Adoption of Mayor-Council Form of Government.

Ala. Code tit. 11, tit. 2, ch. 43D

in effect

Ala. Code § 11-43D-1 Cities to Which Chapter Applies; Form of Ordinance.

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 municipality has operated, shall be abandoned on the 1st day of October, 1990. “Section 2. The form of government as described by Act No. 89-750 of the 1989 Regular Session of the Legislature providing for a mayor-council form of government with the mayor and one council member elected at large and six council members from single member districts, is hereby adopted as the form of government for the City of _____ , pursuant to all the terms and conditions contained in said act. “Section 3. This ordinance shall take effect as provided by law, and be implemented pursuant to said Act No. 89-750.” (Acts 1989, No. 89-750, p. 1518, §1.)

Ala. Code § 11-43D-2 Adoption of Ordinance; Elections; Powers and Duties of Mayor and Council.

11-43D-2. Adoption of Ordinance; Elections; Powers and Duties of Mayor and Council. If an ordinance as hereinabove set out be adopted by the governing body of any municipality to which this chapter applies, then: (1) Within 90 days thereafter the governing body shall adopt an ordinance establishing the boundaries of the seven council districts herein provided for and shall take such steps as are necessary to comply with the federal Voting Rights Act of 1965, as amended. (2)a. The election of the mayor and all the members of the city council shall be held as set by ordinance by the council and quadrennially thereafter and in accordance with the provisions and terms of the general election laws governing mayor-council elections under the general laws of the State of Alabama. b. A candidate for each place on the city council or mayor shall be a resident of the district which he or she seeks to represent on the council for at least 365 consecutive days immediately preceding the deadline date for qualifying as a candidate and shall be a qualified elector. (3)a. On the first Monday in October, after the election of the mayor and council, the newly elected mayor and council members shall assume office and the terms, powers, duties, responsibilities, and emoluments of office of the present mayor and governing body shall end. b. Each council member and mayor shall reside in the district which the member represents during the entire term of office. (4) The municipality shall thereafter and as provided in this chapter be governed by a mayor and one council member elected at large and six council members elected from single member districts, which shall have the same powers and duties as other mayor-council municipalities organized under this title, not inconsistent with this chapter, and any other powers and duties not inconsistent with this chapter which may have been theretofore granted to such municipality. (Acts 1989, No. 89-750, p. 1518, §2; Act 2021-215, §1.)

Ala. Code § 11-43D-3 Term of Office.

11-43D-3. Term of Office. The mayor and council members elected hereunder shall serve until the first Monday in October, four years after taking office. (Acts 1989, No. 89-750, p. 1518, §3.)

Ala. Code § 11-43D-4 Election and Referendum Procedure.

11-43D-4. Election and Referendum Procedure. The election and referendum provided for herein shall be conducted, the vote canvassed, and the result declared in the same manner as provided by Chapter 46, Title 11, in respect to other municipal elections conducted in any such municipality. (Acts 1989, No. 89-750, p. 1518, §4.)

Ala. Code § 11-43D-5 Effect of Change of Population; Manner of Reapportionment of Council Districts.

11-43D-5. Effect of Change of Population; Manner of Reapportionment of Council Districts. Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population, or by virtue of a substantial change in the corporate limits, there shall be a reapportionment of the council districts in the manner hereinafter provided: (1) The mayor shall within six months after the publication of each federal census of population for the municipality or within six months after there shall have been any substantial change in the corporate limits of the municipality, file with the council a report containing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications: a. Each district shall be formed of contiguous, and to the extent reasonably possible, compact territory, and its boundary lines shall be the centerlines of streets or other well-defined boundaries; b. Each district shall contain as nearly as is possible the same population, but not more than five percent more or less than the average. (2) The council shall enact a redistricting ordinance within six months after receiving such report. If the council fails to enact the redistricting ordinance within the said six months, the redistricting plan submitted by the mayor shall become effective without enactment by the council, as if it were a duly enacted ordinance. (3) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent member of the council shall be deprived of his unexpired term of office because of such redistricting. (Acts 1989, No. 89-750, p. 1518, §5.)

Ala. Code § 11-43D-6 Rights of Officers and Employees Preserved.

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.)

Ala. Code § 11-43D-7 Continuance in Office of Present Officeholders; Exercise of Powers of Abolished Office, Agency, Etc.

