Code of Alabama

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45-37A-52.250
Section 45-37A-52.250 Abandonment of the mayor-council plan. No city may change from the mayor-council
form of government within two years after the adoption thereof. At the end of such period,
or at any time thereafter, the city may change its form of municipal government to: (1) The
form of municipal government applicable to the city prior to its adoption of the mayor-council
form of government, or to (2) The council-manager form of municipal government provided by
Act Number 518 of the 1953 session of the Legislature of Alabama. (3) One of the commission
forms of municipal government provided by Title 37, Alabama Code of 1940, as amended and supplemented.
(Acts 1955, No. 452, p. 1004, §9.01.)...
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11-44E-141
Section 11-44E-141 Continuance of present officers; exercise of powers of abolished agency
by agency designated by commission. All persons holding administrative office at the time
the mayor/commission/city 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 or agency of the city by the laws of the
state shall, if such office, department or agency be abolished by this chapter or under its
authority, be thereafter exercised and discharged by the office, department, or agency designated
by the commission unless otherwise provided herein. (Acts 1988, No. 88-445, p. 660, §8.02.)...

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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-52.06
Section 45-37A-52.06 Election of first council and first mayor; terms of office. Immediately
upon the adoption of such form of government, the judge of probate of the county with whom
the petition was filed shall call an election to be held under and to be governed by this
part not less than 90 days nor more than 120 days after the date of such call, the expense
thereof to be paid by such city, for the election at large of nine council members and a mayor
by the qualified voters of such city. The nine candidates for the council receiving a majority
of the votes cast in the election shall be elected to the council; and in the event that nine
candidates should fail to receive such a majority, then and in that event those candidates
for the council receiving a majority shall be elected, and another election shall be held
upon the same day of the week four weeks thereafter to be called and held in the same mode
and manner and under the same rules and regulations. In the second election...
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11-44E-142
Section 11-44E-142 Continuance of officers and employees holding positions in classified service.
Any person holding an office or position in the classified service of the city under any civil
service or merit system applicable to the city when the mayor/commission/city manager form
of government is adopted shall continue as such officer or employee in the classified service
of the city under the mayor/commission/city manager form of government and with the same status,
rights, and privileges and subject to the same conditions under such applicable civil service
or merit system as if the mayor/commission/city manager form of government had not been adopted.
(Acts 1988, No. 88-445, p. 660, §8.03.)...
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11-43C-81
Section 11-43C-81 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the organization under the mayor-council 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 change to the mayor-council form of government or by anything
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 by or under the provisions of this chapter. (Acts 1987, No. 87-102, p. 116,
§81.)...
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11-44C-81
Section 11-44C-81 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the organization under the mayor-council 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 change to the mayor-council form of government or by anything
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 by or under the provisions of this chapter. (Acts 1985, No. 85-229, p. 96,
§81.)...
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11-44E-167
Section 11-44E-167 Penalties for violations of this chapter; disqualification of candidate.
Any person willfully violating any provisions of this chapter relating to the mayor/commission/city
manager form of government for which penalties have not otherwise been prescribed shall be
guilty of a misdemeanor, and on conviction shall be fined not less than $50.00 nor more than
$500.00 or may be sentenced to hard labor for the county for a term not to exceed six months,
or both. Furthermore, any candidate for the office of commissioner or mayor, shall be disqualified
from holding municipal office for a period of four years from such conviction. (Acts 1988,
No. 88-445, p. 660, §9.08.)...
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45-35A-54.22
Section 45-35A-54.22 Election of mayor or associate commissioner - Statement of candidacy;
eligibility. Any person desiring to become a candidate at any election which may be held under
this part for the office of mayor or associate commissioner may become such candidate by filing
in the office of the mayor or commission of the city, if at the first election of the commission
under this part, or with the commission at any subsequent election, a statement of candidacy,
accompanied by affidavit taken and certified by the mayor or by any member of the commission,
or by a notary public, that such person is duly qualified to hold the office for which he
or she desires to become a candidate. No person shall be eligible for such office unless he
or she is over the age of 21 at the time he or she becomes a candidate, or unless he or she
is qualified to vote in the election at which he or she shall be elected. The statement shall
be filed at least 20 days before the day set for such election,...
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11-44C-4
Section 11-44C-4 Conduct of election; portions of chapter applicable upon choosing form of
government; election expenses. The election shall be held and conducted in accordance with
the provisions of Title 11, except as herein otherwise specifically provided. If the votes
shall be in favor of the court ordered district commission form of government then only the
applicable provisions of this chapter shall thereby be adopted for such city; if the majority
of the votes shall be in favor of the mayor-council form of government, then only the applicable
provisions of this chapter shall thereby be adopted for such city. The expenses of any and
all elections provided for in this chapter shall be paid by the city. (Acts 1985, No. 85-229,
p. 96, §4.)...
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