SUCCESSION IN GOVERNMENT

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

in effect

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.01 Rights of officers and employees preserved.

Sec. 8.01. - Rights of officers and employees preserved. Nothing in this act contained, 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 act 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 act, 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.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.02 Continuance of present officers.

Sec. 8.02. - Continuance of present officers. 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 or agency of the city by the laws of the state shall, if such office, department or agency, be abolished by this act or under its authority, be thereafter exercised and discharged by the office department or agency designated by the council unless otherwise provided herein.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.03 Status of officers and employees holding positions when the mayor-council form of government is adopted.

Sec. 8.03. - Status of officers and employees holding positions when the mayor-council form of government is adopted. Any person holding an office or position in the classified service of the city under any civil service or merit system applicable to the city when the mayor-council form of government shall be adopted shall be continued as such officer or employee in the classified service of the city 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 or merit system as if the mayor-council form of government had not been adopted.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.04 Transfer of records and property.

Sec. 8.04. - Transfer of 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 act, 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 act 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.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.05 Continuity of offices, departments or agencies.

Sec. 8.05. - Continuity of offices, departments or agencies. Any office, department or agency provided for in this act with a name or with powers and duties the same or substantially the same as those of an office, department or agency heretofore existing shall be deemed to be a continuation of such office, department or agency and, until otherwise provided, shall exercise its powers and duties in continuation of their exercise by the office, department or agency by which the same were heretofore exercised and, until otherwise provided, shall have power to continue any business, proceeding or other matter within the scope of its regular powers and duties commenced by an office, department or agency by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to such a formerly existing office, department or agency, shall, so far as not inconsistent with the provisions of this act, applying to such office, department or agency provided for by this act.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.06 Continuance of contracts and public improvements.

Sec. 8.06. - Continuance of contracts and public improvements. All contracts entered into by the city, or for its benefit, prior to the adoption by such city 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 may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.07 Pending actions and proceedings.

Sec. 8.07. - Pending actions 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 city or any office, department 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 act; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer party thereto may by or under this act be assigned or transferred to another office, department or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this act.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.08 Pension and relief funds.

Sec. 8.08. - Pension and relief funds. All laws and parts of laws relating to pension, retirement and relief funds for policemen, firemen and other employees of the city, contained in the general or local laws of the state or in Title 62 of the Code of Alabama, as amended [no longer exists], as the same may apply and be in effect with respect to any city at the time when such city shall elect to be governed by the provisions of this act, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder, after adoption of the mayor-council form of government by such city.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.09 Park, playground and fairground authority.

Sec. 8.09. - Park, playground and fairground authority. All laws and parts of laws relating to establishment of an authority for fairgrounds, parks, exhibits, exhibitions and other installations, facilities and place for the amusement, entertainment, recreation and cultural development of the citizens of a city, and for the powers, authority, mode of financing and conduct of the same, contained in the general or local laws of the state or in Title 62 of the Code of Alabama, as amended [no longer exists], as the same may apply and be in effect with respect to any city at the time when such city shall elect to be governed by the provisions of this act, shall continue in full force and effect, and without interruption or change as to the establishment or conduct of any authority created thereunder, after adoption of the mayor-council form of government by such city.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.10 When provisions take effect.

Sec. 8.10. - When provisions take effect. For the purpose of nominating and electing members of the council and the mayor, the provisions of this act shall become applicable to any city adopting the mayor-council form of government upon the filing of the certificate of adoption by the judge of probate with the mayor or other chief executive office of the city as provided for in section 1.06 of article I hereof. For all other purposes the provisions of this act shall become applicable to said city at the time when the first council of such city elected under the provisions hereof takes office and qualifies.

Montgomery City Code, App. A, ch. 1, art. VIII, § 8.11 Continuance of ordinances and resolutions.

Sec. 8.11. - Continuance of ordinances and resolutions. All ordinances and resolutions of the city in effect at the time of adoption by the city of the mayor-council form of government herein set up shall continue in effect unless and until changed or repealed by the council.

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_ARTVIIISUGOFetched: 11/8/2026