AL Code § 45-37A-52.95 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 37A - Jefferson County Municipalities.|Article 5 - Birmingham.|Part 3 - Government.|Part 4 - Mayor.|Section 45-37A-52.95 - Powers and Duties.

Section 45-37A-52.95Powers and duties. The mayor shall be the head of the administrative branch of the city government. The mayor shall not sit with the council nor shall he or she have a vote in its proceedings and he or she shall have the power and duties herein conferred. The mayor shall be responsible for the proper administration of all affairs of the city and, subject to any civil service or merit system law applicable to such city and except as otherwise provided herein, he or she shall have power and shall be required to: (1) Enforce all law and ordinances. (2) Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this part and except as he or she may authorize the head of a department or office to appoint and remove subordinates in such department or office; provided that he or she shall not appoint or remove officers and employees of: a. Any board of the city having control over any park, recreation facility, fair, exhibit, or any library board of the city. b. 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. c. Any nonelected school board of the city. d. Any planning board or zoning board of the city. (3) Exercise administrative supervision and control over all departments created by this part or by law or hereafter created by the council except those enumerated in paragraphs a. to d., inclusive, of subdivision (2) and except those otherwise given independent status under this part. (4) Shall 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 and prepare a detailed report within 10 days of the council's request except the mayor shall have an extension of five additional days if the information is not readily available. (5) Recommend to the council such actions as he or she may deem desirable. (6) Prepare and submit to the council such reports as may be required of him or her. (7) Perform such other duties as may be prescribed by this part. (8) Fix the salaries or compensation of all officers and employees of the city who are appointable by him or her, subject, however, to any civil service or merit law applicable to the city. (9) Employ as members of his or her staff such employees as the mayor may deem necessary for and on behalf of the city to assist the mayor and perform such duties relating to the mayor as the mayor may assign. Each such employee shall serve at the pleasure of the mayor for such compensation as the mayor may set. Such staff members shall not be under any merit or civil service system, but, should a member of the classified service under any merit or civil service system applicable to the city be appointed hereunder, the provisions of this section notwithstanding, he or she may be paid at the salary established for his or her classification at the time of appointment and such person shall not lose any rights under such merit or civil service system by reason of his or her appointment hereunder, and shall, upon termination of service on the mayor's staff, have the right to return to the classified service, with full credit for time served on the mayor's staff, at the same or higher classification as that held upon appointment hereunder. Each such employee shall by reason of such employment become a member of the pension system covering the general employees of the city, if there be such a system, to the same extent and in the same manner as other general employees of the city, provided such employee apply to the board or other authority administering such pension system within 30 days of appointment; otherwise, such employee shall not be a member of the system. This section shall not limit the authority of the mayor to appoint other staff under the merit system or as otherwise authorized by law. No person employed in one of these staff positions shall run for elected office while so employed. (10) Retain the services of outside counsel and other professional services, to the extent that it is in the budget, and will not impact the budget, to meet the needs of the city when, in the opinion of the mayor, such action would best serve the interests of the city. (Acts 1955, No. 452, p. 1004, §4.06; Acts 1973, No. 1168, p. 1964, §1; Act 82-336, p. 465, §1; Act 84-626, p. 1276, §1; Act 2016-277, §1.)