MURDOCK, Justice.
The State Director of Finance, Marquita Davis ("the finance director"),
Employees of the State of Alabama are paid through the office of the comptroller. Subject to certain conditions, § 36-1-4.3, Ala.Code 1975, provides that the comptroller may make deductions from the salary of a State employee upon the employee's request. Specifically, § 36-1-4.3(a), Ala. Code 1975, provides:
Section 36-1-4.4, Ala.Code 1975, prescribes other procedures relating to the salary deductions authorized in § 36-1-4.3:
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:
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."
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
During the September 14 hearing, counsel for the plaintiffs argued at length concerning the meaning of the above-described statutes. The finance director and the comptroller called a witness to testify on their behalf. The plaintiffs submitted two affidavits from the executive director of the AEA, Paul Hubbert. Among other things, Hubbert testified that, after § 36-1-4.3 was enacted in 1985, the comptroller received authorization from State employees for salary deductions for dues and contributions to A-VOTE and remitted the amounts collected pursuant to those authorizations to the AEA consistently from that time until the comptroller stopped executing the deductions in September 2010. Following the hearing, the circuit court denied the finance director and the comptroller's motion to dismiss the action; it granted the motion to intervene filed by the ASEA and SEA-PAC.
On September 15, 2010, the ASEA and SEA-PAC filed their complaint in intervention in which they, like the AEA and A-VOTE, requested a judgment declaring the deductions for SEA-PAC legal and injunctive relief from the comptroller's change in the manner of executing State employees' salary deductions for SEA-PAC. On the same date, the circuit court entered a preliminary injunction requiring that the finance director and the comptroller
The circuit court ruled that, without the preliminary injunction, the plaintiffs would suffer irreparable harm through the actions of the finance director and the comptroller because "the Plaintiffs will not be receiving the funds that their members have sought to have deducted and forwarded to the Plaintiffs. This will, furthermore, irreparably diminish Plaintiff A-VOTE's, and Intervening Plaintiff SEA-PAC's, ability to pursue their lawful goals in the near future." The circuit court cited the doctrine of sovereign immunity, which it stated would prohibit monetary recovery by the plaintiffs, and the fact that it was then an election year as further evidence of the irreparable nature of the harm.
The circuit court concluded that the plaintiffs had demonstrated a likelihood of success on the merits through
The following day the finance director and the comptroller filed a notice of appeal of the circuit court's preliminary injunction. The finance director and the comptroller also filed in the circuit court a motion to stay the preliminary injunction pending resolution of the appeal. In support of the motion, the finance director and the comptroller filed an affidavit from the comptroller describing the attending risks of revising payroll data for employee contributions at the end of the fiscal year because it would require a substantial amount of other data adjustments. On September 17, 2010, the circuit court denied the motion to stay.
The finance director and the comptroller renewed in this Court their motion for a stay of the preliminary injunction pending the resolution of the appeal. They also requested immediate relief from the preliminary injunction to prevent the risk of interference with the completion of fiscal-year-end tasks. The finance director and the comptroller also moved for a stay of all proceedings in the circuit court and requested expedited review of the appeal. The following day, the plaintiffs filed responses to the finance director and the comptroller's motions. On September 24, 2010, through a supplemental filing, the finance director and the comptroller informed this Court that the October 1, 2010, payroll for applicable State employees would include salary deductions for A-VOTE and SEA-PAC in compliance with the preliminary injunction but that such compliance did not constitute an abandonment of the appeal.
On October 15, 2010, this Court granted in part and denied in part the finance director and the comptroller's motion to stay the preliminary injunction. This Court stayed that portion of the circuit court's order that "requir[ed] the Comptroller to deduct contributions to a political action committee pursuant to an employee's request for such payment." This Court denied a stay of that portion of the circuit court's order that "requir[ed] the Comptroller to deduct dues of the AEA and the ASEA pursuant to an employee's request."
Subsequently, in a special session, the legislature enacted, and the governor signed into law on December 20, 2010, Act No. 2010-761, Ala. Acts 2010 ("the Act"). The Act amended § 17-17-5, Ala.Code 1975, to explicitly state as follows:
The Act became effective on March 20, 2011. Act No. 2010-761, § 4.
