HALE v. RANDOLPH COUNTY COM'N

Civ. 3305-X.

423 So.2d 893 (1982)

Kathy HALE, Ricky Fincher, Carey Holloway, Eddy Ware, and Howard McCain, Jr. v. RANDOLPH COUNTY COMMISSION; Harry Murphy, as member of the Randolph County Commission; Calvin Shipp, as member of the Randolph County Commission; Jim Tom Willingham, as member of the Randolph County Commission; Fred McCain, as member of the Randolph County Commission.

Court of Civil Appeals of Alabama.

December 8, 1982.


Attorney(s) appearing for the Case

S. Sanford Holliday, Wedowee, for appellants.

John A. Tinney, Roanoke, for appellees.


BRADLEY, Judge.

The issue in the instant case can be stated in a simple and direct fashion: can the Randolph County Commission, in the face of a statute authorizing overtime pay for deputy sheriffs, limit the number of overtime hours worked to emergency situations? We conclude that the answer is in the negative.

On May 28, 1981 the Alabama legislature passed Act No. 81-868, which provides in pertinent part:

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