Title 11 — Title 11

Any person holding an office or position in the civil service of the municipality under any civil service or merit system applicable to the municipality when the council- manager form of government shall be adopted shall continue to hold such office in the civil service of the mu…

Duties Reassigned. 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 article, shall be transferred and delivered to the office, d…

Any office, department, board, or agency provided for in this article with a name or with powers and duties the same or substantially the same as those of an office, department, board, or agency heretofore existing shall continue to exercise its powers and duties, until otherwise…

All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the council-manager 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 th…

Election. If the council-manager form of government is not adopted at the election so called the question of adopting such form of government shall not be resubmitted to the voters of such municipality for adoption within two years thereafter, and then the question of adopting sa…

No action or proceeding, civil or criminal, pending at the time of the adoption of the council-manager form of government, brought by or against the municipality or any office, department, board, or agency or officer thereof, shall be affected or abated by the adoption of the cou…

Funds for Employees. All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and be in effect with respect to any municipality at the time when such municipality shall elect to be governed by the pr…

with Independent Status until Otherwise Provided. All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or recreation board, municipally owned public utility, and …

For all purposes the provisions of this article shall become applicable to said municipality at the time when the first council of such municipality elected under the provisions hereof takes office and qualifies. History: (Acts 1982, No. 82-517, p. 851, §42.)

or Repealed. All ordinances and resolutions of the municipality in effect at the time of adoption by the municipality of the council-manager form of government herein set up shall continue in effect unless and until changed or repealed by the council. History: (Acts 1982, No. 82-…

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any municipal position or appointive municipal administrative office because of race, sex, political or religious opinions or affiliations. History: (Acts 1982, No. 82-…

Meetings and Take Part in Discussions; City Manager to Be Notified of Special or Adjourned Meetings. The city manager, the heads of all departments, and such other officers of the municipality as may be designated by the council, shall be entitled to attend meetings of the counci…

Affairs, Etc. The council, the city manager, or any person or committee authorized by either of them, shall have the power to inquire into the conduct of any office, department, board, or agency or officer of the municipality. Either of them may make investigations of municipal a…

Validity. No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by ordinance, and signed in the name of the municipality by the may…

The city manager and other such officers or employees as the council may by general ordinance require so to do, shall give bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the municipality. History: (Acts 1982…

At such election the question to be submitted shall be printed in plain, prominent type on separate ballots and shall read as follows: “Shall the council-manager form of government as provided by the Council- Manager Act of 1982 be adopted for the municipality of _____________ ? …

Every councilman, officer and employee of the municipality shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: “I solemnly swear (or affirm) that I am eligible for the…

Thereon Authorized. No municipality may change from the council-manager form of government within three years after the adoption thereof. At the end of such period, or at any time thereafter, the municipality may change its form of municipal government in the manner provided by l…

All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when this article shall take effect are hereby continued in effect; but all such laws relating to the exercise of powers, functions, an…

Result; Adoption and Certification of Provisions of Chapter. The election shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law with respect to other municipal elections. If the majority of votes shall be “yes” or in favor of such q…

The change in the form of government shall take place on the first Monday in November following the date of the next ensuing municipal election for the election of members of the governing body held by the municipality during a general municipal election year as established by Se…

Government; Short Title. Within three months of the approval of this article by the Governor, the governing body of any Class 2, 3, 4, 5, 6, 7, or 8 municipality in the State of Alabama operating under a council-manager or under a mayor-council-city manager form of government may…

When such an ordinance is adopted within the time period specified in Section 11- 43A-70, the council-manager form of government under this article shall become effective for such municipality either (i) immediately upon receipt of preclearance of such ordinance by the United Sta…

Government”; Vesting of Municipal Powers in Council. The form of government of any municipality proceeding under this article shall be known as the “council-manager form of government.” Pursuant to the provisions and limitations of this article, and subject to the limitations imp…

Any municipality which adopts the council-manager form of government under this article shall continue its existence as a body corporate without change in the municipal corporation. The word “municipality” as herein used shall mean and refer to any municipal corporation which ele…

The municipality shall have all the powers granted to municipal corporations by the constitution and the laws of this state together with all the implied powers necessary to carry into execution all the powers granted. The municipality may acquire property within or without its c…

