MAYOR

Montgomery City Code pt. App. A, ch. 1, art. IV

in effect

Montgomery City Code, App. A, ch. 1, art. IV, § 4.01 Election; term; qualification.

Sec. 4.01. - Election; term; qualification. The first mayor shall be elected at the same election at which the councilmen are elected under the provisions of section 1.07 of article I of this act and shall hold office until the second Tuesday in November of that year ending in an odd number which would give him a term of office most closely approximating four years and until his successor is elected and qualified. The first mayor shall qualify and take office in the manner hereinafter prescribed on the second Monday following the date the election of all nine councilmen is completed or on the second Monday following the election of such mayor whichever last occurs. The regular election for mayor shall be held on the second Tuesday in October of the year during which the term of the first mayor elected hereunder terminates and every four years thereafter. The mayor elected at any such regular election, shall on or before the second Tuesday of November following his election qualify by making oath that he is eligible for said office and will execute the duties of same according to the best of his knowledge and ability. Said oath may be administered by any person authorized to administer an oath under the laws of Alabama. At any election for mayor the candidate receiving the highest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election a majority is not received by any candidate for the office of mayor, then a second election shall be held on the third Tuesday thereafter in the same mode and manner and under the same rules and regulations provided in section 1.07 of article I hereof with respect to the election of the first mayor.

Montgomery City Code, App. A, ch. 1, art. IV, § 4.02 Statement of candidacy.

Sec. 4.02. - Statement of candidacy. Any person desiring to become a candidate at any election for the office of mayor 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, accompanied by a petition signed by one-fourth of one percent of the registered voters of such city endorsing the candidacy of such candidate and by 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/she desires to be a candidate. Such statement shall be filed no earlier than the fourth Tuesday in August and no later than the second Tuesday in September preceding the election, and shall be in 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 said State and County, and reside at _______ in said City of ___________, that I desire to become a candidate for the office of mayor in said city at the election for said office to be held on the day of October next and that I am duly qualified to hold said office if elected thereto and I hereby request that my name be printed upon the official ballot at said election. Signed ___________; Subscribed and sworn to before me by said _______ on this_____ day of________, 19___, and filed in this office for record on said day.___________, Judge of Probate.' Said statement shall be accompanied by a qualifying fee in an amount equal to $300.00 which qualifying fee shall be paid over by the judge of probate to the general fund of the city; provided, however, that if a person desiring to qualify as a candidate cannot afford to pay the qualifying fee he/she may submit, in lieu of said fee, a signed affidavit to that effect accompanied by a petition requesting his/her candidacy signed by not less than one-fourth of one percent of the registered voters qualified to vote in the mayoral election, as determined by the judge of probate. At every such election on ballots to be used by voters shall be printed and prepared by the election commission or other body or official charged by law with the duty of conducting elections and at the expense of said city, and shall contain the names of all candidates directly underneath the words 'For Mayor.' No names shall appear upon said ballot as a candidate for election except the names of such persons as have become candidates according to provision as above set forth; no ballot shall be used at any such election except the official ballot prepared by the election commission or other body or official charged by law with the duty of conducting elections, except that the names of candidates may be suitably placed on voting machines if such machines are used to conduct such election. No primary election shall be held for the nominations of candidates for the office of mayor and candidates shall be nominated only as hereinabove provided. (Acts 1977, p. 1255 (Act No. 713), § 1, Act No. 87-97, p. 103, § 1; Act No. 2001-547, p. 1101, § 1)

Montgomery City Code, App. A, ch. 1, art. IV, § 4.03 Eligibility.

Sec. 4.03. - Eligibility. The mayor shall be a qualified elector of the city, and shall hold no other public office.

Montgomery City Code, App. A, ch. 1, art. IV, § 4.04 Compensation.

Sec. 4.04. - Compensation. Commencing with the 1995 term, the mayor shall receive such salary as the council may, by resolution or ordinance prescribe. Such salary and the manner in which it is to be paid, shall be established by the council. In no event shall the council set the annual salary of the mayor below $50,000.00 or above $95,000.00. The mayor's salary shall be payable in monthly installments at the end of each month, said installments to be paid at the same rate for any portion of the month during which the mayor shall hold office at the rate thus provided. (Act No. 81-835, p. 1484, § 5; Act No. 95-533, p. 1080, § 2)

Montgomery City Code, App. A, ch. 1, art. IV, § 4.05 Vacancy in office of mayor.

