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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45-10A-20
Section 45-10A-20 Election of council members. (a) Any law, whether special, local, or general,
or municipal ordinance, to the contrary notwithstanding, pursuant to Civil Action No. 87-T-1174-N,
U.S. District Court for the Middle District Northern Division Federal Court Order, the City
of Centre in Cherokee County, shall not designate by place number, or by other similar method,
seats for city council. (b) The City Council of the City of Centre, Alabama, shall consist
of seven members elected at large, without designated or numbered places. In the election
of members of the city council, the seven candidates receiving the greatest number of votes
shall be elected to the council. There shall be no run-off election and in the event of a
tie vote, the winner shall be selected by a majority vote of the newly elected mayor and council.
(c) In the election for members of the city council, each qualified voter is authorized to
cast as many as seven votes. Such voter may cast these seven votes...
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45-23A-21
Section 45-23A-21 City council. (a) Notwithstanding any law, whether special, local, general,
or municipal ordinance, to the contrary, pursuant to Civil Action No. 85-T-1332-N, U.S. District
Court for the Middle District Northern Division Federal Court Order, the City of Daleville
in Dale County, shall not designate by place number or by other similar method seats for its
city council. (b) The City Council of the City of Daleville, Alabama, shall consist of five
members elected at large, without designated or numbered places. In the election of members
of the city council, the five candidates receiving the highest number of votes shall be elected
to the council. There shall be no runoff election. In the event of a tie vote for the fifth
highest receiving votes, the winner shall be selected by a majority vote of the newly elected
mayor and council. In the election for members of the city council, each qualified voter shall
be entitled to vote for any number of candidates from one to...
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45-37A-52-51
Section 45-37A-52-51 Statement of candidacy. Any person desiring to become a candidate in any
election for the office of council member may become such candidate by filing in the office
of the judge of probate of the county in which such city is situated, a statement in writing
of such candidacy and an affidavit taken and certified by such judge of probate or by a notary
public that such person is duly qualified to hold the office for which he or she desires to
be a candidate. Such statement shall be filed at least 45 days before the day set for such
election and shall be substantially the following form: State of Alabama, ______ County. I,
the undersigned, being first duly sworn, depose and say that I am a citizen of the City of
______ in the state and county, and reside at ______ in the City of ______, that I desire
to become a candidate for office as a member of the city council, district number ______,
in the City at the election for that office to be held on the ______ day of...
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45-37A-52.02
Section 45-37A-52.02 Call of election. The mayor or other chief executive officer of such city
shall immediately upon receipt of such certificate from the judge of probate, by proclamation,
submit the question of the adoption of the mayor-council form of government for such city,
under this part, at a special election to be held at a time specified in such proclamation,
not less than 40 days and not more than 60 days after the receipt of the certificate from
the judge of probate, unless a general or regular election is to be held within 90 days after
receipt of such certificate, in which event the special election herein provided for shall
be held at the same time as such general or regular 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 60 days after the receipt by the mayor or other chief executive...
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45-37A-52.04
Section 45-37A-52.04 Proposition submitted; form of ballot. At such election 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: "Shall
the mayor-council form of government, as provided by the Mayor-Council Act of 1955, be adopted
for the City of ___? "Yes ___. "No ___." The voter shall mark his or her ballot
with a cross mark before or after the word which expresses his or her choice. No other proposition
shall be submitted to the voters of such city upon this ballot. If voting machines are used
at any voting place in such election, the above proposition may at the discretion of the election
commission or other body or official having charge of the conduct of municipal elections in
such city, be submitted as a separate proposition on voting machines so used. (Acts 1955,
No. 452, p. 1004, §1.05.)...
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45-37A-52.94
Section 45-37A-52.94 Vacancy. Whenever any vacancy in the office of mayor shall occur by reason
of death, resignation, removal, or any other cause, the president of the council shall assume
the duties of the office of mayor effective on the date such vacancy occurs and shall serve
as acting mayor until a new mayor is elected and qualified as hereinafter provided. The acting
mayor shall receive no compensation, expenses, or allowances as a member of the city council
while acting as mayor, but shall receive the same rate of pay and allowances provided for
the mayor whose vacated office he or she fills, and the compensation received for days of
service as acting mayor shall not be counted in determining the maximum annual per diem compensation
permitted council members. While the president of the council is serving as acting mayor he
or she shall not sit with the council or vote on any matters before the council. The election
commission of the city, if there be one, and if not then the...
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45-8A-130.11
Section 45-8A-130.11 Vacancies; appointment from eligible register. Whenever a vacancy exists
in any position in the service of the city, it shall be filled by appointment of one of the
three persons who rank highest on the appropriate eligible register of the board or by transfer
within the service of the city from another position of the same class. However, the ranking
layoff of the same class shall be appointed in every instance. Whenever it is impossible for
the board to certify eligible persons to a vacancy, the board may authorize the appointing
authority to fill the vacancy temporarily pending the establishment of an eligible register.
No such authorization may be given for longer than 120 days, and no such employee shall have
status under this part. All appointments, other than temporary appointments, shall be probationary
for six months from the date of appointments. A probationary subordinate employee may be discharged
by his or her appointing authority for unsatisfactory...
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45-8A-23.002
Section 45-8A-23.002 Call of election by mayor. The mayor or other chief executive officer
of such city 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 city, under this part, at a special election to be held at a time specified in such
proclamation, not less than 40 days and not more than 60 days after the receipt of the certificate
from the judge of probate, unless a general or regular election is to be held within 90 days
after receipt of such certificate, in which event the special election herein provided for
shall be held at the same time as such general or regular election. Should the election not
be called by proclamation within 10 days after receipt of his or her 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 60 days after the receipt by the mayor or...
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45-8A-71.10
Section 45-8A-71.10 Civil service board - Register of persons eligible; examinations; vacancies.
The board shall make and keep a register of all persons eligible and available for appointment
to each class of position in the service of the city. No examination shall be given and no
register kept for positions to be filled by persons designated by the board as laborers. Layoffs
available for re-employment shall be placed at the head of the proper present and subsequent
eligible registers in the inverse order of their terminations. Employees who voluntarily terminate
their services may be granted re-employment status upon proper eligible registers under the
circumstances and in the manner as may be provided for in the rules and regulations of the
board, subject to stipulations of this section concerning layoffs. Persons desiring appointment
may file applications with the board, and the board, from time to time, may conduct examinations
to test the ability of the applicants if requested...
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