Montgomery City Code pt. App. A, ch. 3, art. II — ACT NO. 796 OF 1971 (p. 1530), BOARD OF EDUCATION | Code of Ordinances of the City of Montgomery, Alabama (Supp. No. 27: codified through Ordinance No. 4-2026, enacted March 5, 2026) — City of Montgomery

Montgomery City Code, App. A, ch. 3, art. II, § 1 Replacement of present boards; composition; election of members; vacancies.

Sec. 1. - Replacement of present boards; composition; election of members; vacancies. (a) Boards of education in all cities having populations of not less than 70,000 nor more than 300,000 according to the 1970 or any subsequent federal decennial census are hereby abolished, effective at midnight on the last Tuesday in September in the year 1972, and replaced with the boards of education as herein provided for. Said boards shall have all the powers, duties, rights and immunities otherwise provided by law for city boards of education in the State of Alabama. (b) The members of the board of education of all cities having populations of not less than 70,000 nor more than 300,000 according to the 1970 or any subsequent federal decennial census shall be elected in the year 1972 and every four years thereafter. The boards of education of such cities shall consist of five places, and such places shall be designated and numbered as follows, to-wit: Member, Board of Education, Place No. 1; Member, Board of Education, Place No. 2; Member, Board of Education, Place No. 3; Member, Board of Education, Place No. 4; Member, Board of Education, Place No. 5. A person seeking election and qualifying as a candidate for election as a member of said board shall designate by number the place on such board for which he is a candidate, and it shall be so stated on the ballot. (c) All members of the boards of education herein provided for shall be elected from the city at large, and no person shall be a candidate or be permitted to file his statement of candidacy for more than one of such places. No ballot shall be counted for any candidate except for the place or number for which he announced in his statement of candidacy. The city governing body shall provide for the holding of elections authorized herein and for the payment of the expenses of such elections. (d) Members of the boards of education of cities covered by this act shall be elected on the first Tuesday next after Labor Day in the year 1972. Any candidate who receives a majority of all votes cast for all candidates seeking election to the position for which he is a candidate shall be declared elected to that position. In the event no candidate receives a majority of all of the votes cast for any one or more positions on the board of education, the governing body of the city shall order a second or run-off election to be held on the last Tuesday in September following, at which election the two candidates receiving the most votes for the office in the first election shall be the candidates, and the person receiving the highest number of votes in the second or run-off election shall be declared elected. In the event of a tie vote between the candidates in such run-off election, the then serving governing body of the city shall immediately decide the election by majority vote. (e) The method and dates for qualifying as a candidate for city boards of education provided for hereunder and the conduct of elections hereunder shall be the same as other municipal elections in the same cities, except that each candidate shall pay a qualifying fee of $50.00. (f) Members of any boards of education elected hereunder shall take office on the first Monday in October in the year of their election. (g) Candidates for boards of education shall be qualified electors in the city in which they seek election and shall in no way be subject to the authority of the board. (h) In the event of a vacancy in the membership of a board of education subject to the provisions of this act the city council or commission shall, by majority vote, elect a person to fill such vacancy for the unexpired term. (Acts 1975, p. 2286 (Act No. 1162), § 1)

Montgomery City Code, App. A, ch. 3, art. II, § 2 Compensation.

Sec. 2. - Compensation. Each member of the board of education elected under the provisions of this act shall receive compensation of $100.00 per month paid from the city school fund in the manner provided for paying compensation out of such school funds.

Montgomery City Code, App. A, ch. 3, art. II, § 3 Relevant law.

Sec. 3. - Relevant law. Except as herein provided the board of education of all cities hereby affected shall in all respects be governed by the general law relative to city boards of education.

Montgomery City Code, App. A, ch. 3, art. II, § 4 Applicability.

Sec. 4. - Applicability. This act shall not apply to any municipality in a county in which there is only one board of education.

Montgomery City Code, App. A, ch. 3, art. II, § 5 Approval by voters.

Sec. 5. - Approval by voters. The substantive provisions of this act shall not become effective in any city unless it is first approved by a majority of the qualified electors of that city who vote in a referendum election held for that purpose. Such referendum election shall be held in the following manner: The city council or commission must call an election to determine the sentiment of the voters as to whether or not the board of education of the city shall be elected in the manner provided in this act. Said election shall be held and the officers appointed to hold the same shall be appointed in the manner provided by law for holding other municipal elections, and the returns thereof shall be tabulated and the result certified as provided by law for such elections. The election shall be held on the date of the first primary, general or special election held after the passage of this act, and notice, thereof shall be given by the city clerk by publication at least three weeks before the date of the election, in a newspaper published in the city. The cost of the election, including the cost of publishing notices thereof, shall be paid out of the general funds of the city. On the ballots to be used in such election the question shall be in the following form: "Do you favor the election of the board of education of the city of _______ as provided in Act No. _____ of the 1971 Regular Session? Yes ( ) No ( )." Only qualified voters of the city shall vote in said election. If a majority of the voters voting in the election vote "Yes," this act shall thereafter be effective in the city holding the referendum; however, if a majority of the voters voting in said election vote "No," this act shall have no further force and effect in such city. The probate judge of the county in which such election is held shall certify the results of the referendum to the secretary of state within 30 days after the determination thereof.