Title 45 — Title 45

Applicants submitted for historic district or preservation district designation need be of no particular form, but shall contain the following information: (1) The name, address, and telephone number of the applicant. If applicant is a group or organization, include the name of t…

The county commission may vote to enlarge a designated historic district or preservation district if it determines that the best interest of the district and county would be served by such action and where the county commission has received an appropriate application. Applicants …

The county commission may vote to rescind the designation of a historic district or preservation district if it determines that compelling and substantial supportive reasons exist and that the best interest of the county and district would be served by such action. In arriving at…

Applicants shall meet the following requirements in order for the county commission to consider rescission of a district designation: (1) Notification of the county commission and the Baldwin County Historic Development Commission by registered mail or by personal presentation to…

Applications submitted for rescission of a historic district or preservation district designation need be of no particular form, but shall contain the following information: (1) The name, address, and telephone number of the applicant. If applicant is a group or organization, inc…

A historic development commission with the following membership, duties, and powers may be created by the county commission. (a) The commission shall be composed of no less than 11 members who shall be selected by the county commission in such a manner as to serve overlapping ter…

An architectural review board and a preservation district review board with the following membership, duties, and powers may be created by the county commission. (a) Each board shall be composed of five members selected by the county commission to serve overlapping terms. Except …

The county commission shall prescribe the procedure for the review of building plans for any building to be erected or renovated which is located or to be located in the designated historic districts, including rules governing decisions of the architectural review board and the p…

The county commission may adopt such other regulations as are necessary to effect the purposes of this part; provided however that nothing in this part shall be construed to authorize the county commission or any architectural review board, preservation district review board, or …

(a) On roads where Baldwin County owns the oil, gas, and mineral rights, the Baldwin County Commission is authorized to lease the oil, gas, and mineral rights on the right-of-way of the county roads on a competitive basis in the same manner as provided by the competitive bid laws…

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-174 EFFECTIVE MARCH 28, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Act 98-575, p. 1278, §1; Act 2003-163, p. 468, §§1, 2.)

(a) This section shall only apply to Baldwin County. (b) The compensation paid to the sheriff serving on September 21, 2004, from that date to the end of his or her term, as computed by the county pursuant to Section 45-2-230, and the application of Section 11-2A-4 is hereby rati…

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-174 EFFECTIVE MARCH 28, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Act 2017-419, §§1, 2.)

(a) Commencing on March 28, 2022, the Sheriff of Baldwin County shall receive an additional expense allowance in an amount so that the total compensation of the sheriff is one hundred thirty thousand dollars ($130,000) per year. This expense allowance shall be payable in equal mo…

The county commission of Baldwin County is hereby authorized and empowered, in its discretion, to appropriate funds from the county general fund for the use of the sheriff in the investigation of, and the enforcement of laws relating to, drugs and the possession and sale of contr…

The Sheriff of Baldwin County is hereby authorized to accept private contributions of money to support programs under the official auspices of the sheriff’s department. Provided, such contributions shall be expended only for operations directly related to the operation of the she…

(a) The Sheriff of Baldwin County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s department. These records shall state the description of the property, the date of recovery of the property, the serial or other i…

If the abandoned and stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for th…

(a) The sheriff shall keep and maintain a separate permanent record of all abandoned and stolen firearms, not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, the serial or other identifying number…

(a) At least every six months, the sheriff shall sell at public auction to the highest bidder for cash all abandoned or stolen personal property, other than firearms, which has been recovered by the sheriff’s department and has remained unclaimed by the rightful owner during the …

The owner of any abandoned or stolen personal property recovered by the Baldwin County Sheriff’s office, including firearms, may claim the property at any time prior to its sale by submitting sufficient proof of ownership as determined by the sheriff and by paying any reasonable …

If property is sold at public auction, as provided in this subpart, a notation in the storage record book shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may co…

The proceeds from the sale of property at an auction conducted under the authority of this subpart, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be paid to the office of the Sheriff of Baldwin County. History:…

The Sheriff’s Department of Baldwin County shall receive 25 percent of the proceeds of the sale of property confiscated under Section 20-2-93, known as the Controlled Substances Act. The percentage shall be computed from the sum remaining after the payment of all proper expenses …

(a) This section shall only apply to Baldwin County. (b) The Baldwin County Sheriff Service of Process Serving Fund is created and hereinafter referred to in this section as the fund. (c) The Sheriff of Baldwin County, except for warrants for arrest, may contract with or enter in…

(a) The Sheriff of Baldwin County or the authorized agents of the sheriff may operate a jail store and a telephone system for prisoners within the confines of the county jail. The jail store and a telephone system shall be operated to serve the needs of the jail population. (b) T…

(a) The sheriff shall establish and maintain a Law Enforcement Fund in a bank located in Baldwin County. All proceeds collected under this part shall be deposited by the sheriff into the Law Enforcement Fund. (b) The sheriff shall keep an account of all jail store sales and telep…

All profits realized pursuant to this part shall be expended for any lawful purpose by the sheriff for the operation of the office of the sheriff or the jail, including, but not limited to, office supplies and equipment, communications equipment, salaries and salary supplements, …

The establishment of the Law Enforcement Fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office. History: (Act 96-615, p. 978, §4.)

