorable Broox G. Garrett, Jr., Attorney Brewton/Escambia County Emergency Communications District Thompson, Garrett & Hines 218 Belleville Avenue Post Office Box 387 Brewton, Alabama 36427-0387 Emergency Management Communications Districts - Funds - Volunteer Fire Departments - Competitive Bid Law The E-911 Board may provide matching funds to a volunteer fire department to improve the emergency communications system. The E-911 Board is subject to the Competitive Bid Law. Although t 06/25/2012 PDF DOC

2012-065 Honorable
 David A. McDowell Attorney, City of Prattville 145 West Main Street Prattville, Alabama 36067 Municipalities - City Council Members - Contracts - Conflicts of Interest - Real Property The City of Prattville may not surplus city property and exchange said property with a sitting council member's property. Dear Mr. McDowell: This opinion of the Attorney General is issued in response to your request on behalf of the City of Prattville. QUESTION May the City of Prattville surp 06/25/2012 PDF DOC

2012-064 Honorable Aubrey Ford Chairman, Alabama Board of Court Reporting Post Office Box 240066 Montgomery, Alabama 36124-0066 Court Reporters - Alabama Board of Court Reporting - Licenses and Permits - Exemptions - Administrative Office of Courts Because there are no licensure exemptions for official court reporters pursuant to state law, official court reporters are required to be licensed by the Alabama Board of Court Reporting. Dear Judge Ford: This opinion of the Attorney General is issue 06/25/2012 PDF DOC

2012-063 Honorable Robert T. Treese, III Lee County District Attorney 2311 Gateway Drive, Suite 111 Opelika, Alabama 36801 District Courts - Jurisdiction - Municipal Courts - District Attorneys - Misdemeanors - Pretrial Diversion Programs District and municipal courts within Alabama are of limited jurisdiction. A district court is without authority to transfer a misdemeanor violation made by a deputy sheriff or state trooper (within the municipal court jurisdiction) that cites state law to a munic 06/13/2012 PDF DOC

2012-062 Honorable Linda Harris Revenue Commissioner Tallapoosa County Courthouse 125 North Broadnax Street, Room 106 Dadeville, Alabama 36853 Homestead Exemptions - Ad Valorem Taxes - Income Requirements - Ownership - Professional Corporations - Taxpayers - Code Section 40-09-21 The income of a professional corporation that is owned by the taxpayer should not be considered when determining whether the taxpayer has met the income qualification in section 40-9-21 of the Code of Alabama. Dear Ms. Har 06/13/2012 PDF DOC

2012-061 Honorable Alex Dudchock County Manager Shelby County Business Revenue Office Post Office Box 800 Columbiana, Alabama 35051 County Commissions - Sales Tax - Exemptions - Tickets The sale of admission tickets to the Champions Tour golf tournament, which is conducted as a Champions Tour event by PGA Tour, Inc., is exempt from state, county, and municipal sales taxes under section 40-23-5(q) of the Code of Alabama, notwithstanding the incorrect reference in the Code section to "Senior PGA" as  05/30/2012 PDF


2012-060 Honorable Jo Ann Smith Chair, Henry County Commission 101 Court Square, Suite B Abbeville, Alabama 36310 County Commissions - Sheriffs - Deputies - Compensation - Discretionary Funds - Employees and Employers - Policies and Procedures - Jailers The Henry County Commission may use the Sheriff's Work Release, Law Enforcement, and Pistol Permit Funds to provide incentive compensation to deputy sheriffs and jailers, provided the compensation is made pursuant to a joint written policy adopted b 05/30/2012 PDF DOC

2012-059 Honorable Carl A. Poteat Jr., Chairman Autauga County Board of Registrars 165 West 5th Street Prattville, Alabama 36067 Elections - Voter Registration - Documents - Provisional Voting - Registrars, Board of An unregistered individual cannot complete the voter registration process by filing a provisional ballot and supporting documents at the polls. Dear Mr. Poteat: This opinion of the Attorney General is issued in response to your request on behalf of the Autauga County Board of Registra 05/10/2012 PDF DOC

