Belcher v. McKinney

333 So. 2d 136
CourtSupreme Court of Alabama
DecidedMay 21, 1976
StatusPublished
Cited by12 cases

This text of 333 So. 2d 136 (Belcher v. McKinney) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belcher v. McKinney, 333 So. 2d 136 (Ala. 1976).

Opinion

333 So.2d 136 (1976)

Raymond BELCHER
v.
Hiram Y. McKINNEY et al., as Members of the Personnel Board of Jefferson County, Alabama, and James W. Fields, as Acting Director of Personnel of Jefferson County, Alabama.

SC 1665.

Supreme Court of Alabama.

May 21, 1976.
Rehearing Denied June 18, 1976.

*138 James M. Fullan, Jr., Birmingham, for appellant.

W. Gerald Stone, Bessemer, for appellees.

SHORES, Justice.

Belcher, chief deputy sheriff in Jefferson County, filed a bill for declaratory judgment and mandatory injunction seeking to uphold the constitutionality of Act No. 389, Acts of Alabama 1975, approved September 18, 1975, and seeking to require the Personnel Board of Jefferson County to comply with that act. The trial court dismissed the complaint after finding Act No. 389 to be unconstitutional. Belcher appealed.

The Act in question provides compensation for the chief deputy sheriff in counties having populations of "... 600,000 or more, according to the most recent federal decennial census." The compensation is to be no less "... than three pay grades above the highest pay grade, including educational incentive pay, in the classified service of the county of the position next below the position of chief deputy sheriff, provided such chief deputy sheriff holds a law degree." The Act operates retroactively to January 1, 1975.

The trial court concluded:

(1) The Act, § 2, contains a double classification—providing one pay rate for chief deputies who hold a law degree and another for those chief deputies who do not (in those counties with the requisite population) ;

(2) that Act No. 389 is a local act and was not advertised pursuant to the requirements of § 106, Article 4, of the Alabama Constitution;

(3) that the population classification bore no relation to the purpose of the Act, i. e., to reward a chief deputy for holding a law degree;

(4) that a chief deputy is not required in Jefferson County, "nor does it appear that one would be required ..." in those counties which may come within the classification in the future;

(5) that the chief deputy sheriff is not a public officer, that this is merely a "position" and that the "... Civil Service Law, Section 656, Appendix, Code of Alabama, Recompiled 1958, requires the Director of Personnel, subject to the approval of the Personnel Board, to grade, classify and establish salaries ..." in such position;

(6) that the Act would repeal the Civil Service Law, which the legislature clearly did not intend to do;

(7) that the Act is void for inconsistency, vagueness and uncertainty—it provides for but does not define educational incentive pay, and it leaves doubt as to whether *139 a law degree must be from an accredited or unaccredited law school; and

(8) the provisions for retroactive pay is violative of Sections 68 and 94 of the Alabama Constitution.

The appellant submits:

(1) That a county of over 600,000 in population has particularly severe crime problems by virtue of its large population;

(2) that, therefore, it is especially desirable to have a chief deputy in such a county with a law degree to aid in solving the problems peculiar to such a county;

(3) that the double classification condemned in Jefferson County Board of Health v. City of Bessemer, 293 Ala. 237, 301 So.2d 551 (1974), refers to double classification only in terms of population;

(4) that any problem of conflict with Act No. 389 and the Civil Service Law is taken care of by Section 4 of Act No. 389:

"All laws or parts of laws which conflict with this act are hereby repealed.";

(5) that the provision providing for educational incentive pay is clear;

(6) that the question of whether the law school conferring the degree is accredited or not is immaterial; and

(7) that Amendment II to the Alabama Constitution permits retroactive pay in this instance.

Is Act 389 a general law or a local law as defined by Section 110 of the Alabama Constitution? If the Act is local then it is void, as the appellant concedes, since Section 106 of the Constitution was not complied with.

Reynolds v. Collier, 204 Ala. 38, 85 So. 465 (1920), set out three tests that an act, based on a population classification, must meet to be a general act: (1) There must be a substantial difference in population; (2) the classification must be made in good faith; and (3) the classification must be reasonably related to the purpose sought to be achieved by the act. The first requirement operates only in the context of a classification that is not openended. Opinion of the Justices, 263 Ala. 174, 81 So.2d 699 (1955). In applying the second part of the test, we must "... accord to the lawmaking body of the state government sincerity of purpose and fairness in dealing with the people of the state." Wages v. State, 225 Ala. 2, 4, 141 So. 707, 708 (1932). We find nothing to suggest that the classification in this act was not made in good faith, nor that the legislature was not sincere in its purpose in passing this act. The third requirement of Reynolds is a central issue in this case.

The appellees insist that no relationship exists between the population criteria set out in this act and the purpose of the act. We cannot agree. Although our law requires state-wide uniformity in substantive criminal law, census legislation concerning the administration of criminal justice has been upheld. Dixon v. State, 27 Ala.App. 64, 167 So. 340, cert denied, 232 Ala. 150, 167 So. 349 (1936). The Dixon opinion adopted the opinion of the trial court in that case, which observed:

"`... It is a fact known of all men who have reached their maturity and who have enjoyed the general experience common to mankind that populous centers are the central nurseries and hotbeds of crime....'" (27 Ala. App. at 68, 167 So. at 343)

Concededly, as we noted in Jefferson County Board of Health v. City of Bessemer, supra, 293 Ala. at 242, 301 So.2d at 555, "... our holdings do not present an altogether clear standard for determining whether a logical relationship exists between the classification employed and the purposes of the act," but can we say that the act in the instant case is not based upon a rational relationship? See Dearborn v. Johnson, 234 Ala. 84, 88, 173 *140 So. 864 (1937). We think not. Of course, we are aided by the presumption that the legislature made an informed judgment as to the need in employing this classification. Wages v. State, supra. We hold that the requirements set out in Reynolds have been met.

Nevertheless, there may be, and we are urged to find, other infirmities which may be fatal to the statute. The appellees observe that Act 389 applies only to "`counties having populations of 600,000 or more according to the most recent federal decennial census ...,'" which forever limits its application to Jefferson County. We may, of course, take judicial notice of the fact that the Act is presently applicable only to Jefferson County. Masters v. Pruce, 290 Ala. 56, 274 So.2d 33 (1973). However, this alone does not compel the conclusion that the Act is a local one. Brittain v. Weatherly, 281 Ala. 683, 207 So.2d 667 (1968). Still, for the Act to be a "general" law it must have application to a shifting class. In other words, there must exist a possibility of application to other counties which may come within the classification fixed by the statute.

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Bluebook (online)
333 So. 2d 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belcher-v-mckinney-ala-1976.