HB366

ENROLLED, An Act,

Relating to Colbert County; to provide for an authorizing referendum in the City of Muscle Shoals regarding the election of the Muscle Shoals City Board of Education; upon approval of the referendum providing for the election and operation of the board of education for the City of Muscle Shoals; providing that the members of the board shall be elected by place number from the city at-large; providing for the selection of a chair and vice chair; providing for the terms of office, qualifications, and compensation of the members; prescribing procedures for electing the members and for filling vacancies on the board; and providing certain transitional provisions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Pursuant to Amendment 659 to the Constitution of Alabama of 1901, the governing body of the City of Muscle Shoals shall call an authorizing referendum election, regarding changing the Muscle Shoals City Board of Education to an elected city board of education, to be held at the same time as the citywide election in August 2020.

(b) If a majority of the qualified electors of the municipality voting in the authorizing referendum election vote in favor of an elected city board of education, the board shall be established as provided in this act, and the Legislature, as provided in Amendment 659, from time to time, by local law may provide further for the election and operation of the Muscle Shoals City Board of Education. The local laws may provide for the termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; compensation; and any other matter that the Legislature determines necessary for the operation of the board.

(c) The question on the ballot shall read as follows: "Do you favor changing the Muscle Shoals City Board of Education from an appointed to an elected board?

"Yes (___) No (____)."

(d) If a majority of the qualified electors of the municipality voting in the authorizing referendum vote against an elected city board of education, the current board shall continue to operate as provided by law and the remaining portions of this act shall have no further effect.

(e) The official charged with conducting municipal elections shall conduct this election. The city shall pay any costs and expenses not otherwise reimbursed by a governmental agency which are incidental to the election. The official shall report the results of the election to the State Board of Education as provided in Amendment 659.

Section 2. If the majority of electors voting pursuant to Section 1 vote in favor of changing to an elected board, an elected board of education for the City of Muscle Shoals shall be established. The board shall be called the Muscle Shoals City Board of Education. The board shall be composed of five members elected from the city at-large by place numbers which correspond to the place numbers used for the election of the members of the city governing body.

Section 3. A member shall be a resident of the City of Muscle Shoals during the entire term of office. If the place numbers used for the election of the members of the city governing body increase, decrease, or otherwise change, the corresponding board of education place numbers shall automatically change correspondingly for the next election of the city board of education.

Section 4. A candidate for each place on the board of education shall be at least 21 years of age, a resident of the City of Muscle Shoals for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of any felony conviction. The qualification fee for the initial election of the members of the board shall be one hundred dollars ($100) for each candidate. Thereafter, each candidate shall pay a qualifying fee in an amount prescribed by the city governing body. The qualifying fee shall be credited to the city general fund.

Section 5. (a) The city governing body shall call a special election to elect the initial members of the board of education in August 2021.

(b) The initial election and the initial runoff election, if necessary, and all subsequent elections held pursuant to this act shall be conducted, the vote canvassed, and the results determined and declared in the same manner as provided for the election of members of the city governing body, unless otherwise required in this act.

(c) The initial elected members of the board of education shall assume office immediately upon the certification of the election results and shall serve initial terms of office of three years. Thereafter, all members of the board shall be elected to serve terms of four years that correspond by place number and duration with the terms of the members of the city governing body. Upon assumption of office of the initial elected members of the board of education, the terms of office of the members of the existing city board of education shall terminate.

(d) Dates for succeeding elections held for the election of the members of the board of education shall correspond with the dates of the elections held for the members of the city governing body.

Section 6. (a) Upon the assumption of office of the initially elected members of the board of education, the Muscle Shoals City Board of Education as provided in this act shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(b)(1) Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11 of Title 16 of the Code of Alabama 1975.

(2) At the first meeting after the initial and each subsequently elected board takes office, the board, by majority vote of those voting, shall select a chair and vice chair from among its members to serve for the duration of the term for which they were elected to the board. The vice chair shall preside over meetings of the board in the absence of the chair.

(3) All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this act.

(c) The establishment of the board of education as provided in this act shall not affect or impair any of the following:

(1) Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

(2) Existing contractual obligations of the board of education.

(3) Existing civil and criminal actions.

Section 7. A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 30 days, the city superintendent of education shall notify the State Superintendent of Education who shall fill the vacancy by appointment. A person filling a vacancy on the board shall be a resident of the City of Muscle Shoals.

Section 8. The compensation for each member of the board of education shall be as established by state law and payable from city school system funds.

Section 9. An annual audit of the financial records of the city school system and of the board of education shall be conducted by a certified public accountant selected by the board. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.

Section 10. The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operation and support of the city school system.

(7) To vote on all matters which come before the board, if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.

Section 11. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Colbert County

Muscle Shoals

Education

Board of Education, City

Elections

Schools

Municipalities