2012-058 Honorable Jeffrey A. Wood Coosa County Circuit Clerk's Office Post Office Box 98 Rockford, Alabama 35136 Subpoenas - Service of Process and Summons - Minors - Witnesses - Schools A subpoena in a juvenile delinquency proceeding may be served on a minor witness at school. Schools, however, may reasonably restrict the time, location, and manner in which such service is perfected. Dear Mr. Wood: This opinion of the Attorney General is issued in response to your request. QUESTION Is it 05/01/2012 PDF DOC


2012-057 Honorable Michael G. Kendrick Attorney, Homewood City Council Waldrep, Stewart & Kendrick, L.L.C. 2323 2nd Avenue North Birmingham, Alabama 35203 Municipalities - County Commissions - City Council Members - Office of Profit - Employees, Employers, Employment - Jefferson County The position of Director of Capital Structure and Investments for Jefferson County is not an office of profit. A council member may serve on the Homewood City Council and be employed as the Director of Capital Struc 04/27/2012 PDF DOC

2012-056 Honorable Gregory G. Fitch Executive Director Alabama Commission on Higher Education Post Office Box 302000 Montgomery, Alabama 36130-2000 Alabama Commission on Higher Education - Student Loan Programs - Collections - Contracts - Debt - Alabama Teacher Recruitment Incentive Program The Alabama Commission on Higher Education ("ACHE" or "Commission") may use any method allowed under Alabama law to collect any amounts owed by any individual who is in violation of his or her contract with ACHE 04/27/2012 PDF DOC

2012-055 Honorable Andrew Bennett Assistant Tax Assessor Jefferson County (Bessemer Division) Room 209 1801 3rd Avenue, North Bessemer, Alabama 35020 Tax Assessors - Discretionary Funds - Expenses A reasonable and necessary expense, as such term is defined, refers to an expense that is proper and essential under the circumstances. Section 40-1-48 of the Code of Alabama also requires that expenditures made pursuant to this section be incurred in the carrying out of official duties. The assistant t 04/27/2012 PDF DOC

2012-054 Honorable Jimmie Walker Mayor, Town of Falkville 21 North 1st Avenue Post Office Box 407 Falkville, Alabama 35622 Municipalities - Business Licenses - License Fees - Branch Offices - Morgan County The Town of Falkville may require a business engaged in "Truck Transportation" to pay a license fee based on all of the gross receipts of the business from whatever source derived when the business is not required to purchase a business license from any other municipality and the only physical lo 04/10/2012 PDF DOC


2012-053 Honorable Tim Mitchell Marshall County Probate Judge Marshall County Courthouse 425 Gunter Avenue, Suite 110 Guntersville, Alabama 35976 Guardians - Probate Courts - Nonprofit Corporations - Conservators Discussion of appointment of a nonprofit corporation as guardian and/or conservator of an incapacitated person. Dear Judge Mitchell: This opinion of the Attorney General is issued in response to your request. QUESTIONS May a nonprofit corporation be appointed guardian of an incapaci 04/10/2012 PDF DOC

2012-052 Honorable W. Clyde Marsh, Commissioner Alabama Department of Veterans Affairs Post Office Box 1509 Montgomery, Alabama 36102-1509 Cemeteries - Veterans Affairs - Deeds - Real Property The ownership of cemetery land by the Alabama Department of Veterans Affairs ("Department") satisfies the law that requires that "[t]he state shall own the property on which the cemetery is located." The Department has the authority to make conveyances and other land transfers relating to the land upon whic 04/02/2012 PDF DOC

2012-051 Honorable Kimbrough L. Ballard Dallas County Probate Judge Post Office Box 987 Selma, Alabama 36702-0987 Mortgage Tax - Recordation Tax - Corporations - Exemptions Whether a mortgage between the Alabama Farmers Cooperative, Inc., an Alabama Agricultural Cooperative Association, and a nonexempt party is exempt from mortgage tax depends on whether the Alabama Farmers Cooperative, Inc., is a mortgagor or mortgagee and if an annual fee has been paid. Whether the fees in connection with a fili 04/02/2012 PDF DOC

2012-050 Honorable Jeanette F. Carney Mayor, Town of Toxey Post Office Box 318 Toxey, Alabama 36921 Municipalities - County Commissions - Streets - Speed limits - Roads, Highways and Bridges - Choctaw County State law authorizes municipalities to set speed limits and post speed limits on state and county roads within their incorporated limits. Dear Mayor Carney: This opinion of the Attorney General is issued in response to your request on behalf of the Town of Toxey. QUESTION Does state law  04/02/2012 PDF DOC


