reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-19 - Continuation of Laws Relating to Certain Boards, Etc.

Section 11-44D-19
Continuation of laws relating to certain boards, etc.
All laws relating to the school board, library board, medical clinic board, hospital board, airport board, housing authority, industrial development board, downtown development authority, plumbers or electricians board, planning board, zoning board, park or recreation board, municipally owned public utility, and any municipally owned service enterprise, including inter alia, electric, gas and water boards, agencies, etc., and any board, authority, agency, etc., given such independent status, as the same may apply and be in effect at the time when the municipality shall elect to be governed by the provisions of this chapter, shall continue in full force and effect and without interruption or change as to the establishment or conduct of any such authority, board, or agency, until otherwise provided by law.
(Acts 1986, No. 86-195, p. 240, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-20 - Continuation of Ordinances and Resolutions.

Section 11-44D-20
Continuation of ordinances and resolutions.
All ordinances and resolutions of the municipality in effect at the time of the adoption of the new form of government shall continue in effect unless and until changed or repealed by the council.
(Acts 1986, No. 86-195, p. 240, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-21 - Continuation of Other Laws Relating to Cities in This Class.

Section 11-44D-21
Continuation of other laws relating to cities in this class.
All laws and parts of laws, general, local, or special, relating to or affecting any city in this class, its powers, functions, duties, and property, in force when this chapter shall take effect are continued in effect; but all such laws relating to the exercise of powers, functions, and duties of the commission or some other form of government, shall be superseded to the extent that the same are inconsistent with the provisions of this chapter.
(Acts 1986, No. 86-195, p. 240, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 1 - Adoption of the Mayor/commission/city Manager Form of Government; Election and Term of First Commission. › Section 11-44E-1 - Cities to Which Chapter Applies.

Section 11-44E-1
Cities to which chapter applies.
Any Class 5 municipality in the State of Alabama may adopt the mayor/commission/city manager form of government by proceeding in the manner hereinafter provided in this chapter.
(Acts 1988, No. 88-445, p. 660, §1.01.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 1 - Adoption of the Mayor/commission/city Manager Form of Government; Election and Term of First Commission. › Section 11-44E-2 - Authority to Adopt Mayor/commission/city Manager Form of Government; Ordinance for Election of Commissioners.

Section 11-44E-2
Authority to adopt mayor/commission/city manager form of government; ordinance for election of commissioners.
At any time upon passage of this chapter and said chapter becoming law, any Class 5 municipality may adopt the mayor/commission/city manager form of government by adopting an ordinance by a majority vote of the members of that governing body adopting the mayor/commission/city manager form of government. Within 30 days of the adoption of the ordinance adopting the mayor/commission/city manager form of government, members of that governing body shall adopt a second ordinance for the election of commissioners from six single-member districts with the district boundaries established therein.
(Acts 1988, No. 88-445, p. 660, §1.02; Acts 1990, No. 90-287, p. 379, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 1 - Adoption of the Mayor/commission/city Manager Form of Government; Election and Term of First Commission. › Section 11-44E-4 - Mayor and Commissioners to Be Known as Commission; Powers and Duties; Qualification and Taking of Office; Commencement of Mayor/commission/city Manager Form of Government.

Section 11-44E-4
Mayor and commissioners to be known as commission; powers and duties; qualification and taking of office; commencement of mayor/commission/city manager form of government.
The commissioners provided for in this section, along with the mayor, shall be known collectively as the commission and shall have the powers and duties hereinafter provided. The commissioners first elected shall qualify and take office in the manner hereinafter prescribed on the first Monday in October following the date of election, and thereupon such city shall at that time be organized under the mayor/commission/city manager form of government provided under this chapter and shall thereafter be governed by the provisions of this chapter.
(Acts 1988, No. 88-445, p. 660, §1.04.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 2 - Legal Status; Form of Government; Powers. › Section 11-44E-20 - Continuation as Municipal Corporation; Duties, Rights, Etc.

Section 11-44E-20
Continuation as municipal corporation; duties, rights, etc.
Any such city which adopts the mayor/commission/city manager form of government shall continue its existence as a municipal corporation. The word "city" as hereinafter used shall mean and refer to any city which has adopted the mayor/commission/city manager form of government. The city shall continue as a municipal corporation, within the corporate limits as then established, and as thereafter fixed in the manner prescribed by law, subject to all the duties and obligations then pertaining to or incumbent upon it as a municipal corporation and shall enjoy all the rights, privileges, immunities, powers, duties, and franchises then enjoyed by it, as well as those that may thereafter or hereinafter be granted to it.
(Acts 1988, No. 88-445, p. 660, §2.01.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 2 - Legal Status; Form of Government; Powers. › Section 11-44E-21 - Government to Be Known as Mayor/commission/city Manager Form of Government; Powers of City Vested in Commission; Exercise of Powers.