Sec. 4.05. - Vacancy in office of mayor. Whenever a 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 councilman while acting as mayor, but he will receive the same rate of pay and allowances provided for the mayor whose vacated office he 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 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 council thereof, shall within five days of the occurrence of a vacancy in the office of the mayor call a special election to fill such vacancy, such election to be held on a Tuesday not less than 30 days and not more than 45 days from the occurrence of such vacancy; provided, however, if a regular or special election is scheduled or required to be held within 90 days after the occurrence of such vacancy but more than 30 days after such occurrence, then the vacancy in the office of mayor will be filled at such regular or special election. Notice of such election shall be given at the expense of the city by one publication at least 18 days in advance of the same in one or more newspapers published in such city. The method, procedure and requirements of qualifying, voting upon determining the successful candidate shall be same as is provided herein relative to the election of the mayor at regular elections, except that statements of candidacy must be filed at least 20 days before the date set for such election. The successor to the mayor chosen at any such election shall qualify for office as soon as practical thereafter, and shall be clothed with and assume the duties, responsibilities and powers of such office immediately upon such qualification and shall hold office for the unexpired term of his predecessor and until his successor is elected and qualified.

Montgomery City Code, App. A, ch. 1, art. IV, § 4.06 Powers and duties.

Sec. 4.06. - Powers and duties. The mayor shall be the head of the administrative branch of the city government. He shall not sit with the council nor shall he have a vote in its proceedings and he shall have the power and duties herein conferred. He shall be responsible for the proper administration of all affairs of the city and, subject to the provisions of any civil service or merit system law applicable to said city and except as otherwise provided herein, he shall have power and shall be required to: (1) Enforce all laws and ordinances; (2) Appoint, with the advice and consent of the council, all department heads as provided in this act. Unless a majority of the council present and voting shall approve of said appointment, the appointment shall not be effective and shall be null and void. When it is necessary for the good of the service, the mayor shall have the authority to remove officers and employees of the city subject to the provisions of the merit system that might be in force at that time. The mayor shall not have the power to appoint or remove officers and employees of: (a) Any library board of the city; (b) Any board of the city having control over any park, recreation facility, fair or exhibit; (c) Any municipally owned public utility, including electric, gas and water systems, while such utility is operating under a board constituted by law or required by the terms of any indenture, mortgage or deed of trust providing for employment by other authority; (d) Any school board of the city; (e) Any planning board or zoning board of the city; (3) Exercise administrative supervision and control over all departments created by this act or by law or hereafter created by the council except those enumerated in items (a) to (e) inclusive of paragraph (2) of this section and except those otherwise given independent status under this act. (4) Keep the council fully advised as to the financial conditions and needs of the city; prepare and submit the budget annually to the council and be responsible for its administration after its adoption; prepare and submit, as of the end of the fiscal year, a complete report on the financial and administrative activities of the city for such year. (5) Recommend to the council such actions as he may deem desirable. (6) Prepare and submit to the council such reports as may be required of him. (7) Perform such other duties as may be prescribed by this act. (8) Fix the salaries or compensations of all officers and employees of the city who are appointable by him, subject to the approval of the council, and to the provisions of any civil service or merit law applicable to the city. (Acts 1975, p. 1358 (Act No. 608))

Montgomery City Code, App. A, ch. 1, art. IV, § 4.07 Administrative departments.

Sec. 4.07. - Administrative departments. There shall be a department of finance, and such other departments as may be established by ordinance upon the recommendation of the mayor.

Montgomery City Code, App. A, ch. 1, art. IV, § 4.08 Directors of departments.

Sec. 4.08. - Directors of departments. At the head of each department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to the mayor. Two or more departments may be headed by the same individual, the mayor may head one or more departments, and directors of departments may also serve as chiefs of divisions.

Montgomery City Code, App. A, ch. 1, art. IV, § 4.09 Departmental divisions.

Sec. 4.09. - Departmental divisions. The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the mayor. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the mayor among specific divisions thereof, the mayor may establish temporary divisions.

Source: City of Montgomery, Alabama, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/al/montgomery/codes/code_of_ordinances?nodeId=APXALOAC_CH1ACNO6181973P.879MAUNFOGO_ARTIVMAFetched: 11/8/2026