2012-049 Honorable Roderick V. Royal President, Office of the City Council City of Birmingham 710 North Twentieth Street Birmingham, Alabama 35203 Air Pollution Control Act of 1971 - Pollution Control - Municipalities - Air Pollution - Environmental Management Department - Jefferson County The City of Birmingham is prohibited from establishing its own local air pollution control program pursuant to the Alabama Air Pollution Control Act of 1971, codified in section 22-28-1, et seq., as amended, of  03/28/2012 PDF DOC


2012-048 Honorable David A. Sullivan City Attorney, City of Midfield Booker T. Washington Building Suite 400D 1728 Third Avenue, North Birmingham, Alabama 35203 Municipalities - Contracts - Franchises - Constitutional Section 094 - Jefferson County There is no statutory authority for a city to endorse a private business in marketing services to its residents. Dear Mr. Sullivan: This opinion of the Attorney General is issued in response to your request on behalf of the Midfield City Council. QU 03/22/2012 PDF DOC


2012-047 Honorable Jay M. Ross Office of Mobile County Attorney Tenth Floor, South Tower 205 Government Street Mobile, Alabama 36644-1001 Industrial Parks - County Commissions - Subdivisions - Building Permits The subdivision regulations of Mobile County apply to the industrial park in the county containing the ThyssenKrupp plant. The county may inspect facilities in the park to ensure they are being used for industrial purposes. Additional facilities that locate in the park are not required to p 03/22/2012 PDF DOC


2012-046 Honorable Keith E. Warren Executive Director Alabama Board of Electrical Contractors 2777 Zelda Road Montgomery, Alabama 36106 Electrical Contractors Board - Licenses and Permits - Municipalities - Counties Section 34-36-16(b) of the Code of Alabama prevails over section 34-36-13(a), and therefore, every electrical contractor operating in Alabama must obtain a state license from the Board of Electrical Contractors ("Board") before engaging in the business of electrical contracting, except  03/13/2012 PDF DOC

2012-045 Honorable E. Shane Black Attorney, City of Athens Hand Arendall, LLC 102 South Jefferson Street Athens, Alabama 35611 Municipalities - Public Records - Accident Reports - Limestone County The City of Athens should, under the Public Records Act, allow members of the general public to inspect and obtain copies of completed Alabama Uniform Traffic Accident Reports. The City of Athens should redact a person's home address and telephone number from an accident report. A person's date of birth 03/13/2012 PDF DOC

2012-044 Honorable W. Phil Eldridge Attorney, Geneva County Commission Post Office Drawer 338 206 West Commerce Street Geneva, Alabama 36344 County Commissions - Public Purpose - Public Funds - Nonprofit Corporations - Insurance - County Funds Absent statutory authority to promote the general welfare and development of citizens who are mentally and developmentally disabled, the Geneva County Commission may not use and appropriate county funds to the Geneva County Association for Retarded Citizens ( 03/13/2012 PDF DOC

2012-043 Honorable William K. Maddox Sheriff of Henry County 101 West Court Square, Suite G Abbeville, Alabama 36310 Sheriffs - Compensation - Omnibus Pay Raise Bill - Expense Allowance - Local Laws Once the Omnibus Pay Raise Act ("Act") became effective in Henry County, the provisions of Act 2000-423 ceased to be applicable. Dear Sheriff Maddox: This opinion of the Attorney General is issued in response to your request. QUESTION Did the Omnibus Pay Raise Act do away with Henry County Local  03/12/2012 PDF DOC

2012-042 Honorable Don Davis Mobile County Probate Judge 109 Government Street Post Office Drawer 7 Mobile, Alabama 36601 Fair Campaign Practices Act - Candidates - Contributions - Campaign Contributions - Code Section 17-05-07 Nothing in section 17-5-7 of the Code of Alabama or the Fair Campaign Practices Act authorizes a candidate, public official, or principal campaign committee to return excess campaign contributions to the persons who contributed the funds. Dear Judge Davis: This opinion of 03/12/2012 PDF
DOC