Section 11-44E-21
Government to be known as mayor/commission/city manager form of government; powers of city vested in commission; exercise of powers.
The municipal government of any such city proceeding under this chapter shall be known as the "mayor/commission/city manager form of government." Pursuant to the provisions and limitations of this chapter and subject to the limitations imposed by the laws and Constitution of Alabama, all powers of the city shall be vested in the commission elected as herein provided and hereinafter referred to as "the commission," which shall enact ordinances, resolutions, budgets, and policies. All powers of the city shall be exercised in the manner prescribed by this chapter, or if the manner be not prescribed, then in such manner as may be prescribed by the laws of the state.
(Acts 1988, No. 88-445, p. 660, §2.02.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 2 - Legal Status; Form of Government; Powers. › Section 11-44E-22 - Powers of City; Acquisition of Property; Enumeration of Powers in Chapter Not Exclusive.

Section 11-44E-22
Powers of city; acquisition of property; enumeration of powers in chapter not exclusive.
The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this state together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire within or without its corporate limits for any city purpose, in fee simple and any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage, and control such property as its interests may require; and except as prohibited by the Constitution of this state or restricted by this chapter, the city shall and may exercise all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. The enumeration of particular powers by this chapter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which, under the Constitution of this state, it would be competent for this chapter specifically to enumerate.
(Acts 1988, No. 88-445, p. 660, §2.03.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-40 - Elections; Qualification and Term of Office; Oath.

Section 11-44E-40
Elections; qualification and term of office; oath.
(a) Any commissioner whose present term does not expire until October, 1993, shall continue to serve the remainder of his or her term, but shall represent the district in which he or she resides. The commissioners shall qualify and take office in the manner hereinafter prescribed on the first Monday in October following his or her election. An election shall be held on the second Tuesday in July, 1991, and every four years thereafter for the positions of associate commissioner for Districts 2, 4, and 6 and in the manner herein provided. Associate commissioners for Districts 1 and 5 shall also be elected the second Tuesday in July, 1991, for initial two-year terms. Districts 1, 3, and 5 shall elect associate commissioners the second Tuesday in July, 1993, for four-year terms. After 1993, all associate commissioners shall serve four-year terms. The mayor shall continue to hold office until the first Monday in October, 1993, and shall continue to be elected at-large for a four-year term at the same election in 1993 as Districts 1, 3, and 5 and every four years thereafter. The commissioners shall qualify and take office on the first Monday in October following his or her election. The commissioners elected at any such regular election shall on or before the first Monday in October, make oath that he or she is eligible for the office and will execute the duties of same according to the best of his or her knowledge and ability. At any election for commissioner the candidate receiving the highest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election a majority is not received by any candidate for the office of commissioner, then a second election shall be held on the second Tuesday next thereafter following the first election, in the same mode, manner, and under the same rules and regulations provided in Section 11-44E-3 hereof with respect to the election of the first commission.
(b) Notwithstanding subsection (a), effective for the election of city commissioners in 2011, the city commissioners in Districts 2, 4, and 6 shall be elected for a two-year term. Effective for the election of city commissions in 2013 and thereafter, all city commissioners shall be elected for four-year terms. Effective for the election of city commissioners in 2011, and thereafter, the first election date shall be on the first Tuesday in August and the second election or run-off election shall be held on the sixth Tuesday thereafter.
(Acts 1988, No. 88-445, p. 660, §3.01; Acts 1990, No. 90-287, p. 379, §1; Act 2006-348, p. 921, §1; Act 2009-362, p. 684, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-41 - Statement of Candidacy.

Section 11-44E-41
Statement of candidacy.
Any person desiring to become a candidate in any election for the office of commissioner 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 fifty registered voters of such commission district or in the case of mayor, one hundred registered voters of the municipality, endorsing the candidacy of such candidate and an affidavit taken and certified by such city clerk or notary public. Such statement shall be filed by 5:00 P.M. on the fourth Tuesday in June preceding the date set for the election and shall be substantially in 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 commissioner for District _____, 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 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 of $150.00 for candidates for a commissioner, which 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 name shall appear upon said ballot as a candidate for election except the names of such persons as have become candidates according to provisions as above set forth. No primary election shall be held for the nomination of candidates for the office of mayor or commissioner and candidates shall be nominated only as hereinabove described.
(Acts 1988, No. 88-445, p. 660, §3.02; Acts 1988, 1st Sp. Sess., No. 88-831, p. 293, §2; Act 2011-252, p. 450, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-42 - Eligibility of Candidates; Vacancy When Commissioner Ceases to Possess Qualifications.

