Title 45

The Board of Trustees of the Montgomery Firefighters Pension Fund shall consist of the chief, or other person acting in such capacity, of such fire department of the city, and five other members of the fire department of the city, who shall be selected as is hereinafter set forth…

The members of the board of trustees, other than the chief of the fire department, shall be elected annually during the month of January. The date and manner for holding such election, and notice thereof to the members, shall be set by the rules and regulations of the board of tr…

The chief, or other person acting in such capacity, of the fire department shall be the president of the board of trustees, and at the first meeting after each election as provided hereinabove, the board of trustees shall elect a secretary who shall perform such duties as may be …

The Comptroller of the City of Montgomery, or his or her duly appointed assistant, shall, subject to the right of change hereinafter provided, be the custodian of all assets belonging to the Montgomery Firefighters Pension Fund. The comptroller, or his or her duly appointed assis…

The Board of Trustees of the Firefighters Pension Fund is declared to be the trustee of the Firefighters Pension Fund, and shall have the exclusive management and control thereof, and all matters legitimately connected therewith; and the board shall have power to adopt and enforc…

The Montgomery Firefighters Pension Fund shall consist of the following: (1) Of all monies that may be given or donated to the fund by any person, firm, association, or corporation for the uses and purposes for which the fund is created; and the board may take by gift, grant, dev…

The members of the board shall be trustees of all the assets of the fund and shall have full power to invest and reinvest such assets in such stock, bonds, and other securities and properties as they may deem advisable, including preferred stocks, common stocks, debentures and un…

The Board of Trustees of the Montgomery Firefighters Pension Fund shall make an annual report to the members of the condition of the Montgomery Firefighters Pension Fund. (Acts 1971, No. 1606, p. 2761, § 10.)

The Board of Trustees of the Montgomery Firefighters Pension Fund shall designate the depository or depositories of the Montgomery Firefighters Pension Fund, and it shall be the duty of the custodian of the fund to make deposits of the fund as directed by the board of trustees. (…

All payments from the fund shall be made only upon regular vouchers signed by the custodian of the fund unless a bank has been designated as custodian, in which event all payments from the fund shall be made only upon regular vouchers signed by the secretary and one board member …

No portion of the Montgomery Firefighters Pension Fund, before or after its order for distribution by the board of trustees to the person or persons entitled thereto under this subpart, shall be held, seized, taken, subjected to, detained, or levied upon, by virtue of any attachm…

If at any time there shall not be sufficient money in the Montgomery Firefighters Pension Fund to pay each person entitled to the benefit thereof the full amount per month as herein provided, then an equal percentage of such monthly payment or payments shall be made to each benef…

The Board of Trustees of the Firefighters Pension Fund as trustees of all assets of the fund shall have the power by a majority vote to repeal, alter, amend, delete, or otherwise in their discretion the authority to change the benefits available to the members of the fund, provid…

It shall be the duty of the city attorney of the city to give advice to the board of trustees in all matters pertaining to the duties of the board of trustees and the management of the fund, whenever requested to do so, and he or she shall represent and defend the board of truste…

The board of trustees shall be authorized to pay out of the fund all reasonable and necessary expenses that may be incurred by it in and about the performance of its duties under this subpart and in and about the management and administration of the fund; provided that in no even…

Each fire insurance company doing business in the city shall file with the board of trustees, on or before the first day of February of each year, a statement or report in writing showing the gross amount of premiums, less returned premiums, received by the fire insurance company…

The board may designate an actuary to be the technical advisor to the board on matters regarding the operation of the fund who shall perform such duties as are required of him or her by the board. (Acts 1971, No. 1606, p. 2761, § 23.)

(a) The board may employ the services of an investment trustee, which shall be such bank or other recognized financial advisory service as the board of trustees may select. The board of trustees may terminate the services of the investment trustee upon 30 days’ written notice to …

The Board of Trustees of the Firemen’s Pension and Relief Fund, provided for under subdivision 2, Article 12, Title 62, 1940 Code of Alabama, as amended (1915 Local Acts of Alabama, page 898) shall be the Board of Trustees of the Montgomery Firefighters Pension Fund created hereu…

Whoever with intent to deceive shall make any statements or reports required under this subpart which are untrue, or which falsify or permit to be falsified any record or records of the fund shall be subject to a fine not to exceed one hundred dollars ($100) or to imprisonment fo…

Should any change or error in the records of the fund result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had such change or error not been made, the board shall have the power to correct such error, and so f…

For purposes of this subpart the following words shall have the following meanings: (1) APPEALS BOARD. The Personnel Appeals Board. (2) AUTHORITY. The Housing Authority of the City of Montgomery, Alabama. (3) CLASSIFIED EMPLOYEE. An employee who is assigned to an ongoing position…