2012-041 Honorable Clay Tinney Counsel, City of Roanoke 739 Main Street Post Office Box 1430 Roanoke, Alabama 36274 Municipalities - Public Purpose - Contracts - Consideration - Surplus Property - Buildings - Demolition - Randolph County A city may pay to have buildings demolished on land owned by a nonprofit entity in exchange for a land swap if the city determines that there are benefits flowing to both parties and a public purpose is served. Such an arrangement should be memorialized in a contr 02/29/2012 PDF DOC

2012-040 Honorable Joe Rex Sport Mayor, City of Luverne Post Office Box 249 Luverne, Alabama 36049 Municipalities - Rescue Squads - Contracts - Competitive Bid Law - Crenshaw County A contract between the City of Luverne and a nonprofit rescue squad is not subject to the Competitive Bid Law. Dear Mayor Sport: This opinion of the Attorney General is issued in response to your request on behalf of the City of Luverne. QUESTION Is the City of Luverne required to solicit bids for ambulance cal 02/29/2012 PDF DOC

2012-039 Honorable Marion E. Wynne Attorney, City of Fairhope Wilkins, Bankester, Biles & Wynne Post Office Box 1367 Fairhope, Alabama 36533 Municipalities - Employees, Employers, Employment - Municipal Employees - Offices and Officers - Removal from Office - Baldwin County Section 11-43-160 of the Code of Alabama gives the city council the authority to remove any officer in the several departments, but not employees. The term "officer" includes all those positions specifically set forth in the Co 02/28/2012 PDF DOC

2012-038 Honorable Jason C. Odom General Counsel Alabama Regional Communications System 110 East 15th Street Anniston, Alabama 36201 Communications Districts - Liability - Damages - Claims - Calhoun County A radio/alert notification communications district created under section 11-31-1 of the Code of Alabama is a governmental entity with the protection of the liability caps for the recovery of damages for bodily injury, death, or damage to property found in section 11-93-2 of the Code of Alabama.  02/28/2012 PDF DOC

2012-037 Honorable Fred Hamic Geneva County Probate Judge/ County C
hairman 200 North Commerce Street Post Office Box 430 Geneva, Alabama 36340 Registrars, Board of - County Commissions - Probate Judges - Voter Registration List - Municipalities The county commission, the board of registrars, and the probate judge should work together to determine who is best suited to be responsible for the street files and precinct maintenance for the county and for any municipalities within the county, subject 02/15/2012 PDF DOC

2012-036 SEE ACT 2012-224 BEFORE RELYING ON THIS OPINION. Honorable Joseph C. Rogers, Jr. Executive Secretary Alabama Licensing Board for General Contractors 2525 Fairlane Drive Montgomery, Alabama 36116 Storm Shelters ? Alabama Manufactured Housing Commission ? General Contractors Licensing Board ? Jurisdiction ? Rules and Regulations The Alabama Manufactured Housing Commission and the Alabama Licensing Board for General Contractors have concurrent jurisdiction to regulate the installation of nonres 02/15/2012 PDF DOC

2012-035 Honorable Melton Potter Mayor, City of Scottsboro 316 South Broad Street Scottsboro, Alabama 35768 Municipalities - Park and Recreation Board - Boards of Directors - Impeachment - Removal from Office - Public Corporations - Jackson County The Public Park and Recreation Board of the City of Scottsboro ("Board") is a public corporation. As such, the Board is an entity separate from the City of Scottsboro. Members of the Board may only be removed by impeachment for the causes set forth in s 02/08/2012 PDF DOC

2012-034 Honorable John Hollis Jackson, Jr. Attorney, Chilton County Commission Jackson & Jackson, LLP Post Office Box 1818 Clanton, Alabama 35046 County Commissions - Sheriffs - Mutual Aid Agreements - Law Enforcement - Fire Protection The North Chilton Volunteer Fire Department may respond to calls in a county adjacent to Chilton County if authorized by its bylaws and no funds received from the tax levied for fire, medical, and emergency services in Chilton County are used on such calls for equip 02/08/2012 PDF DOC
2012-033 Honorable Bruce N. Wilson Attorney, Clarke County Board of Education Wilson & Drinkard Post Office Box 99 Grove Hill, Alabama 36451 Education, Boards of - Superintendents - Expense Allowance - Retroactive Payments The Clarke County Board of Education may pay the current superintendent of education the monthly expense allowance provided by Act 152 (1973). This payment should cover the entire term of the superintendent from 2009 to the present. Because the current superintendent had a righ 02/08/2012 PDF DOC