Following the legislature's amendment of § 17-17-5, the AEA and A-VOTE filed with this Court a motion to vacate the preliminary injunction that had been entered by the circuit court and to remand this case to the circuit court to allow the AEA and A-VOTE an opportunity to file with that court a motion to dismiss the action without prejudice. In their motion, the AEA and A-VOTE argued that "the landscape of the dispute between the parties has changed substantially" with the passage of the Act and that there were "potential issues of mootness, as well as many other potential issues that could arise" from the passage of the Act. The AEA and A-VOTE stated that, as a result of the passage of the Act, they "no longer wish[ed] to pursue this civil action." They argued that this Court's vacating the circuit court's preliminary injunction and remanding the action so that the plaintiffs could file a motion to dismiss the action without prejudice would "keep the Court and the parties from having to address potentially complex and disputed arguments about [the Act] at this time." On December 27, 2010, the ASEA and SEA-PAC filed with this Court a joinder in the December 23, 2010, motion of the AEA and A-VOTE. On January 10, 2011, the finance director and the comptroller filed a written opposition to the plaintiffs' motion in which, among other things, they rejected the suggestion that the order of the circuit court should be vacated and the case remanded based on the "potential issues of mootness" argument made by the plaintiffs.
On March 8, 2011, the finance director and the comptroller notified this Court that on February 25, 2011, the plaintiffs had filed in the United States District Court for the Northern District of Alabama an action against the governor, the finance director, the comptroller, and other defendants ("the federal-court defendants")
On April 5, 2011, the Eleventh Circuit Court of Appeals entered an order denying the motion to stay the federal district court's preliminary injunction insofar as it prohibited the implementation of the Act. The Eleventh Circuit granted a stay, however, of the portion of the preliminary injunction that required the federal-court defendants to honor employee requests for salary deductions designated for the AEA that represented contributions to A-VOTE. The Eleventh Circuit noted that, before the enactment of the Act, the comptroller, based on preexisting Alabama law, already had ceased executing salary deductions from applicable State employees' paychecks that represented contributions to political-action committees. In particular, the Eleventh Circuit noted:
Thus, the Eleventh Circuit upheld the federal district court's preliminary injunction of the implementation of the Act, except that it stayed the injunction
On December 27, 2011, the Eleventh Circuit Court of Appeals filed with this Court certified questions pertaining to the Act in relation to the constitutional challenge filed by the AEA and A-VOTE, which query has been docketed as case no. 1110413.
On January 25, 2012, the finance director and the comptroller filed a motion to consolidate this case with case no. 1110413 on the ground that "the facial validity of [the Act is] at stake in both cases, there is likely substantial overlap between the issues raised by AEA's submission of [the Act] to this Court in No. 1091745 and the questions due to be considered in No. 1110413."
On February 1, 2012, the AEA and A-VOTE filed a response in opposition to the motion to consolidate in which they asserted that the constitutional claims made in the federal action concern only the new Act. Thus, argue the AEA and A-VOTE, those claims and the federal action "are entirely distinct from the question at issue in this appeal, which concerns the proper interpretation of § 17-17-5 as it existed before [the Act] became law." (Emphasis added.)
Also on January 25, 2012, the finance director and the comptroller filed what they styled a "Renewed Motion for Stay" of the preliminary injunction in which they requested that, based upon the Act, this Court expand the stay it had issued on October 15, 2010. The motion characterized the previous stay granted by this Court as one permitting the comptroller to refuse salary deductions that were directly contributed to political-action committees. The finance director and the comptroller assert that the comptroller also may refuse salary deductions designated for dues to organizations that contribute a portion of the deducted moneys to political-action committees associated with those organizations. On February 1, 2012, the AEA and A-VOTE filed a response in opposition to the renewed motion for a stay.
As to questions of fact, the ore tenus rule is applicable in preliminary-injunction proceedings. See Water Works & Sewer Bd. of Birmingham v. Inland Lake Invs., LLC, 31 So.3d 686, 689-90 (Ala. 2009). As this Court noted in Holiday Isle, LLC v. Adkins, 12 So.3d 1173, 1176 (Ala.2008), however,
(Emphasis omitted.)
As noted, we have before us a motion from the plaintiffs to vacate the circuit court's preliminary injunction and to remand the case to provide the plaintiffs an opportunity to file a motion requesting the circuit court to dismiss the action without prejudice. When the plaintiffs filed this motion, their action was not moot. Although the legislature had enacted the Act and it had been signed by the governor, it was not immediately effective. Perhaps recognizing that their claims based on the meaning of Alabama's previous statutory scheme were not moot at the time they filed their motion, the plaintiffs' motion stated, in pertinent part:
(Emphasis added.)
