Mayor.

Ala. Code tit. 11, tit. 2, ch. 44E, art. 4

in effect

Ala. Code § 11-44E-70 Election; Term; Qualification.

11-44E-70. Election; Term; Qualification. The mayor shall be elected at the same election at which commissioners for Districts 1, 3, and 5 are elected under the provisions of Article 3 of this chapter and shall hold office for four years. The mayor shall be elected at large. The mayor shall qualify and take office in the manner hereinafter prescribed on the first Monday in October following his (her) election. The regular election for mayor shall be held on the second Tuesday of July, 1993, and every four years thereafter. The mayor elected at any such regular election shall on or before the first Monday in October following his (her) election make oath that he (she) is eligible for said office and will execute the duties of same according to the best of his (her) knowledge and ability. At any election for mayor the candidate receiving a majority of votes for the office shall be elected thereto. If at the first election a majority is not received by any candidate for the office of mayor, the two candidates receiving the highest number of votes shall be declared eligible for a second (run-off) election to be held on the second Tuesday next thereafter following the first election. (Acts 1988, No. 88-445, p. 660, §4.01; Acts 1988, 1st Ex. Sess., No. 88-331, p. 293, §4; Acts 1990, No. 90-287, p. 379, §1.)

Ala. Code § 11-44E-71 Statement of Candidacy.

11-44E-71. 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 city clerk a statement in writing of such candidacy, accompanied by a petition signed by a minimum of 100 registered voters of such city endorsing the candidacy of such candidate and an affidavit taken and certified by such city clerk 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 by 5:00 p.m. on the fourth Tuesday in June preceding the day set for such 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 _____ 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 ________; Sworn to and subscribed before me by said _____ on this _____ day of _____, 2__, and filed in this office for record on said day _____, City Clerk.” Said statement shall be accompanied by a qualifying fee in the amount equal to $300.00 which qualifying fee shall be paid over by the city clerk to the general fund of the city. Any person may file with the city clerk, a verified pauper’s oath that he (she) does not have the financial resources to pay a qualifying fee and thereupon shall be exempt from filing such fee. No names shall appear upon said ballot as a candidate for election except the names of such persons as have become candidates according to provisions of this chapter. (Acts 1988, No. 88-445, p. 660, §4.02; Acts 1988, 1st Sp. Sess., No. 88-831, p. 293, §5; Act 2011-252, p. 450, §1.)

Ala. Code § 11-44E-72 Eligibility of Candidates.

11-44E-72. Eligibility of Candidates. The candidates for office of mayor shall have been qualified electors of the city for at least one year prior to qualifying, shall be at least 19 years of age, and shall hold no other public office, except that of notary public or a member of the National Guard, Naval or Military Reserve, or the city commission. The candidates for mayor shall reside in any district within the city. (Acts 1988, No. 88-445, p. 660, §4.03.)

Ala. Code § 11-44E-73 Compensation; Increase or Decrease of Compensation; Bond.

11-44E-73. Compensation; Increase or Decrease of Compensation; Bond. The compensation of the mayor elected during the first election held under the terms of this chapter shall be the sum of $42,000.00 per annum. The fees, salary, or compensation of the mayor whose election is authorized by this chapter shall not be increased or diminished during the term for which he (she) shall be elected provided, however, that the commission shall have authority and power to adjust such fees, salaries, or compensation for the succeeding term. The mayor shall be bonded in the minimum amount of $50,000.00, and such additional amount as the commission may determine, if any. Such bond will be at the expense of the city. (Acts 1988, No. 88-445, p. 660, §4.04; Acts 1990, No. 90-287, p. 379, §1.)

Ala. Code § 11-44E-74 Vacancy in Office of Mayor; Acting Mayor; Special Election; Qualification, Duties, and Term of Successor.

11-44E-74. Vacancy in Office of Mayor; Acting Mayor; Special Election; Qualification, Duties, and Term of Successor. Whenever a vacancy in the office of mayor shall occur by reason of death, resignation, removal, or any other cause, including physical or mental incapacity, the senior member of the commission based on consecutive time in service as commissioner shall serve as acting mayor until an acting mayor is selected by the commission. An acting mayor shall be selected by a majority vote of the commission and shall assume the duties of the office of mayor effective on the date selected 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 commissioner while acting as mayor, but shall receive the same rate of pay and allowances provided for the mayor whose vacated office the acting mayor fills. The election commission of the city, if there be one, and if not then the commission thereof, shall within five days of the occurrence of a vacancy in the office of mayor call a special election to fill the vacancy, the election to be held on a Tuesday not less than 30 days and not more than 60 days from the occurrence of the vacancy. Notwithstanding the foregoing, if a regular or special election is scheduled or required to be held within 90 days after the occurrence of the vacancy but more than 30 days after the occurrence, then the vacancy in the office of mayor will be filled at the regular or special election. Notice of the election shall be given at the expense of the city by one publication at least 18 days in advance of the election in one or more newspapers published in the city. The method, procedure, and requirements of qualifying, voting upon, and determining the successful candidate shall be the 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 qualification and shall hold office for the unexpired term of the predecessor and until a successor is elected and qualified. (Acts 1988, No. 88-445, p. 660, §4.05; Acts 1990, No. 90-287, p. 379, §1; Act 2003-387, §1.)

Ala. Code § 11-44E-75 Powers and Duties of Mayor.

11-44E-75. Powers and Duties of Mayor. The mayor shall have the following powers and duties: (1) To serve as the presiding officer of the commission. (2) To vote and have the same privileges as any member of the commission. (3) To represent the city in ceremonial functions. (4) To serve as chief executive officer. (5) To develop the basic objectives and policies of the city in conjunction with the commission and with the advice of the city manager. (6) To insure that adequate plans for the future development and growth of the city are prepared; participate in the preparation; and periodically present such plans for general review and approval by the commission; and present such proposals to the commission for review and approval. (7) To plan in conjunction with the commission for the development of resources within the city and maintain programs which will encourage successful future management of the city. (8) To succeed to all powers, rights, and privileges conferred upon the mayor of the city by statutes and laws of Alabama in effect at the time of adoption by the city of the mayor/commission/city manager form of government and not in conflict with this chapter. (9) To designate the mayor pro-tem in the temporary absence of the mayor. (10) With commission approval, to take such steps as may be necessary to protect and enhance the city’s fiscal posture. (11) To develop proposed rules of procedure for consideration by the commission. (Acts 1988, No. 88-445, p. 660, §4.06; Acts 1990, No. 90-287, p. 379, §1.)

Ala. Code § 11-44E-76 Payment of All Funds.

11-44E-76. Payment of All Funds. The payment of all funds shall be by checks or warrants signed by the city clerk and countersigned by the mayor, provided, however, a facsimile thereof may be used for such signing. During the absence of the mayor from the corporate limits of the city, and necessity therefore arising, checks or warrants may be countersigned by the mayor pro-tem designated by the mayor to act in his (her) stead. All such disbursements shall be authorized by resolution of the commission. (Acts 1988, No. 88-445, p. 660, §4.07.)

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