Can an elected state representative legally serve as a municipal police chief?

Several attorney general rulings say not.

It’s a question District 5 Rep. Mac McCutcheon, R-Capshaw, and the city of Ardmore must answer before considering him for the successor to long-time Police Chief William “Doc” Oliver.

The joint councils of Ardmore, Ala., and Ardmore, Tenn., will meet on the Tennessee side at 7 p.m. July 6 and choose between the two finalists for the job — McCutcheon and Athens Police Officer David Whitt.

This is not the first time a question about McCutcheon’s candidacy for the job has arisen.

Early in the search, the joint Ardmore councils discussed in April that McCutcheon’s application had come in after the deadline. At the time, Ardmore, Ala. Mayor Ricky Mitchell said McCutcheon was late getting his application in because he was in Montgomery for a legislative session.

Mitchell also said that people he had talked to on the Alabama side of the town split by the state line, did not see a problem with McCutcheon being out of town while the Legislature is in session.

But the question of serving in a paid public position of authority and a paid elected position might be a sticking point neither McCutcheon nor the joint councils of Ardmore can overcome.

McCutcheon said Tuesday he would never attempt to do anything illegal and he has sought an opinion from Alabama Attorney General Troy King.

“Ever since my interview for this job I’ve been looking into it,” said McCutcheon.

Former attorney general Bill Pryor cited the state Constitution in answering a similar Pike County question in1999: “A county commissioner may not continue to serve in the position of county commissioner when he becomes a police chief.”

Pryor wrote in 2002 in answer to an inquiry out of Evegreen that, “A deputy sheriff could not hold office as police chief or as coroner without violating section 280 of the Constitution. A deputy sheriff cannot simultaneously hold the office of coroner and police chief because both are offices of profit.”

Attorney General King wrote in May 2006 in response to a request for an opinion out of Attalla: “A supernumerary circuit clerk may not serve as a supernumerary circuit clerk and as a member of the Legislature at the same time, because both positions are offices of profit.”

“Where I’m at is investigating this further,” said McCutcheon. “In no way would I accept the position if it is illegal. The last thing I would do is endanger public safety of the city of Ardmore or my job in the Legislature.”

McCutcheon began a career in law enforcement when he was hired by the city Ardmore Police Department in the 1970s, he said. He worked for Huntsville Police Department in two separate times, accruing more than 25 years experience in patrol, field training instruction at the police academy and in the investigation division, handling robberies, homicides, domestic violence and other major crimes, as well as in hostage negotiation.

In more recent years he worked as a probation officer attached to Huntsville Municipal Court.

McCutcheon currently works in zoning enforcement for the city of Huntsville while not serving in the Legislature.

“There are also ethical issues involved of being in the Legislature and working for a municipality,” conceded McCutcheon. “There was a double-dipping bill in which the Legislature dealt with those in public education serving in the Legislature, whose members could vote on their pay raises.

“Municipalities are not as mandated by the state government in a direct way. I’m concerned about this. I’ve always tried to be ethical. When not working for the city of Huntsville, I take leave without pay.”

McCutcheon said he hopes to have an answer out of Pryor’s office by early next week; however, it could all be a moot point if the Ardmore joint councils do not offer him the job during the July 6 meeting.