Terms. The mayor and council members, and all officers of the council, who are holding office on the date of the preclearance by the United States Department of Justice of the ordinance referenced in Section 11-43A-70 shall continue in office until the expiration of their current…

The council shall consist of seven council members who shall be elected by single- member districts. There shall be one mayor, and he shall be elected at large. An election for mayor and members of the council shall be held at the next regularly scheduled municipal election after…

Described; Municipalities Having Seven Council Districts Prior to Effective Date. The seven council districts shall have, as nearly as is reasonable, the same population according to the last federal decennial census. The designation and boundaries of the districts shall be speci…

Candidates; Runoff Election; Term of Office. With respect to municipal elections, each candidate shall announce that he is to become a candidate for either mayor or for councilman of District 1, 2, 3, 4, 5, 6, or 7. A candidate may not run for both mayor and councilman in the sam…

The mayor and councilmen shall receive as compensation for their services the respective sums established by the council by ordinance at least six months prior to the date of their election. History: (Acts 1991, No. 91-545, p. 973, §10.)

Alternate Form for Class 6 Cities. (a) The governing body provided for herein shall be known collectively as the “Council of the City (Town) of _____ (name of city or town to be inserted)” and shall have the powers and duties hereinafter provided. Except as hereinafter provided a…

Any person desiring to become a candidate at any election for the office of mayor or councilman may become a candidate by filing a statement of candidacy as required and authorized by the applicable general municipal election laws. The candidate shall state the office to which he…

At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the names of all candidates seeking election to the office of mayor and to the office of councilman for each of the seven council districts. The ballot …

The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial purposes. The mayor shall have the power to veto all ordinances and resolutions of a general and permanent nature, but shall otherwise have no…

The council shall be the governing body of the municipality and shall exercise all legislative functions of the municipality. All powers of the municipality, including all powers vested by this article, by the constitution and by the general and local laws of this state, and the …

City Manager; Removal; Actions by Council or Its Members Prohibited or Restricted. (a) The council, by a majority vote of the whole qualified membership of the council, shall appoint a city manager who shall be an officer of the city and shall have the powers to perform the dutie…

Appointment of Administrative Officer to Perform Duties of Manager During Temporary Absence or Disability. (a) The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in…

Duties. If the clerk of any municipality which adopts the council-manager form of government under this article holds office subject to any civil service law or merit system, such clerk shall continue to be the clerk under the council-manager form of government hereunder, and his…

The council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings of the council shall be open to the public to the extent required by law. History: (Acts 1991, No. 91-545, p. 973, §18.)

Investigation; Judicial Review. The council shall be the judge of the election and qualifications of its members and, for the purpose of investigating such election and qualifications, shall have the power to subpoena witnesses and to require the production of records, but the de…

The council shall determine its own rules and order of business, and such rules shall be established by ordinance. History: (Acts 1991, No. 91-545, p. 973, §20.)

Qualifications and Eligibility of Candidates; Runoff Election; Term of Office; Exception for Class 6 Cities. (a) In all cities to which this section applies, except Class 6 cities wherein the municipal governing body has elected to have a nine-member council, as authorized in Sec…

Other Meetings; Quorum; When Vote of Majority of Quorum Sufficient; When Vote of Majority of Council Required; Procedure; Record of Proceedings; Journal; Unanimous Consent for Passage of Certain Ordinances at Meeting Where Introduced; Publication of Ordinances. The council shall …

Publication at Expense of Grantee. No ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public property of the municipality shall take effect or be enforced until 30 days after final enactm…

The council may provide for the codification of its ordinances and permanent resolutions and any revisions thereof. History: (Acts 1991, No. 91-545, p. 973, §23.)

Accounts; Publication of Results. The city manager shall each month make available to the council a detailed statement of all receipts and expenses of the municipality, and the council shall make available to the city manager a summary of its proceedings during the preceding mont…

Budget; Changes in Budget. (a) The fiscal year of the municipality shall begin on the first day of each October in each year and shall end on the last day of September. Such fiscal year shall also constitute the budget and accounting year. As used in this article, the term “budge…

Election; Assignment of Duties for City Clerk as Clerk-Treasurer. (a) The council may establish, by ordinance, the office of municipal treasurer and shall assign to such office the duties and responsibilities which it deems necessary. The treasurer shall be the custodian of the f…

The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least two officers of the municipality who shall be designated by the council by ordinance. All funds of the municipality shall be deposited in…