11-44G-1
Section 11-44G-1 Procedures in event of vacancy - City council. (a)(1) A vacancy in the office
of city council member in any Class 7 or Class 8 municipality shall be filled by the city
council at the next regular meeting or any subsequent meeting of the council. The person elected
shall hold office for the unexpired term. In the event a vacancy is not filled within 60 days
after it occurs in a Class 7 or Class 8 municipality, each existing city council member, including
the mayor, may submit a name to the Governor for appointment. If the Governor fails to make
an appointment from any submitted names within 90 days after the vacancy occurs, the judge
of probate shall call a special election to fill the vacancy. (2) In the event the Governor
is unable or unwilling to make the appointment within the time period provided, he or she
shall immediately notify the judge of probate of the county. (3) Any election called pursuant
to this section shall be conducted pursuant to Chapter 46 of this...
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45-37A-52.251
Section 45-37A-52.251 Petition for change of form of government. Such change, however, shall
first be initiated by petition and submitted to a vote of the qualified electors at an election
and shall receive at such election a majority of the votes yes or in favor thereof in the
same manner and subject to the same requirements as provided in Sections 45-37A-52.01 to 45-37A-52.04,
inclusive, except that the proposition on the ballot shall be changed to reflect the proposed
form of municipal government to be submitted to the vote of the qualified electors. The officers
and members of the governing body of such newly adopted form of municipal government shall
be elected as soon as may be under the provisions of law applicable thereto; and upon their
election and qualification for office the term of office of all members of the council under
the mayor-council form of government shall terminate. (Acts 1955, No. 452, p. 1004, §9.02.)...

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11-43A-114
Section 11-43A-114 Referendum ballots. At such referendum, the proposition to be submitted
shall be printed in plain prominent type on ballots separate and distinct from ballots used
for any other office or question and shall read as follows: "Check one of the following:
(1) The City of ___ shall adopt and operate under the council-manager form of government pursuant
to the 'Council-Manager Act of 1991.' Yes ( ). or (2) The City of ___ shall adopt and operate
under the mayor-council form of government pursuant to Section 11-43-1 et seq. Yes ( )."
The voter shall mark his ballot with a cross mark (X) after the proposition which expresses
his choice. If voting machines are used at any voting place in such election, the above propositions
may, at the discretion of the election commission or other body or official having charge
of the conduct of municipal elections, be submitted as separate propositions on voting machines
so used. (Acts 1991, No. 91-545, p. 973, §45.)...
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11-43A-3
Section 11-43A-3 Submission of question for election; proclamation of mayor; order of judge
of probate. The mayor or other chief executive officer of such municipality shall immediately
upon receipt of such certificate from the judge of probate, by proclamation, submit the question
of the adoption of the council-manager form of government for such municipality under this
article, at a special election to be held at a time specified in such proclamation, not less
than 40 days nor more than 90 days after the receipt of said certificate from said judge of
probate, unless a general election is to be held within 120 days after receipt of such certificate
in which event the special election herein provided for may be held at the same time as such
general election. Should the election not be called by proclamation within 10 days after receipt
of the certificate, the judge of probate shall call such election by order at a time specified
therein but not less than 40 days and not more than 90...
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11-44E-146
Section 11-44E-146 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the adoption of the mayor/commission/city manager form of
government, brought by or against the city or any office, department, or agency or officer
thereof, shall be affected or abated by the adoption of the mayor/commission/city manager
form of government or by anything herein contained in this chapter; but all such actions or
proceedings may be continued notwithstanding that functions, powers, and duties of any office,
department, or agency, or officer party thereto may by or under this chapter be assigned or
transferred to another office, department, or agency or officer, but in that event the same
may be prosecuted or defended by the head of the office, department, or agency to which such
functions, powers, and duties have been assigned or transferred under this chapter. (Acts
1988, No. 88-445, p. 660, §8.07; Acts 1989, No. 89-525.)...
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45-37A-52.07
Section 45-37A-52.07 The council. The council members provided for in this article shall be
known collectively as the Council of the City of ___ (Name of city to be inserted) and shall
have the powers and duties hereinafter provided. The council members first elected shall qualify
and take office in the manner hereinafter prescribed on the second Monday following the date
the election of all nine council members is completed, and thereupon such city shall at that
time and thereby be and become organized under the mayor-council form of government provided
under this part, and shall thereafter be governed by this part. (Acts 1955, No. 452, p. 1004,
§1.08.)...
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45-37A-52.199
Section 45-37A-52.199 When part takes effect. For the purpose of nominating and electing members
of the council and the mayor, this part shall become applicable to any city adopting the mayor-council
form of government upon the filing of the certificate of adoption by the judge of probate
with the mayor or other chief executive office of the city as provided for in Section 45-37A-52.05.
For all other purposes this part shall become applicable to the city at the time when the
first council of such city elected under the provisions hereof takes office and qualifies.
(Acts 1955, No. 452, p. 1004, §7.10.)...
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11-43D-6
Section 11-43D-6 Rights of officers and employees preserved. Nothing contained in this chapter,
except as specifically provided, shall affect or impair the rights or privileges of officers
or employees of the municipality or any office, department, board, or agency existing at the
time when this chapter shall take effect, or any provision of law in force at the time when
the mayor-council form of government shall be adopted and not inconsistent with the provisions
of this chapter, in relation to the personnel, appointment, ranks, grades, tenure of office,
promotion, removal, pension, officers, or employees of the municipality or any office, department,
board, or agency thereof. (Acts 1989, No. 89-750, p. 1518, §6.)...
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11-43A-18
Section 11-43A-18 Appointment of city manager; temporary acting city manager; removal; dealings
with administrative service. The council, by a majority vote of the whole qualified membership
of the council, shall appoint a city manager, who shall be an officer of the city, and shall
have the powers to perform the duties in this article provided. No councilman shall receive
such appointment during the term for which the council member shall have been elected nor
within one year after expiration of the term. Any civil service act applicable to the municipality
shall not apply to the appointment or the removal of the city manager. A temporary acting
city manager may be designated by the council to serve for not more than four months in these
events, but only in these events: (1) When the first council takes office after adoption of
this article or (2) following the removal of any permanent city manager. Such temporary acting
city manager shall perform the duties and assume the obligations...
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11-43A-35
Section 11-43A-35 Continuation in office of persons holding administrative office until contrary
provision is made; transfer of powers and duties of abolished offices, etc. All persons holding
administrative office at the time the council-manager form of government is adopted shall
continue in office and in the performance of their duties until provision shall have been
made in accordance therewith for the performance of such duties or the discontinuance of such
office. The powers conferred and the duties imposed upon any office, department, board, or
agency of the municipality by the laws of the state shall, if such office, department, board,
or agency, be abolished by this article, or under its authority, be thereafter exercised and
discharged by the office, department, board, or agency designated by the council unless otherwise
provided herein. (Acts 1982, No. 82-517, p. 851, §34.)...
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