11-43D-7. Continuance in Office of Present Officeholders; Exercise of Powers of Abolished Office, Agency, Etc. All persons holding administrative office at the time the mayor-council 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 law of the state shall, if such office, department, board, or agency be abolished by this chapter, 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 1989, No. 89-750, p. 1518, §7.)

Ala. Code § 11-43D-8 Continuance in Office of Persons Holding Positions in Civil Service.

11-43D-8. Continuance in Office of Persons Holding Positions in Civil Service. Any person holding such an office or position in the civil service of such municipality when the mayor-council form of government shall be adopted shall continue to hold such office in the civil service under the mayor-council form of government and with the same status, rights, and privileges and subject to the same conditions under such applicable civil service system. (Acts 1989, No. 89-750, p. 1518, §8.)

Ala. Code § 11-43D-9 Transfer of Office, Agency, Etc., Records and Property.

11-43D-9. Transfer of Office, Agency, Etc., Records and Property. All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to any other office, department, or agency by this chapter, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency, or part thereof, are by this chapter assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. (Acts 1989, No. 89-750, p. 1518, §9.)

Ala. Code § 11-43D-10 Existing Contracts Continued in Force; Completion of Public Improvements.

11-43D-10. Existing Contracts Continued in Force; Completion of Public Improvements. All contracts entered into by the municipality, or for its benefit, prior to the adoption by such municipality of the mayor-council form of government, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time of the adoption of the mayor-council form of government shall be carried to completion in accordance with the provisions of such existing laws. (Acts 1989, No. 89-750, p. 1518, §10.)

Ala. Code § 11-43D-11 Pending Legal Action and Proceedings.

11-43D-11. Pending Legal Action and Proceedings. No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the municipality or any office, department, board, or agency or officer thereof, shall be affected or abated by the adoption of the mayor-council form of government or by anything therein contained in this chapter. (Acts 1989, No. 89-750, p. 1518, §11.)

Ala. Code § 11-43D-12 Continuance of Laws Relating to Pensions, Retirement, and Relief Funds.

11-43D-12. Continuance of Laws Relating to Pensions, Retirement, and Relief Funds. All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and be in effect with respect to the municipality at the time when it shall elect to be governed by the provisions of this chapter, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder. (Acts 1989, No. 89-750, p. 1518, §12.)

Ala. Code § 11-43D-13 Continuance of Laws Relating to Boards, Etc.

11-43D-13. Continuance of Laws Relating to Boards, Etc. All laws relating to the school board, library board, airport authority, planning and zoning commission, zoning board of adjustment, park or recreation board, and any municipally owned service enterprise, and any board, authority, or agency given such independent status, as the same may apply and be in effect at the time when the municipality shall elect to be governed by the provisions of this chapter, shall continue in full force and effect and without interruption or change as to the establishment or conduct of any such authority, board or agency, until otherwise provided by law. (Acts 1989, No. 89-750, p. 1518, §13.)

Ala. Code § 11-43D-14 Powers and Duties of Mayor; Employment of Clerical Assistant for the Council.

11-43D-14. Powers and Duties of Mayor; Employment of Clerical Assistant for the Council. (a) The mayor shall be the chief executive officer and shall have general supervision and control of all other officers, employees, and affairs of the city, which shall include the management of the public utilities, either owned and operated by the city or operated by private corporations under contracts with the city. The general law applicable to mayor-council municipalities notwithstanding, the mayor may appoint all officers and employees of the city subject to the rules of any civil service or merit system that may be applicable to the city. The mayor may remove any person appointed by him or her subject to the rules of any civil service or merit system that may be applicable to the city. (b) Notwithstanding subsection (a), the city council, by ordinance, may provide for the appointment of a clerical assistant for members of the council who may be employed without regard to the civil service or merit system of the city. The clerical assistant shall serve at the pleasure of the council. (Acts 1989, No. 89-750, p. 1518, §14; Act 2021-269, §1.)

Ala. Code § 11-43D-15 Noninterference of Council with Administrative Service.

11-43D-15. Noninterference of Council with Administrative Service. Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position by the mayor or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the mayor and neither the council nor any member thereof may give orders to any subordinates of the mayor, either publicly or privately. (Acts 1989, No. 89-750, p. 1518, §15.)

Ala. Code § 11-43D-16 Administrative Assistants.

