HB475 By Representatives Bandy and Forte RFD Local Legislation Rd 1 23-MAR-16

SYNOPSIS: This bill would further provide for the operation of the council-manager form of government in any Class 5 municipality organized under the provisions of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended. The bill, among other things, provides misdemeanor criminal penalties if a member of the council violates provisions relating to dealing with municipal services other than through the city manager, provides for an assistant city manager and a city planner, and allows employment contracts only with the city manager and not department heads.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to any Class 5 municipality organized under the provisions of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended; to amend Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended, to further provide for the operation of the council-manager form of government; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply in any Class 5 municipality organized under the provisions of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended.

Section 2. Sections 1.01, 3.01, 3.10, 3.14, 3.18, 4.03, 4.04, 6.13, and 6.18 of Act 71, 1977 Regular Session (Acts 1977, p. 78), as amended, are amended to read as follows:

"Section 1.01. (a) Cities to which Act applies.—Any city in the State of Alabama, which has a population of not less than 23,000 nor more than 27,000 inhabitants according to the 1970 or any subsequent federal decennial census, may adopt the council-manager form of government by proceeding in the manner hereafter in this Act provided.

"(b) The Legislature finds that the council-manager form of government has been adopted pursuant to this act and is operative in a Class 5 municipality. It is the intent of this act to further provide for the council-manager form of government under this act.

"Section 3.01. (a) Number, election, term.—The council shall have five members with two elected at-large by all of the voters of the city and three elected from districts by voters within each district, the council elected in the manner prescribed in Section 1.07 of this Act. An election of councilmen shall be held on the first Tuesday in September every three years the date provided by general law. Each councilman shall hold office for three years terms as provided by general law, but shall serve until his or her successor shall have qualified. A councilman may succeed himself or herself in office. Each of the three district councilmen shall reside within the limits of his or her district during the term of his or her office and if any district councilman shall remove from within the limits of his or her district for 60 consecutive days his or her office shall become vacant.

"(b) Any member of the council shall attain Basic Certified Municipal Officials Certification through the Alabama League of Municipalities within 30 months of taking office.

"Section 3.10. Council not to interfere in appointments or removals.

"(a) Neither the council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the city manager or by any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

"(b) Any council member who violates subsection (a) shall be punished as follows:

"(1) On the first offense, upon conviction, the council member shall be guilty of a Class B misdemeanor punishable as provided by law.

"(2) Upon conviction of a second offense, the council member shall be guilty of a Class A misdemeanor punishable as provided by law.

"(c) Any complaint regarding a violation of subsection (a) shall be referred by the city manager and city attorney to the district attorney for investigation.

"Section 3.14. Induction of council into office; meetings of council.—The first meeting of each newly elected council for induction into office shall be held at ten o'clock in the morning on the first Monday in October November next following its election, after which the council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. All meetings of the council shall be open to the public.

