Title 11 — Title 11

Any Class 2, 3, 4, 5, 6, 7, or 8 municipality in the State of Alabama may adopt the council-manager form of government by proceeding in the manner hereafter in this article provided. This article shall be known as the “Council-Manager Act of 1982.” History: (Acts 1982, No. 82-517…

Council Members. Notwithstanding any other provision of this article, after the judge of probate has certified to the mayor or other chief executive officer of the municipality the sufficiency of a petition asking that the question of the adoption of the council- manager form of …

Any municipal corporation which adopts the council-manager form of government 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 has adopted t…

Any person holding an office or position in the civil service of the municipality under any civil service law or merit system applicable to the municipality when the council-manager form of government under this article shall be made effective shall continue to hold such office i…

of Office, Department, Etc., Reassigned. If the powers and duties of any office, department, board, or agency of the municipality are by this article assigned to another office, department, board, or agency, then all records, property, and equipment relating exclusively thereto s…

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

All contracts and other obligations entered into by the municipality, or for its benefit, prior to the adoption by the municipality of the council-manager form of government under this article shall continue in full force and effect. Public improvements for which legislative step…

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

with Independent Status until Otherwise Provided. All laws relating to any school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board or commission, zoning board, board of adjustment, park or recreation board, ind…

or Repealed. All ordinances and resolutions of the municipality in effect at the time of the adoption of the council-manager form of government under this article shall continue in effect unless and until changed or repealed by the council. History: (Acts 1991, No. 91-545, p. 973…

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to, any municipal position or appointed municipal administrative office because of race, sex, political or religious opinions or affiliations. History: (Acts 1991, No. 91-…

Meetings and Take Part in Discussions; City Manager to Be Notified of All Council Meetings. The city manager, the directors 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 council, but…

Affairs, Etc. The council and 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, commission, agency, or officer of the municipality. Either of them may make investigations o…

Government”; Vesting of Municipal Powers in Council. The municipal government of any such city or town proceeding under this article shall be known as the “council-manager form of government.” Pursuant to the provisions and limitations of this chapter and subject to the limitatio…

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 mayo…

The city manager, and other officers or employees whom the council may by ordinance require, shall give bond in such amount, for such matters and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the municipality. History: (Acts 1991,…

The mayor and 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 clerk: “I solemnly swear (or affirm) that I am eligib…

Between October 1, 1991, and March 31, 1992, any municipality adopting the council-manager form of government under this article, regardless of which effective date is chosen in the ordinance referenced in Section 11-43A-70, shall conduct a referendum for the purpose of determini…

At such referendum, the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any other office or question and shall read as follows: “Check one of the following: ”(1) The City of _______ shall adopt and operat…

If the majority of votes are in favor of the council-manager form of government, then the council-manager form of government under this article shall, without further action, be adopted (or continued, if then currently in effect) by the municipality on the first Monday in October…

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

The municipality shall have all the powers granted to municipal corporations by the Constitution and the laws of the 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 co…

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

(a) 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 or to a position as a member of the council. (b) The ballot shall conform, as ne…

The mayor and each councilman shall receive as compensation for their services the sum established by the municipal governing body at least six months prior to the date of the election. History: (Acts 1982, No. 82-517, p. 851, §15.)

Vacancies; Exceptions in Class 6 Cities and Class 7 Municipalities. (a) 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 and by the Governor for purpose of military law, but shall ha…

All powers of the municipality including all powers vested in it by this chapter and by the Constitution, the general and local laws of this state, and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, the council shal…

Removal; Dealings with Administrative Service. 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 duties in this article provided. No council…

Assign Additional Functions or Duties Thereto. The council, by ordinance, may create, change, and abolish offices, departments, boards, or agencies other than the offices, departments, boards, or agencies established by this article. The council, by ordinance, may assign addition…

Manager Form of Government; Examination of Petition and Certification to Mayor. The filing of a petition signed by 10 percent or more of the number of qualified voters who voted in the last general municipal election held in such municipality, asking that the question of the adop…

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

The first meeting of each newly elected council for induction into office shall be held at 10:00 in the morning on the first Monday in October next following its election, after which the council shall meet regularly at such times as may be prescribed by its rules, but not less f…

Council Members by Council; 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,…

The council shall determine its own rules and order of business and such rules shall be established by ordinance. History: (Acts 1982, No. 82-517, p. 851, §23.)

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 of any franchise, lease of right to use the streets, public highways, thoroughfares, or public property of the city shall take effect and be enforced until 30 days after final enactment o…

Code. The council may provide for the revision and codification of its ordinances and permanent resolutions or for the adoption of a code or codes. History: (Acts 1982, No. 82-517, p. 851, §25.)

Accounts; Publication of Results. The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the municipality and a summary of its proceedings during the preceding month and at the end of each year the counci…

Administrative Officer to Perform Duties of Manager During Temporary Absence or Disability. 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, or his knowledge …

Budget; Changes in Budget. 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 each September. Such fiscal year shall also constitute the budget and accounting year. As used in this article the term “budge…

Judge of Probate. The mayor or other chief executive officer of such municipality shall immediately upon receipt of such certificate from the judge of probate, by proclamation, submit the question of the adoption of the council-manager form of government for such municipality und…

Any law to the contrary notwithstanding, an election shall be held in every Class 6 municipality wherein the municipal governing body has elected to have a nine- member council, at the same time that the election for members of the Alabama legislature is held in 1983; and the que…

in 1983. The provisions of section 11-43A-3.1, authorizing an election in certain Class 6 municipalities in 1983 on the question of the adoption of the council-manager form of government provided in the Council-Manager Act of 1982 and providing for the effective date of such chan…

Government. (a)(1) In addition to any mayor-council form of government authorized in this chapter, the governing body of a Class 7 municipality may elect by resolution to adopt a council-manager form of government comprised of a mayor and four council members elected at-large. No…

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

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 and the council shall designate the said two officers by ordinance. All funds of the municipality shall …

6 Cities. (a) Except as otherwise provided for in Section 11-43A-1.1 and subject to subsection (b), there shall be established three council districts to be designated respectively as district post 1, district post 2, and district post 3, and in such Class 6 cities, there shall b…

Council; Redistricting Ordinances; Effect on Incumbents and on Elections Held Within Six Months. Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population published following the last federal census …

Departments, Etc. Nothing in this article contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or of any office, department, board, or agency existing at the time when this article shall take effe…

Contrary Provision Is Made; Transfer of Powers and Duties of Abolished Offices, Etc. All persons holding administrative office at the time the council-manager form of government is adopted shall continue in office and in the performance of their duties until provision shall have …