Section 11-44E-42
Eligibility of candidates; vacancy when commissioner ceases to possess qualifications.
The candidates for office of commissioner shall be qualified electors in the city for at least one year prior to qualifying, shall be at least 19 years of age, shall have continuously resided in the district for which he (she) is a candidate for the preceding six months, and shall hold no other public office except that of notary public or member of the National Guard of Naval or Military Reserve. If the commissioner shall cease to possess any of these qualifications or shall be convicted of a crime involving moral turpitude, his (her) office shall immediately become vacant.
(Acts 1988, No. 88-445, p. 660, §3.03.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-43 - Compensation; Increase or Decrease in Compensation; Bond.

Section 11-44E-43
Compensation; increase or decrease in compensation; bond.
The compensation of all commissioners elected during the first election held under the terms of this chapter shall be the sum of $21,000.00 per annum.
The fees, salary or compensation of any commissioner 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 commissioners shall each be bonded in the minimum amount of $25,000.00, and such additional amount as the commission may determine, if any. Such bond will be at the expense of the municipality.
(Acts 1988, No. 88-445, p. 660, §3.04; Acts 1990, No. 90-287, p. 379, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-44 - Powers of Commission.

Section 11-44E-44
Powers of commission.
The commission shall be the legislative body of the city. It shall have powers vested in it by this chapter. These powers shall be as follows:
(1) To establish administrative departments.
(2) To adopt the budgets of the city.
(3) To authorize the issuance of bonds or warrants.
(4) To inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs.
(5) To appoint the members of all boards, commissions, or other bodies authorized hereunder or by law.
(6) To succeed to all the powers, rights, and privileges conferred upon the former governing body of the city by statutes 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.
(7) To levy property taxes and impose and collect license taxes and local improvement assessments and enact any such new revenue or adjustments as elsewhere prescribed by law.
(8) To adopt each year a financial plan for at least the next succeeding five years showing anticipated revenues, anticipated expenditures and with all capital projects ranked by priority. Said financial plan shall be used as a financial planning guide by the city staff and city manager, but shall not be binding on the commission.
(9) To enact such resolutions, ordinances, and policies, as prescribed by this chapter or prescribed elsewhere in the Code of Alabama.
(10) To employ the city manager; to discharge the city manager; to enter into employment contract with the city manager.
(11) To hold public hearings as prescribed by law.
(12) To set the compensation of the mayor and commission in accordance with procedure in Sections 11-44E-43 and 11-44E-73.
(13) To adopt policies for the operation of the city.
(14) To adopt rules of procedure.
(Acts 1988, No. 88-445, p. 660, §3.05; Acts 1989, No. 89-525, p. 1074, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-45 - Interference in Appointment or Removal of Officers and Employees; Dealings of Commission With Administrative Service.

Section 11-44E-45
Interference in appointment or removal of officers and employees; dealings of commission with administrative service.
Neither the commission nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position by the city manager or by any of his (her) subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city with the exception of certain employees as prescribed in Section 11-44E-92(2) of this chapter. Except for the purpose of inquiry, the commission and its members shall deal with the administrative service solely through the city manager and neither the commission nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.
(Acts 1988, No. 88-445, p. 660, §3.06.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-46 - Vacancies in Commission.

Section 11-44E-46
Vacancies in commission.
(a) Whenever a vacancy in the office of commissioner shall occur by reason of death, resignation, removal, or any other cause, and the remainder of the term is six months or less, the remaining members shall, by a majority vote, appoint a commissioner to serve the remainder of the vacated term, who shall serve until a successor has been elected and qualified.
(b) If the remainder of the vacated term is more than six months, the remaining members shall, by a majority vote, appoint a commissioner to serve until a successor has been elected and qualified as hereinafter provided. The interim commissioner selected shall receive the same rate of pay and allowances provided for the commissioner whose vacated office he or she fills. The mayor shall within 10 days after the occurrence of the vacancy, call for a special election to be held in the district of the vacancy on a Tuesday not less than 60 days and not more than 120 days from the date the vacancy occurred. If a regular or special municipal election is scheduled in the municipality within not less than 60 days nor more than 120 days after the date the vacancy occurred, then the election for a commissioner to fill this vacancy shall be held at the regular or special municipal election. Notice of the election shall be given by publication in a newspaper of general circulation and published in the city. The method, procedure, and requirements of qualifying, voting, and determining the successful election of the commissioner shall be the same as is provided herein relative to the election of a commissioner at regular elections, except that statements of candidacy shall be filed within 10 days after notice of election has been given. The commissioner chosen at the election shall take office no later than the next Monday following election and shall hold office for the unexpired term until a successor is elected and qualified.
(Acts 1988, No. 88-445, p. 660, §3.07; Act 98–290, p. 476, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-47 - Continuation of City Clerk in Office Where Subject to Civil Service or Merit System; Appointment Where Not Subject to Such System; Duties of City Clerk.

