AL Code § 45-49-40.02 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 49 - Mobile County.|Article 4 - Business, Labor, and Occupations.|Part 1 - Barbers|Section 45-49-40.02 - County Board of Barber Commissioners.

Section 45-49-40.02County board of barber commissioners. (a) There is created a Barbers' Commission for the County of Mobile. The Governor shall appoint three persons, each of whom, immediately prior to the date of his or her appointment, has been a resident of the county for the past three years, and who has had at least five years' experience as a barber; one member to be appointed for a term of one year, one member to be appointed for a term of two years, and one member to be appointed for a term of three years. In all counties to which this part applies which have in existence at the time of the passage of this part, a barbers' commission, the members of the commission then serving as such barbers' commission shall constitute the initial board of barbers' commissioners of such county and they shall continue in office until the expiration of their respective terms or unless sooner disqualified; thereafter the term of any member appointed and qualified to succeed the members of the barbers' commission of such county first appointed shall be for three years and until their successors are appointed and qualified. Vacancies shall be filled in the following manner: The commission, 60 days prior to the expiration of the term of any commissioner of the barbers' commission for such county, shall give notice in writing to the licensed barbers of such county that there will be a vacancy on the date of the expiration of the term of the commissioner whose term is about to expire; or if a vacancy be caused for any reason other than the expiration of the term, the barbers' commission, within 30 days after such vacancy occurs, shall give notice to the licensed barbers of such county of the existence of such vacancy. In this event the barbers will be requested to nominate three barbers to fill each vacancy thus occasioned; and to that end a ballot shall be prepared and enclosed along with the letter notifying the barbers of the vacancy or vacancies; the ballot reading as follows: I hereby nominate for appointment by the Governor of the State of Alabama to the Board of Barber Commissioners for Mobile County, the following named persons: ___________________. (b) The ballots shall be numbered and identified in such manner as to prevent anyone employing any ballot other than that forwarded the licensed barber entitled to vote. In addition to the ballot, the barbers' commission shall forward the licensed barber an envelope addressed to the barbers' commission and properly stamped with United States postage. When the ballots are returned they shall be opened on a day designated in the notification, in the presence of the barbers' commission then serving, and the ballots shall be counted and the names of the three barbers who shall receive the greatest number of votes shall be selected as the three nominees. The barbers' commission shall then certify to the Governor the names of the three barbers receiving the highest number of votes, and the Governor shall appoint one of those three persons thus designated to fill the vacancy. If more than one vacancy exists at any time, there shall be nominated in the manner above designated and certified to the Governor three nominees for each vacancy so that if there be one vacancy there shall be three nominees, if there be two vacancies there shall be six nominees, and if there be three vacancies, there shall be nine nominees, certified to the Governor, who shall select for appointment one nominee from each group thus nominated. The commission, immediately upon the qualification of the member appointed each year, shall organize by selecting from its members a chair, and may do all things necessary or convenient for carrying into effect this part. The members of the commission shall receive as full compensation for each day actually spent in the work of the commission the sum of fifteen dollars ($15) per day and his or her actual and necessary expenses thereby incurred. The commission shall appoint and at its pleasure discharge a secretary-treasurer and such assistants as may be deemed necessary to discharge and faithfully carry out the duties imposed by this part. The individual so appointed shall be required to enter into a bond to be approved by the commission in the sum of not less than ten thousand dollars ($10,000), conditioned to pay any shortage or loss of funds on hand by the secretary-treasurer during his or her term of office, or at the time that he or she is holding office. The commission shall outline the duties and fix the compensation of the secretary-treasurer. The commission shall obtain such office space, furnishings, and other proper conveniences as shall be reasonably necessary for carrying out this part. The principal office of the commission shall be located in the county seat of the county, provided, however, that upon the request of the commission, the county commissioners of the county shall furnish an office in the courthouse without charge. The commission shall adopt a seal with such design engraved thereon as it may prescribe, by which it shall authenticate its proceedings. In addition thereto, the board is empowered to make reasonable inspection of the barbers and the barber shops and barber schools and barber colleges of the county to the end that proper methods of sanitation and sterilization are observed. Copies of all records and papers in the office of the barbers' commission duly certified and authenticated by its seal shall be received in evidence in all courts with like effect as the original. All the records kept in the office of the board and under authority of this part shall be open to public inspection under such rules and regulations as shall be prescribed by the commission. All fees and charges collected by the board under this part, shall be paid to the treasurer of the commission; the funds shall be used and kept exclusively in the hands of the treasurer of this commission, and shall be used for purposes not inconsistent with this part, under the directions of the commission. Funds may be disbursed by order of the board on a check being drawn by the treasurer upon such funds, as may be on hand, and approved by the chair of the board for the purpose of paying all of the expenses incurred by the board, including the compensation of members of the board and its employees, provided the total expenses for every purpose incurred shall not exceed total fees and charges collected and paid in to the treasurer.  (Acts 1961, No. 678, p. 940, § 3.)