2012-032 Honorable John Ben Jones Attorney for the City of Valley Post Office Box 386 Lanett, Alabama 36863 Municipalities - Assessments - Attorneys Fees - Demolition - Chambers County A municipality may assess reasonable attorney's fees and clerical costs as part of the costs of demolition of an unsafe structure under section 11-40-33 of the Code of Alabama. Dear Mr. Jones: This opinion of the Attorney General is issued in response to your request on behalf of the City of Valley. QUESTION I 02/07/2012 PDF DOC

2012-031 Honorable Greg Medders, Chairman Tuscaloosa Police and Fire Pension Fund 14480 Opal Way Duncanville, Alabama 35456 Pension Fund - Police Officers - Firefighters - Creditors - Child Support - Policies and Procedures - Tuscaloosa County The Tuscaloosa Police and Fire Pension Board ("Board") is authorized to deduct and make court-ordered child support payments. The Board is required to establish procedures as necessary to handle the processing of domestic relations orders issued pursuant to  01/27/2012 PDF DOC

2012-030 Honorable Beth Chapman Secretary of State's Office State Capitol - Suite S-105 600 Dexter Avenue Montgomery, Alabama 36130-4650 Fair Campaign Practices Act - Reporting Requirements - Preclearance - Elections A candidate is not required to file preelection financial disclosure reports until he or she has reached the threshold amount for campaign contributions or expenditures with a view toward influencing the outcome of an election. A candidate who has not reached the threshold amount may,  01/23/2012 PDF DOC

2012-029 Honorable Robert E. James Chairman, Baldwin County Commission 312 Courthouse Square, Suite 12 Bay Minette, Alabama 36507 County Commissions - Attorneys Fees - Legal Fees - Employees, Employers, Employment - County Funds - Litigation - Investigations The Baldwin County Commission may, in its discretion, pay the legal costs of defending county commissioners and employees during a pending investigation and in litigation if the county commission determines that a proper corporate interest is i 01/23/2012 PDF DOC

2012-028 Honorable Beth Chapman Secretary of State's Office State Capitol - Suite
S-105 600 Dexter Avenue Montgomery, Alabama 36130-4650 Fair Campaign Practices Act - Electronic Records - Political Action Committees - Candidates - Facsimile Transmissions In the 2012 election cycle, Act 2011-687 ("Act") provides that principal campaign committees and political action committees that receive $10,000 or less per election cycle and principal campaign committees and political action committees that are r 01/20/2012 PDF DOC

2012-027 Honorable Douglas Albert Valeska District Attorney's Office Post Office Box 1632 Dothan, Alabama 36302 Rules of Criminal Procedure - Warrants - District Attorneys - Service of Process and Summons - Fines - Penalties - Notices - Houston County A court in a criminal case may issue a warrant for the arrest of the defendant for the failure to appear at a hearing to show cause for the failure to pay a fine after notice of the hearing has been mailed to the defendant's last known address. Subje 01/20/2012 PDF DOC

2012-026 Honorable Timothy B. McCool Attorney for Pickens County Sheriff Post Office Box 270 Carrollton, Alabama 35447 Sheriffs - Contracts - Inmates - Transportation There is no statutory authority for the sheriff to transport prisoners charged with crimes in other states to and from those states. Dear Mr. McCool: This opinion of the Attorney General is issued in response to your request on behalf of the Sheriff of Pickens County. QUESTION May the Sheriff of Pickens County subcontract wi 01/20/2012 PDF DOC

2012-025 Honorable L. Jayson Carroll Attorney, Town of Fyffe Post Office Box 399 404 Main Street East Rainsville, Alabama 35986 Public Works Law - Contracts - Exemptions - Municipalities - Competitive Bid Law - Change Orders - Purchasing - Grants - DeKalb County Based upon the facts presented, the Town of Fyffe may enter into a change order that allows the town to use the remaining surplus funds from a grant/local match to purchase additional grinder pumps to be installed by employees of the sewer  01/18/2012 PDF DOC