Section 11-44E-47
Continuation of city clerk in office where subject to civil service or merit system; appointment where not subject to such system; duties of city clerk.
If the city clerk of any city which adopts the mayor/commission/city manager form of government holds office subject to any civil service or merit system, such clerk shall continue to be the city clerk under the mayor/commission/city manager form of government of such city, and the clerk's successor shall be selected and hold office subject to the provisions of such civil service or merit system. If the city clerk of any city which adopts the mayor/commission/city manager form of government does not hold office subject to any civil service or merit system, the city manager may appoint the city clerk in the same manner as department heads are appointed. The city clerk shall give notice of special or called meetings of the commission, shall keep the journal of its proceedings, shall authenticate by his (her) signature and record in full, in a book kept for that purpose, all ordinances and resolutions and shall perform such other duties as shall be required by this chapter or by ordinance, and such duties as are imposed by law of Alabama upon city clerks.
(Acts 1988, No. 88-445, p. 660, §3.08.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-48 - Meetings of Commission.

Section 11-44E-48
Meetings of commission.
The first meeting of each newly elected commission shall be held at two o'clock in the afternoon on the first Tuesday in October, with all subsequent meetings held at such times as may be prescribed by ordinance of the commission.
(Acts 1988, No. 88-445, p. 660, §3.09.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-49 - Commission to Judge Election.

Section 11-44E-49
Commission to judge election.
The commission shall be the judge of the election by officially canvassing the votes.
(Acts 1988, No. 88-445, p. 660, §3.10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-50 - Rules of Procedure of Commission; Journal of Commission Proceedings.

Section 11-44E-50
Rules of procedure of commission; journal of commission proceedings.
The commission shall determine its own rules and order of business. It shall keep a journal of its own proceedings and the journal shall be open to public inspection.
(Acts 1988, No. 88-445, p. 660, §3.11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-53 - Codification Authorized.

Section 11-44E-53
Codification authorized.
The commission may provide at any time it may deem proper, for the revision and codification of its resolutions, bylaws, and ordinances, or for the adoption of a code or codes by ordinance. Such code or codes and the revisions or amendments thereof may relate to the whole system of city resolutions, bylaws, and ordinances, or may relate to that portion of such resolutions, bylaws, and ordinances, which relate to, affect, or purport to govern any particular subject or subjects or subdivision of municipal legislation. The commission shall have full power and authority to prescribe the manner in which said code or codes, revisions or amendments thereto, shall be made public, whether by proclamation of any officer or officers of said city by posting or by publication, one or all, but it shall not be necessary unless so prescribed by the commission for such code or codes, revisions or amendments thereto, to be published in a newspaper or newspapers. Nor shall it be necessary that such code or codes, revisions or amendments thereto, be spread at length upon the minutes. The commission may prescribe that such code or codes, revisions or amendments thereto, be spread at length upon the minutes. The commission may prescribe that such code or codes, revisions or amendments thereto may be certified by and filed with the city clerk, or other corresponding officer, in lieu of spreading the same on the minutes; and the commission may prescribe the manner in which copies of such code or codes, revisions or amendments thereto, may be officially certified for use by the inhabitants or by the courts. The commission may adopt and provide for the maintenance in a designated office of the city a comprehensive zoning map of the city open for inspection by the public at all reasonable times, and may make such zoning map a part of any ordinance by reference thereto in such ordinance and without publication of such zoning map in any newspaper. Such zoning map need not be in one piece but may for convenience be in sections. A zoning map of territory newly added to the city shall be treated as a comprehensive zoning of the city for purposes of application of the provisions of the preceding sentence.
(Acts 1988, No. 88-445, p. 660, §3.14; Acts 1988, 1st Sp. Sess., No. 88-831, p. 293, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 3 - The Commission. › Section 11-44E-54 - Examination of Books and Publication of Accounts.