Any actions relating to the operation of a jail store and a telephone system in the county jail prior to May 21, 1996, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store and a telephone system in the county jail prior to May 21, 1996, sha…

The Sheriff of Baldwin County shall not be liable for the acts of his or her deputies unless he or she participates in such acts or the same are done in compliance with his or her orders or with his or her knowledge and consent; provided, however, the sheriff and the sureties on …

This subpart shall apply only in Baldwin County. History: (Act 2002-463, p. 1205, §1.)

As used in this subpart, the following words have the following meanings: (1) APPOINTED EMPLOYEE. A limited class of employees who serve at the pleasure of the sheriff. These employees are the chief deputy, chief corrections officer, chief civil deputy, financial officer, and per…

This subpart applies to all law enforcement officials, corrections officers, and employees employed by the office of Sheriff of Baldwin County except the chief deputy, chief corrections officer, chief civil deputy, financial officer, and personnel officer. History: (Act 2002-463,…

All employees to whom this subpart applies shall be governed by merit system rules and regulations governing dismissals, suspensions, layoffs, and terminations adopted by the appointing authority and administered by the board. Presently employed persons shall remain in their resp…

All employees of the office of Sheriff of Baldwin County shall continue to participate and be serviced in matters of health insurance, life insurance, and disability insurance by the Baldwin County Commission. The office of sheriff shall administer all matters regarding personnel…

All sick leave and longevity time accrued by an employee shall be transferred, with the employee, from the county system to the Sheriff’s Personnel Merit System. History: (Act 2002-463, p. 1205, §6; Act 2020-157, §1.)

(a) There shall be established the Sheriff’s Office Personnel Appeals Board. The board shall hear all appeals from final action as requested by an affected employee of the sheriff’s office, other than an appointed employee. (b) The Sheriff’s Office Personnel Appeals Board shall b…

Members. (a) The personnel officer shall notify all classified employees that nominations for membership on the board will be accepted for a period of 10 days from that date and instructing all interested classified employees to submit nominations to the personnel officer of the …

(a) The original members shall serve for the following terms: One for one year, one for two years, one for three years, and two for four years, as determined by the drawing of lots. Thereafter, all members shall serve for a period of four years. No person shall be appointed to th…

(a) A classified employee, other than an appointed official, shall have the right to appeal any disciplinary action taken against him or her. An employee on probationary status shall not have that right unless the employee had permanent status in some other position at the time o…

All appointments of employees to which this subpart applies, other than temporary appointments, shall be probationary for 12 months from the date of appointment. A probationary employee may be discharged by the sheriff at his or her pleasure at any time before the expiration of 1…

Whenever a new sheriff is elected or appointed, he or she may appoint any person as his or her chief deputy sheriff and chief civil deputy provided the person meets the minimum standards for law enforcement officers as prescribed by the general law of the state. The persons holdi…

The office of sheriff shall insure the generation of new and continued required files and records of all employees transferred pursuant to this subpart and on all new employees of the office of sheriff. History: (Act 2002-463, p. 1205, §13.)

Each employee may exercise his or her right as a citizen to express his or her opinion and to cast his or her vote. No employee shall receive any appointment or advancement as a reward for his or her support of a candidate for a political office nor shall he or she be dismissed, …

Any merit employee who willfully violates any provision of this subpart, or any rule or regulation issued in pursuance to this subpart, may be dismissed from service under the system and, if dismissed, shall not be appointed or reemployed for two years. History: (Act 2002-463, p.…

Employees to which this subpart applies shall be covered by the merit system upon implementation of this subpart. History: (Act 2002-463, p. 1205, §16.)

Any individual employed by the Baldwin County Sheriff’s office as a law enforcement officer, including the sheriff, for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission …

(a) In Baldwin County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13-6-155, shall not exceed the sum of thirty dollars ($30), as set by the sheriff. The fee shall be collected by the sheriff of the cou…

(a) This section shall apply only to Baldwin County. (b) On and after September 1, 2007, any municipality within Baldwin County may contract for police services with the sheriff of the county. The contract may include the enforcement by the sheriff and his or her duly commissione…