2012-024 Honorable Regina B. Edwards Attorney, City of Wetumpka 109 East Bridge Street Wetumpka, Alabama 36092 Municipalities - Roads, Highways, and Bridges - Vacation - Streets - Rules and Regulations - Elmore County A municipality has the inherent power to impose reasonable regulations to control traffic and the use of its streets. Based upon this power, a municipality may develop and open a street to pedestrian traffic only. Dear Ms. Edwards: This opinion of the Attorney General is issued in 01/06/2012 PDF DOC

2012-023 Honorable Claud E. McCoy, Jr. Attorney, Chambers County Johnson, Caldwell & McCoy 117 North Lanier Avenue, Suite 201 Lanett, Alabama 36863 Library Taxes - Fees - Collections - Ad Valorem Taxes - Act No. 2010-442 Act 2010-442 was ratified on November 2, 2010, and took effect on October 1, 2011. Thus, the Chambers County Probate Judge and Chambers County Revenue Commissioner should no longer collect an assessment and/or collection fee in regards to the library two mil ad valorem tax for the 01/04/2012 PDF DOC
« Last Edit: September 03, 2012, 02:50:30 PM by Treborfoot »

1911

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #39 on: September 02, 2012, 12:54:21 PM »
I'm of the understanding the Chief will ask for permission to ask for an AG opinion at the next council meeting concerning long guns.  He realizes he can't regulate pistols. I'm going to the next meeting Tuesday and will have a report and pics then. I hear that some have called for the Chief to go as he's the one who came up with this crap. I'm hoping and have it on good report all of it's gone. The citizens have almost revolted from what I hear and are attending the council meetings in high numbers.  I'll have much more next week.

If someone will show him 11-80-11 he will realixe he can't regulate long guns either. Then if he reads both 11-45-1.1 and 11-80-11 back to back he'll understand he/the cuty/the county can't make any gun law at all provided he passed at 4th or 5th grade english.

And why does he need to ask permission to get an AG opinion. Does the city have to pay for that service from the AG's office?
It's better to be judged by twelve than carried by six.
 
Alcohol, tobacco and firearms should be a convenience store not a government agency.

FTG-05

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #40 on: September 03, 2012, 12:55:27 PM »
AGR was not able to get on the agenda tonight but several "good" guys showed up and they knew what it was for. However this silly ordinance will be on the agenda next meeting. An officer or 2 learned about OC but our guys asserted that it wasn't about OC or CC it was about the City not following State law.  Flyers were handed out to everyone there including the Officers.  A good day for AGR.  This isn't just about Gun rights it's about freedom and following the law. Curt said he told them over and over that was the deal. The Chief of Police there agreed that the ordinance was bad and that OC was indeed legal.   ;D

Uh oh, Eddie's on the case; I almost pity the poor bastards....... ;D
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Eddie Fulmer

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #41 on: September 03, 2012, 01:22:22 PM »
I wish I could take credit for this one but the truth is Curtis Self is DA MAN on this justice.  I helped him  a little along way, very little, but he did his homework and called the shots with great results. I'm going tomorrow night, Tuesday Sept, 4,2012 to show up at the council meeting.  I'll have more after that. Imagine the City Leaders saying their sorry but they didn't know they were breaking the law.  ;D

Eddie Fulmer

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #42 on: September 03, 2012, 08:46:48 PM »
Here's the article in the Hamilton Newspaper. The last one is the editorial.

1911

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #43 on: September 03, 2012, 11:19:05 PM »
They just don't get it do they. Regardless of how much they don't like it the city does NOT have the authority to stop law abiding citizens from carrying guns on the public property of the city or to stop every citizen and check to see if they are "law abiding" or not.
It's better to be judged by twelve than carried by six.
 
Alcohol, tobacco and firearms should be a convenience store not a government agency.

oc_jon

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Re: Hamilton Alabama City Ordinance #2011-22
« Reply #44 on: September 04, 2012, 03:09:43 AM »
No, they don't seem to get it... But it is suspended and I doubt they will find a way around it. So it's good news.   :dance   BTW the second half of the editorial was a good read.   ;)
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. - Benjamin Franklin

 


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