The authority shall establish and administer its own personnel merit system based on principles of human resources management which shall include equity, fairness, and compliance with all applicable state and federal laws. This shall be a merit based personnel system which seeks …

(a) The authority shall establish a department, and it shall adopt rules, policies, and procedures necessary for the creation and operation of the department. (b) The department shall assist the authority in the creation and implementation of a personnel system. The department sh…

(a) All classified employment with the authority shall be contingent upon all of the following: (1) Availability of funds. (2) The authority’s need for the work to be done. (3) The employee’s compliance with all rules, policies, and procedures established in accordance with this …

The rules, policies, and procedures necessary to implement this subpart shall be promulgated by the department and approved by the authority within 90 days after August 1, 2013. The rules, policies, and procedures adopted by the authority shall be based on the principles that all…

The authority shall hear all actions regarding final employees’ actions by the authority, and as requested by the affected employee. In lieu of hearing an appeal of action, the authority may appoint a committee to hear the appeal. The authority shall promulgate the necessary rule…

All classified employees shall be hired from a certified register of job applicants who meet the job related qualifications as provided by the department. All personnel activities shall be in accordance with the rules, policies, and procedures enacted by the authority. (Act 2013-…

(a) An employee may participate in city or state political activities to the same extent of any citizen of Alabama and this activity must occur after the work hours and on the personal time of the employee. This activity may include endorsing a candidate and contributing to campa…

All employment records related to the employment of current employees of the authority existing prior to August 1, 2013, shall be transferred to the department. (Act 2013–326, p. 1144, § 9.)

The retirement fund of each participating employee of the authority shall remain with the Montgomery Housing Authority Retirement System, unless the authority creates its own retirement system and, if so, the existing retirement fund of each participating employee of the authorit…

(a)(1) Notwithstanding Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), the City of Montgomery, by action of the city council, and the Montgomery Airport Authority, by action of its governing board, may take any action necessary to participate in the Employees’ Retirement…

Any city in the State of Alabama which has a population of more than 70,000 and not exceeding 135,000 according to the last federal census, or which may hereafter have such population according to any federal census that may be taken hereafter, may adopt the mayor-council form of…

The filing of a petition signed by 10 percent or more of the qualified electors of such city, asking that the proposition of the adoption of the mayor-council form of government for such city be submitted to the qualified voters thereof, with the judge of probate of the county in…

The governing body of the city shall immediately upon receipt of such certificate from the judge of probate, by order, submit the question of the adoption of the mayor-council form of government for such city, under this part, at a special election to be held at a time specified …

If the mayor-council form of government is not adopted at the special election so called, the question of adopting such form of government shall not be resubmitted to the voters of such city for adoption within two years thereafter, and then the question of adopting the form of g…

At such election 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: “Shall the Mayor-Council form of government, as provided by the Mayor-Council …

The election thereupon shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law in respect to other city elections in such city, and only qualified electors of such city shall vote thereat. If the majority of the votes shall be yes or …

(a) Upon the adoption of such form of government, the judge of probate with whom the petition was filed shall call an election to be governed by this part, to be held no later than the first Tuesday in September preceding the expiration of the term of office of the members of the…

The councilmen provided for in this section shall be known collectively as the Council of the City of .......... (Name of said city to be inserted) and shall have the powers and duties hereinafter provided. The councilmen first elected shall qualify and take office in the manner …

The fiscal year of the city government shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this part, the term budget year shall mean the fiscal…

(a) On a day to be fixed by the council, but in no case later than the 20th day of August in each year, the mayor shall submit to the council all of the following: (1) A separate current revenue and expense budget for the general operation of the city government, to be known as t…

It shall be the duty of the head of each department, and each other office or agency supported in whole or in part by the city, to file with the director of finance, at such time as the mayor may prescribe, estimates of revenue and expenditure for that department, office, or agen…

The general fund budget shall include only the net amounts estimated to be received from or to be appropriated to each public utility. The general fund budget shall be prepared in accordance with accepted principles of municipal accounting and budgetary procedure and techniques, …

In no event shall the expenditures recommended by the mayor in the general fund budget exceed the receipts estimated, taking into account the estimated cash surplus or deficit at the end of the current fiscal year, as provided in Section 45-51A-33.123, unless the mayor shall reco…

The budget message shall contain the recommendations of the mayor concerning the fiscal policy of the city, a description of the important features of the budget plan, an explanation of all salient changes in each budget submitted, as to estimated receipts and recommended expendi…