Among other things, the finance director and the comptroller cite this Court's decisions in Barber v. Cornerstone Community Outreach, Inc., 42 So.3d 65, 77-78 (Ala. 2009), and Chapman v. Gooden, 974 So.2d 972, 989 (Ala.2007), and oppose the plaintiffs' motion on the ground that allowing a party who prevailed in the trial court to render an appeal moot simply by expressing a desire to no longer pursue an action raises the specter of manipulation of the court process. In Cornerstone, this Court stated:
Cornerstone, 42 So.3d at 72-74.
We do not find it necessary at this juncture to further consider the plaintiffs' motion to dismiss or the application of our holding in Cornerstone to this case. As noted, the plaintiffs' claims in this case are based on Alabama's statutory scheme as it existed before the effective date of the Act and, in particular, seek judicial approval of their interpretation of that statutory scheme. The Act, however, became effective on March 20, 2011, and by its terms now clearly prohibits the comptroller from executing salary deductions that contribute directly or indirectly to political-action committees. No claims are made in the present lawsuit seeking the return of any
Whether former § 17-17-5 prohibited salary deductions for contributions to political-action committees is an abstract question, because the former statute is no longer effective law. As this Court stated in Underwood v. Alabama State Board of Education, 39 So.3d 120, 129 (Ala.2009), "`[a] case is moot when there is no real controversy and it seeks to determine an abstract question which does not rest on existing facts or rights'" (quoting State ex rel. Eagerton v. Corwin, 359 So.2d 767, 769 (Ala.1977) (emphasis omitted)). See also, e.g., King v. Campbell, 988 So.2d 969, 976 (Ala.2007) ("`We have held that if an event happening after hearing and decree in circuit court, but before appeal is taken, or pending appeal, makes determination of the appeal unnecessary or renders it clearly impossible for the appellate court to grant effectual relief, the appeal will be dismissed.'" (quoting Morrison v. Mullins, 275 Ala. 258, 259, 154 So.2d 16, 18 (1963))).
The finance director and the comptroller also make certain arguments concerning the circuit court's jurisdiction over this action and contend that we should address those various arguments before reaching the issue of mootness.
King v. Campbell, 988 So.2d at 976 (quoting Mills v. Green, 159 U.S. 651, 653, 16 S.Ct. 132, 40 L.Ed. 293 (1895)).
Similarly, the fact that the constitutionality of the Act has been challenged by the AEA and A-VOTE in federal court does not alter our holding today. The possibility that the Act will be declared unconstitutional at some time in the future is merely that — a possibility. The constitutionality of the Act is not a question that has been presented to us in the present case. To act on such a possibility would require speculation on our part, in conflict with the general principle that "acts of the legislature are presumed constitutional." State ex rel. King v. Morton, 955 So.2d 1012, 1017 (Ala.2006).
Because this action is moot as a result of a change in the law, it follows that the basis for the circuit court's preliminary injunction no longer exists.
Wilkinson v. State ex rel. Morgan, 396 So.2d 86, 89 (Ala.1981) (quoting 42 Am. Jur.2d Injunctions § 334 (1969)). Therefore, the injunction is due to be vacated.
The claims presented by the plaintiffs in their action seeking declaratory and injunctive relief are now moot. Therefore, we vacate the circuit court's preliminary-injunction order and remand the case for the circuit court to dismiss the action.
ORDER VACATED AND CASE REMANDED WITH INSTRUCTIONS.
WOODALL, STUART, PARKER, and WISE, JJ., concur.
MALONE, C.J., recuses himself.
"[t]here is a well established exception to the mootness doctrine allowing courts to reach the ultimate issue even if it has become moot `where "a broad public interest is involved."' Slawson v. Alabama Forestry Comm'n, 631 So.2d 953, 957 (Ala.1994) (quoting Payne v. J.T.N., 568 So.2d 830, 831 (Ala.Civ.App.1990))....
Underwood, 39 So.3d at 130 (quoting Chapman v. Gooden, 974 So.2d 972, 989 (Ala.2007) (emphasis omitted)). Although the issue of what salary deductions are legally permissible may well be a question of public interest, an authoritative resolution of that question in relation to the previous statutory scheme governing such deductions would offer no guidance to public officials on how to act in the future. Also, with the enactment of the Act and the superseding of former § 17-17-5, we cannot conclude that that question is likely to recur. We see no basis, in other words, for expending judicial resources on an examination of the questions raised in the complaint based on the public-interest exception to the mootness doctrine.