"Section 3.18. Granting of franchises.—No Subject to any state law applicable to all municipalities or any federal law that provides otherwise, no resolution or ordinance, granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public property of the City, either in, under, upon, along, through, or over same shall take effect and be enforced until thirty days after the final enactment of same by the council and publication of said the resolution or ordinance in full once a week for three consecutive weeks in some newspaper published in said the City, which publication shall be made at the expense of the persons, firm, or corporation applying for said the grant. Pending the passage of any such resolution or ordinance or during the time intervening between its final passage, and the expiration of the thirty days during which publication shall be made as above provided, the legally qualified voters of said the City may, by written petition or petitions addressed to said the council object to such grant, and if during such period such written petition or petitions signed by at least five percent (5%) of the legally qualified voters of the City shall be filed with said the council, said the council shall forthwith order an election, which shall be conducted by the election commission of the City or other body having charge of the conduct of municipal elections of the City at which election the legally qualified voters of said the City shall vote for or against the proposed grant. In the call for said the election, the said the resolution or ordinance making such grant shall be published one time at length and in full at the expense of the City in a newspaper published in said the City. If a majority of the votes cast at such election shall be against the proposed grant, then and in those events, said the resolution or ordinance shall not become effective nor shall it confer any rights, powers, or privileges of any kind; otherwise, said the resolution or ordinance and said the grant shall thereupon become effective as fully and to the same extent as if said the election had not been called or held. If, as the result of said the election, said the resolution or ordinance shall be disapproved, then it shall be deemed null and void. But if as a result of said the election the proposed grant shall be approved, the council shall adopt a resolution stating the fact of such approval, and such resolution shall, without further proceedings or advertisement, operate as the adoption of the proposed grant. No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over the streets, public highways, thoroughfares, or public property of any such City, shall be made or given nor shall any such rights of any kind whatever be conferred upon any person, firm, or corporation, except by a resolution or ordinance duly passed by the council at some regular or adjourned meeting and published as above provided for in this section; nor shall any extension or enlargement of any such rights or powers previously granted be made or given except in the manner and subject to all conditions herein provided for as to the original grant of same. It is expressly provided, however, that the provisions of this section shall not apply to the grant of side track or switching privileges to any railroad or street car company for the purpose of reaching and affording railway connections, and switch privileges to the owners or users of any industrial plant, store, or warehouse; provided further that said the side track or switch shall not extend for a greater distance than one thousand, three hundred twenty feet, measured along said the track or switch.

"Section 3.20. Examination of books and publication of accounts.—The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the City, and a summary of its proceedings during the preceding month. At the end of each year, the council shall cause a full and complete examination of all the books and accounts of the City to be made by a qualified public accountant, and shall cause the result of such examination to be placed in the office of the city clerk and the office of the city manager, to be open for inspection by all persons. Such examination shall not be made more than two four years in succession by the same accountant or firm.

"Section 4.03. The assistant city manager. Absence of city manager.-To There shall be employed an assistant city manager. The assistant city manager shall perform his the duties of the city manager during his the temporary absence or temporary disability, the manager may designate by letter filed with the city clerk a qualified administrative officer of the city. In the event of failure of the manager to make such designation, the of the city manager. The council may by resolution appoint a qualified administrative officer of the City to perform the duties of the city manager until he shall return or his disability shall cease in the event of the temporary absence of the city manager and the assistant city manager.

"Section 4.04. Administrative department departments.-(a) There shall be a department of finance, and such other departments as may be established by ordinance upon the recommendation of the manager. In addition, the position of city planner shall be established.

"(b) Prior to any employee disciplinary action, the city manager shall consult with the city attorney if possible.

"(c) The council may enter into an employment contract only with the city manager. Any other department head shall receive a six month severance package if the department head is removed without cause.

"Section 6.13. Competitive bidding.-Before the city makes any purchase of supplies, materials or equipment, costing $1,500 or more, ample opportunity shall be given for competitive bidding, under such rulesand regulations, and with such exceptions, as the council may prescribe by ordinance; provided, however, that the council shall not except individual purchases or sales from the requirement of competitive bidding.All rules relating to a competitive bidding adopted by the council shall meet the minimum requirements of Title 41 of the Code of Alabama 1975.

"Section 6.14. Contracts for city improvements.-Any city improvement costing more than $1,500 shall be executed by contract. All such contracts for more than $1,500 shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city manager shall have the power to reject all bids and advertise again. Alterations of any contract may be made when authorized by the council upon the written recommendation of the city manager. The council shall adopt standards for competitive bids under this act. All standards shall meet the minimum requirements of Title 41 of the Code of Alabama 1975."

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. With the exception of the amendment of Section 3.10. Council not to interfere in appointments or removals, which shall be effective commencing on the next term of office of the city council, the remainder of this act shall be effective immediately upon its approval by the Governor, or its otherwise becoming law.

Municipalities

Class 5 Municipalities

Phenix City

Russell County

Lee County

Acts Amended