Davis v. Alabama Education Ass'n

92 So. 3d 737, 2012 WL 975492, 2012 Ala. LEXIS 35
CourtSupreme Court of Alabama
DecidedMarch 23, 2012
Docket1091745
StatusPublished
Cited by5 cases

This text of 92 So. 3d 737 (Davis v. Alabama Education Ass'n) 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
Davis v. Alabama Education Ass'n, 92 So. 3d 737, 2012 WL 975492, 2012 Ala. LEXIS 35 (Ala. 2012).

Opinion

MURDOCK, Justice.

The State Director of Finance, Marquita Davis (“the finance director”),1 and the State Comptroller, Thomas L. White, Jr. (“the comptroller”),2 appeal from a prelim[739]*739inary injunction entered by the Montgomery Circuit Court in response to a declaratory-judgment action brought by the Alabama Education Association (“the AEA”); Alabama Voice of Teachers for Education, a political-action committee affiliated with the AEA (“A-VOTE”); the Alabama State Employees Association (“the ASEA”); and the State Employees Association Political Action Committee, a political-action committee affiliated with the ASEA (“SEA-PAC”). We vacate the injunction and remand the case for the circuit court to dismiss the action.

I. Statement of Facts

Employees of the State of Alabama are paid through the office of the comptroller. Subject to certain conditions, § 36-1-4.8, Ala.Code 1975, provides that the comptroller may make deductions from the salary of a State employee upon the employee’s request. Specifically, § 36-l-4.3(a), Ala. Code 1975, provides:

“The state Comptroller shall adopt statewide policies which provide for deductions from the salaries of state employees or groups of state employees whenever a request is presented to the state Comptroller by a group of participating state employees equal in number to at least 200 provided, however, that deductions being made as of April 23, 1985, shall continue to be made. The deductions shall be made at least monthly and shall be remitted to the appropriate company, association, or organization as specified by the employees. The deductions may be made for membership dues, and voluntary contributions, and insurance premiums. Any deduction provided under the provisions of this section may be terminated upon two months’ notice in writing by a state employee to the appropriate company, association, or organization and to the appropriate payroll clerk or other appropriate officials as specified by the state Comptroller.”

Section 36-1^1.4, Ala.Code 1975, prescribes other procedures relating to the salary deductions authorized in § 36-1-4.3:

“The policies adopted by the state Comptroller for deductions from the salaries of state employees or groups of state employees for employee organizations shall provide that the deductions for membership dues and voluntary contributions shall be made based on membership lists and forms provided by the employees’ organization. Such lists are to be corrected and revised annually according to procedures to be established by the state Comptroller. Membership dues and voluntary contributions currently authorized shall continue on an annual basis for the current yearly period and for each succeeding yearly period unless the employee revokes the deduction in writing within 10 days of the next succeeding yearly period. Voluntary contributions may be revoked by giving a 30-day notice in- writing. New authorizations shall be permitted on a monthly basis according to procedures to be established by the state Comptroller. Upon leaving state service whether by death, retirement, termination, resignation, leave of absence or other means, payroll deduction of dues and authorized voluntary deductions shall cease. When an employee returns to state service from an approved leave of absence or other temporary leave, payroll deductions and voluntary contributions shall resume unless the employee revokes the deductions in writing. When amounts have been correctly deducted and remitted by the state Comptroller, the state Comptroller shall bear no further responsibility or liability for subsequent transactions.”

[740]*740On July 1, 2010, the comptroller implemented a new policy regarding salary deductions. Under this new policy, the comptroller stopped executing salary deductions designated for contributions to SEA-PAC; the comptroller continued making deductions designated for the payment of dues to the ASEA. Likewise, the comptroller stopped executing salary deductions to a political-action committee affiliated with the Alabama State Troopers Association. Portions of an employee’s salary no longer deducted as a result of this policy change were included in the employee’s paychecks.

The comptroller’s change in the manner of executing salary deductions caused the AEA to inquire of the comptroller whether a similar policy change in deductions would be made as to the salaries of State employees who elected to have contributions deducted for the benefit of the AEA. In conjunction -with this inquiry, the comptroller was made aware that a portion of the deductions then being made for the benefit of the AEA were in turn contributed by the AEA to A-VOTE. Because the comptroller could not ascertain what portion of the deductions-designated for the AEA were passed on to A-VOTE,. the comptroller ceased executing all salary deductions designated for the AEA on September 1, 2010.

The comptroller based the aforesaid changes in the manner of executing salary deductions on his interpretation of the provisions in §§ 36-12-61 and 17-17-5, Ala. Code 1975. Section 36-12-61, Ala.Code 1975, provides:

“It shall be unlawful for any officer or employee of the State of Alabama to use or to permit to be used any state-owned property of any character or description, including stationery, stamps, office equipment, office supplies, automobiles or any other property used by him, in his custody or under his control for the promotion or advancement of the interest of any candidate for the nomination or election to any public office of the State of Alabama.”

As then codified, § 17-17-5, Ala.Code 1975, provided in part that “[n]o person in the employment of the State of Alabama ... shall use any state ... funds, property, or time, for any political activities.”3

On September 10, 2010, the AEA and A-VOTE filed a complaint against the finance director and the comptroller in the Montgomery Circuit Court seeking a judgment declaring that deductions designated for the AEA that benefited A-VOTE were not prohibited by law and seeking a permanent injunction to force the comptroller to resume the previous practice of executing salary deductions designated for the AEA. Simultaneously, the AEA and A-VOTE filed a motion for a preliminary injunction or restraining order. On September 13, 2010, the ASEA and SEA-PAC filed a motion to intervene as plaintiffs in the action. The circuit court set a hearing on the motion for a preliminary injunction for the following day.

On September 14, 2010, before the hearing, the finance director and the comptroller filed a motion to dismiss the action for lack of subject-matter jurisdiction. At the outset of the hearing, counsel for the finance director and the comptroller explained that the AEA had informed the comptroller what portion of requested salary deductions reflected amounts to be forwarded to A-VOTE as contributions. Counsel for the finance director and the comptroller stated that, based on that newly received information, the comptroller [741]*741would resume (and he subsequently did resume) as of October 1, 2010, salary deductions for the AEA in an amount that excluded the portion of those deductions that otherwise would be passed on to A-VOTE.

During the September 14 hearing, counsel for the plaintiffs argued at length concerning the meaning of the above-described statutes.

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144 So. 3d 265 (Supreme Court of Alabama, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
92 So. 3d 737, 2012 WL 975492, 2012 Ala. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-alabama-education-assn-ala-2012.