Section 11-44E-54
Examination of books and publication of accounts.
At the end of each year, the commission shall cause a full and complete examination of all the books and accounts of the city to be made by a certified public accountant, or by the state department of public examiner of public accounts.
(Acts 1988, No. 88-445, p. 660, §3.15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-70 - Election; Term; Qualification.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-71 - Statement of Candidacy.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-72 - Eligibility of Candidates.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-73 - Compensation; Increase or Decrease of Compensation; Bond.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-74 - Vacancy in Office of Mayor; Acting Mayor; Special Election; Qualification, Duties, and Term of Successor.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-75 - Powers and Duties of Mayor.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 4 - Mayor. › Section 11-44E-76 - Payment of All Funds.

Section 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.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-90 - Creation of Office of City Manager.

Section 11-44E-90
Creation of office of city manager.
The office of the city manager is hereby created under sole authority of this chapter.
(Acts 1988, No. 88-445, p. 660, §5.01.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-91 - Appointment of City Manager; Qualifications; Residence; Noneligibility of Elected Officials.

Section 11-44E-91
Appointment of city manager; qualifications; residence; noneligibility of elected officials.
The city manager shall be appointed by a majority vote of the commission. He (She) shall be chosen without regard to political beliefs and solely upon the basis of his (her) executive and administrative qualifications, with special recognition to his (her) actual experience in, or knowledge of, the duties of his office as defined by this chapter. The choice shall not be limited to inhabitants of the city or the State of Alabama, but once appointed to the office, the city manager shall reside within the city. No elected official of the city shall be appointed to the position of city manager during the term for which he (she) shall have been elected nor within one year after the expiration of such term.
(Acts 1988, No. 88-445, p. 660, §5.02.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-93 - Noninterference by Mayor or Commission With Certain Duties of City Manager; Dealings With Administrative Service.

Section 11-44E-93
Noninterference by mayor or commission with certain duties of city manager; dealings with administrative service.
Neither the mayor, commission nor any of its members shall direct the employment or removal of any person by the city manager or by any of his (her) subordinates in the administrative service of the city. Appointments or removals of employees not subject to a civil service or merit act will be done in conformity with Section 11-44E-92(2). Except for the purposes of inquiry and investigation held in a manner firmly established by resolution or ordinance in advance of such inquiry and investigation, the commission and its members shall deal with the administrative service of the city solely through the city manager, and neither the commission nor any member thereof shall give orders, either publicly or privately, to any employee under the supervision of the city manager, except in emergencies.
(Acts 1988, No. 88-445, p. 660, §5.04.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-94 - Political, Other Improper Influences on City Manager and Personnel Under His (Her) Authority Prohibited; Ineligibility of Candidates for Public Office to Continue Employment.

Section 11-44E-94
Political, other improper influences on city manager and personnel under his (her) authority prohibited; ineligibility of candidates for public office to continue employment.
Neither the city manager nor any person appointed by him (her) or seeking appointment by him (her) shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his (her) political opinions or affiliations. Neither the city manager nor any officer or employee directly appointed by the city manager shall continue in such position after becoming a candidate for nomination or election to any municipal public office. No person appointed by the city manager, or seeking appointment by him (her), shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for, or on account of, or in connection with, his (her) test, appointment, proposed appointment, promotion, or proposed promotion.
(Acts 1988, No. 88-445, p. 660, §5.05.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-95 - Bond of City Manager.

Section 11-44E-95
Bond of city manager.
The city manager, before entering upon the discharge of his (her) duties, shall give bond in the penal sum of not less than $50,000.00 payable to the city and for the benefit of the city, and for the use and benefit of the public, to secure and indemnify the city and any of the public by reason of his (her) default, misfeasance, or nonfeasance in the performance of his (her) duties. Expenses of providing such bond shall be paid by the city.
(Acts 1988, No. 88-445, p. 660, §5.06.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-96 - Compensation of City Manager.

Section 11-44E-96
Compensation of city manager.
The city manager shall receive such compensation as, from time to time, may be approved by the commission as is specified in any employment contract that may exist between the commission and city manager.
(Acts 1988, No. 88-445, p. 660, §5.07.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44E - Adoption of Mayor/commission/city Manager Form of Government in Class 5 Municipalities. › Article 5 - City Manager. › Section 11-44E-97 - Eligibility and Participation in City Retirement and Insurance Plans.

Section 11-44E-97
Eligibility and participation in city retirement and insurance plans.
The city manager shall be eligible and may participate in the retirement system and the group insurance plan of the city.
(Acts 1988, No. 88-445, p. 660, §5.08.)