11-43D-1
Section 11-43D-1 Cities to which chapter applies; form of ordinance. The governing body of
any Class 5 municipality operating under a United States district court consent decree approved
by the court in the case of Tolbert and Petty vs. the City of Bessemer, Civil Action No. 75-297,
by a majority vote of the members thereof may adopt an ordinance establishing a mayor-council
form of government pursuant to the terms and conditions of this chapter. Any municipality
desiring to adopt a form of government provided for herein shall adopt an ordinance in substantially
the following form: "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _____ AS FOLLOWS: "Section
1. That pursuant to Act 89-750 of the 1989 Regular Session of the Legislature, the mayor-council
form of government pursuant to the United States district court decree agreed to by the parties
and approved by the court on the 18th day of October, 1985, in the case of Tolbert and Petty
vs. the City of Bessemer, under which the...
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45-39A-13.11
Section 45-39A-13.11 Compensation. The compensation of the civil service board shall be one
hundred dollars ($100) per month. The mayor and the city council, or other governing body
of the city shall provide for the salaries and expenses of the civil service board, and shall
provide in the annual budget of all cities coming within this part an estimated appropriation
sufficient to cover the salaries and expenses of the board. (Acts 1947, No. 437, p. 291, §12;
Act 2002-332, p. 902, §1.)...
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11-44C-38
Section 11-44C-38 Divisions of city government; executive directors of divisions; city attorney;
outside counsel. (a) There are hereby created three divisions of city government: public works,
finance, and public safety. Each division may have an executive director appointed by the
mayor with the approval of a vote of five members of the council, who shall be an officer
of the city and shall be responsible for the supervision and control of such officer's jurisdiction.
Said executive director shall not be subject to the city merit system and shall serve at the
pleasure of the mayor; provided, however, each such officer shall be removed from office only
upon recommendation of the mayor and approval of five council members. Upon the first vacancy,
of any nature whatsoever, in the office of police chief or fire chief, the mayor may appoint
the police chief and fire chief, respectively, from outside the said merit system, with the
approval of five members of the council who shall serve at...
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11-44E-93
Section 11-44E-93 Noninterference by mayor or commission with certain duties of city manager;
dealings with administrative service. Neither the mayor, commission nor any of its members
shall direct the employment or removal of any person by the city manager or by any of his
(her) subordinates in the administrative service of the city. Appointments or removals of
employees not subject to a civil service or merit act will be done in conformity with Section
11-44E-92(2). Except for the purposes of inquiry and investigation held in a manner firmly
established by resolution or ordinance in advance of such inquiry and investigation, the commission
and its members shall deal with the administrative service of the city solely through the
city manager, and neither the commission nor any member thereof shall give orders, either
publicly or privately, to any employee under the supervision of the city manager, except in
emergencies. (Acts 1988, No. 88-445, p. 660, §5.04.)...
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11-44C-21
Section 11-44C-21 Powers of council; dealings with officers and employees in administrative
service. All legislative powers of the city, including all powers vested in it by this chapter,
by the laws, general and local, of the state, and by the Code of Alabama 1975, as amended,
and the determination of all matters of legislative policy, shall be vested in the council.
Without limitation of the foregoing, the council shall have power to: (1) Upon recommendation
of the mayor, establish administrative departments and distribute the work of divisions, (2)
Adopt the budget of the city, (3) Authorize the issuance of bonds or warrants, (4) Inquire
into the conduct of any office, department or agency of the city and make investigations as
to municipal affairs, (5) Appoint the members of all boards except the planning commission
and the housing board and the Airport Authority and the Industrial Development Authority,
(6) Succeed to all the powers, rights and privileges conferred upon the former...
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11-44C-93
Section 11-44C-93 Provisions applicable regardless of form of government chosen. It is the
legislative intent of this bill that the following provisions shall apply regardless of which
form of government the majority of the qualified electors voting in the election provided
herein choose: (1) Within 30 days of taking office, the officials of the form of government
chosen shall adopt an ordinance to provide that all appointments made by the mayor, council
or city commission to positions in city government, boards, commissions, agencies, authorities,
or any other organization or entity of the city or to any positions to which said officials
make appointments, shall fairly and equitably reflect the makeup of the total community with
due consideration given to all demographic characteristics of the population. (2) Within 30
days of taking office, the officials of the form of government chosen shall adopt an ordinance
to provide that all contracts or agreements entered into by the city or...
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11-52-15
Section 11-52-15 Municipal planning commission. A Class 6 municipality with a council-manager
form of government may provide by ordinance for the members of the municipal planning commission,
upon the expiration of the current term of office for the current members, to be appointed
by the city council in lieu of appointment in the manner provided in Section 11-52-3; provided
that the mayor or his or her designee shall be a voting member of the planning commission
and the mayor shall appoint all remaining members of the planning commission subject to approval
by the city council. Upon the expiration of the current term of office for the current members
of the municipal planning commission, a member serving on the city council of a Class 6 municipality
with a council-manager form of government or an employee of a Class 6 municipality with a
council-manager form of government may not serve as a member of the municipal planning commission.
(Act 2000-555, p. 1020, §1.)...
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45-37A-52.190
Section 45-37A-52.190 Rights of officers and employees preserved. Nothing in this part, except
as specifically provided, shall affect or impair the rights or privileges of officers or employees
of the city or of any office, department, or agency existing at the time when this part 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 this part, in relation to the personnel, appointment,
ranks, grades, tenure of office, promotion, removal, pension, and retirement rights, civil
rights, or any other rights or privileges of officers or employees of the city or any office,
department, or agency thereof. (Acts 1955, No. 452, p. 1004, §7.01.)...
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11-43B-30
Section 11-43B-30 Purchase of labor services, materials, etc., from elected officials or employees.
Notwithstanding any statute or law to the contrary, any Class 4 municipality which adopts
this form of mayor-council government may legally purchase or lease from any of the elected
officials or employees of such municipality any labor, services, work, materials, equipment,
or supplies under the competitive bidding procedures established by Section 41-16-50 et seq.,
and such elected official or employee may legally sell same to the municipality under those
procedures. The elected official or employee, if he or she proposes to bid, shall not participate
in the decision-making process determining the need for or the purchase of such personal service
or personal property, or in the determination of the successful bidder. The council shall
affirmatively find that the elected official or employee, from whom the purchase is to be
made, is the lowest responsible bidder as required by said...
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45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department may discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal, the mayor shall submit a written notice of the proposed action to the board
for regular status employees and to the city council for department heads and to the employee
giving the reason or reasons for the proposed action. The notice shall state the reasons for
the proposed disciplinary action of suspension without pay, demotion, or dismissal, shall
contain a short and plain statement of the facts showing the reasons for the proposed disciplinary
action, and shall inform the regular status employee that he or she has 10 days to request,
in writing, a pre-disciplinary hearing before the mayor. If the regular status employee fails
to request a pre-disciplinary hearing within 10 days from...
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