11-43D-16. Administrative Assistants. Upon the request of the mayor, the council may establish not more than two positions of administrative assistants to the mayor and establish the salary for said positions. Once established, the mayor shall appoint a person or persons to hold said position or positions. These positions shall not be subject to the rules and regulations of any civil service or merit system applicable to said city. (Acts 1989, No. 89-750, p. 1518, §16.)

Ala. Code § 11-43D-17 Appointment of Accountant; Examination of All Books and Accounts; Compensation.

11-43D-17. Appointment of Accountant; Examination of All Books and Accounts; Compensation. The mayor, at least once a year, shall appoint a certified public accountant or the Department of Examiners of Public Accounts to conduct an examination in accordance with generally accepted auditing standards of all books and accounts of the city since the preceding examination and to make a full report thereof in writing, under oath, to be submitted to the council at its first meeting after the completion of such report, and the same shall be spread upon the minutes of the council. For his services, said certified public accountant or the Department of Examiners of Public Accounts shall be paid such sum as may be agreed upon. (Acts 1989, No. 89-750, p. 1518, §17.)

Ala. Code § 11-43D-18 Establishment of Salaries for Mayor and Council.

11-43D-18. Establishment of Salaries for Mayor and Council. The salary of the first mayor and council elected hereunder shall be established by the commission at least six months prior to the mayor and council taking office. Such salary, and the manner in which it is to be paid, shall be established by ordinance of the governing body. The salary of all mayors and council members serving the city after the first mayor and council shall be established as provided by general law applicable to mayor-council municipalities. Notwithstanding any of the provisions of this chapter, the mayor and council members shall be reimbursed for approved expenses incurred in the performance of their duties. (Acts 1989, No. 89-750, p. 1518, §18.)

Ala. Code § 11-43D-19 President and President Pro Tem of Council.

11-43D-19. President and President Pro Tem of Council. The council shall elect one of its members to serve as president of the council. The president shall preside at meetings of the council and have a vote on all matters coming before the council. The council shall also elect a president pro tem, who shall act as president of the council during the absence or disability of the president. (Acts 1989, No. 89-750, p. 1518, §19.)

Ala. Code § 11-43D-20 Notice of Council Meetings; Mayor’s Rights in Council Meetings.

11-43D-20. Notice of Council Meetings; Mayor’s Rights in Council Meetings. The mayor shall be given notice of all council meetings and shall have the privilege of attending the meetings of the council and of taking part in the deliberations thereof. The mayor shall not have the right to vote on any matter that is presented to the council. (Acts 1989, No. 89-750, p. 1518, §20.)

Ala. Code § 11-43D-21 Temporary Absence or Disability of Mayor; Filling Vacancies.

11-43D-21. Temporary Absence or Disability of Mayor; Filling Vacancies. (a) In the case of absences of the mayor from the city or his inability to serve on account of sickness or any other good reason, the president of the council or president pro tem of the council, in case of absence or disability of the president of the council, shall act as mayor pro tempore with the power and authority of the mayor during such time. In the event of a failure or refusal of the president of the council or the president pro tempore to act, the council may appoint one of its members to act as mayor pro tempore with like effect which appointment shall be entered in the minutes of the council. (b) In the event of a vacancy from any cause in the office of the mayor, council member-at-large, or council members from a district, the council shall call for an election to fill said vacancy which shall be called and held not less than 30 nor more than 60 days from the occurrence of said vacancy. Notice of said election and the time of holding the same shall be given by one publication at least 15 days in advance of the same in one or more newspapers in said city at the expense of the city. The person chosen at said election shall qualify as speedily as possible after election. Upon notice of the vacancy in the office of mayor, the president of the council shall serve as mayor pro tempore with the power and authority of the mayor during such time and until the election of the mayor. This ordinance shall become effective upon its due adoption and publication as required by law. (c) In the event of a vacancy from any cause in the office of the mayor, council member-at-large, or council member from a district and said vacancy shall occur within six months of a regularly scheduled election for the purpose of electing the council members and the mayor, the said vacancy shall be filled by the council in accordance with the laws of the State of Alabama. (Acts 1989, No. 89-750, p. 1518, §21.)

Ala. Code § 11-43D-22 Continuance of Ordinances and Resolutions.

11-43D-22. Continuance of Ordinances and Resolutions. All ordinances and resolutions of the municipality in effect at the time of adoption of the mayor-council form of government herein set up shall continue in effect unless and until changed or repealed by the council. (Acts 1989, No. 89-750, p. 1518, §22.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026