Ex parte Clinton A. Sherrell. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: Blount County Commission v. Clinton A. Sherrell) (Blount Circuit Court: CV-02-454; Civil Appeals : 2090266). Writ Quashed. No Opinion.
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SUPREME COURT OF ALABAMA
SPECIAL TERM, 2011
Ex parte Clinton A. Sherrell
PETITION FOR WRIT OF CERTIORARI
TO THE COURT OF CIVIL APPEALS
(In re: Blount County Commission
Clinton A. Sherrell)
(Blount Circuit Court, CV-02-454;
Court of Civil Appeals, 2090266)
WRIT QUASHED. NO OPINION.
Woodall, Bolin, Parker, Murdock, and Shaw, JJ., concur.
Malone, C.J., and Stuart, J., concur specially.
Wise, J., dissents.
STUART, Justice (concurring specially).
I concur in the decision to quash the writ of certiorari
previously issued and to uphold the Court of Civil Appeals'
reversal of the trial court's judgment; however, I do not
agree with the rationale given by the Court of Civil Appeals
trial court's judgment.
Comm'n v. Sherrell, [Ms. 2090266, June 25, 2010] ___
___ (Ala. Civ. App. 2010).
Specifically, I do not agree that
because a deputy sheriff is the alter ego of the sheriff for
purposes of State immunity, a deputy sheriff is the alter ego
of the sheriff for all purposes.
decided on a different basis.
I believe the case should be
Therefore, I agree only with
the result reached by the Court of Civil Appeals.
Section 36-26-36(a), Ala. Code 1975, provides:
"Upon retirement, each employee who acquires sick
leave pursuant to the state Merit System shall
receive payment of 50 percent of his or her accrued
and unused sick leave, not to include escrowed sick
leave as provided herein, at the time of his or her
retirement, and payments for the sick leave shall be
made at the same rate as his or her regular pay, not
to exceed 600 hours."
Sheriff's Office in Blount County are not subject to the State
merit system under a local act applicable to Blount County,
"In the absence of any general law of statewide
application fixing the annual salaries of deputies
of the sheriff, in Blount County, the following
officers and employees in the office of the sheriff
shall receive the following annual salaries in lieu
of all other compensation and allowances .... There
shall be employed in said office such number of
commission and the sheriff may agree are necessary
for the efficient operation of the office. If it is
determined that additional personnel is necessary,
the sheriff may set the salaries of same, subject to
the approval of the county commission. The sheriff
shall be entitled to select his own deputies and
employees and they shall serve at his pleasure. All
salaries herein provided for shall be paid in equal
monthly installments in the same manner as salaries
are paid to other county officers.
prescribed in this section shall be come effective
on the first day of the first month next following
this act becoming law.
Act No. 649, Ala. Acts 1973, § 1.
Because Clinton A. Sherrell, a chief deputy in the Blount
acquire sick leave pursuant to the State merit system, he is
not entitled to payment for unused sick leave under § 36-2636(a), Ala. Code 1975.
For that reason, the decision of the
Blount Circuit Court is due to be reversed.
Malone, C.J., concurs.