Title 45

The change, however, shall first be initiated by petition and submitted to a vote of the qualified electors at an election and shall receive at the election a majority of the votes ‘‘yes’’ or in favor thereof in the same manner and subject to the same requirements as provided in …

No election on the abandonment of the council-manager form of government shall be held within two years after any other election thereon. (Acts 1977, No. 71, p. 78, § 10.03.)

The municipal government of any city proceeding under this part shall be known as the council-manager form of government. Pursuant to the provisions and limitations of this part and subject to the limitations imposed by the Constitution of Alabama of 1901 and its laws, all powers…

All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force on March 4, 1977, are hereby continued in effect; but all such laws relating to the exercise of powers, functions, and duties by the co…

If any section or part of section of this part shall be held invalid by a court of competent jurisdiction, the holding shall not affect the remainder of this part nor the context in which the section or part of section so held invalid may appear, except to the extent that an enti…

This part shall be known and may be cited as the ‘‘City Manager Act of 1977.’’ (Acts 1977, No. 71, p. 78, § 11.03.)

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 property within or without its corpora…

The council in the municipality shall have five members with two elected at-large by all of the voters of the municipality and three elected from districts by voters within each district, the council elected in the manner prescribed in Section 45–57A–63.06. The regular municipal …

(a)(1) This section shall become effective beginning the next term of office of the city council following April 6, 2022. (2) The members of the city council shall receive an annual salary of twenty-eight thousand dollars ($28,000) per year, in lieu of any and all salary, expense…

(a) The council shall have five members with two elected at-large by all of the voters of the city and three elected from districts by voters within each district, the council elected in the manner prescribed in Section 45–57A–63.06. An election of council members shall be held o…

(a) Any person desiring to become a candidate at any election for the office of council member may become a candidate by filing in the office of the judge of probate of the county in which the city is situated, a statement in writing of the candidacy, accompanied by an affidavit …

Each candidate shall file with the judge of probate, within 10 days after the election in which he or she has been a candidate, an accounting of all campaign contributions and expenditures exceeding ten dollars ($10) and shall comply with provisions in existing law which require …

At every election all ballots to be used by voters shall be printed and prepared by the election commission or other body having charge of the conduct of municipal elections in the city, and shall contain the names of all candidates for each post directly underneath the words “fo…

Council members shall be qualified electors of the city, and shall hold no other public office except that of notary public or member of the national guard or naval or military reserve. If the council member shall cease to possess any of these qualifications or shall be convicted…

Effective at the beginning of the next term of office after May 3, 1988, the mayor shall receive as compensation for his or her services the sum of six hundred dollars ($600) per month, provided that the total does not exceed seven thousand two hundred dollars ($7,200) per annum.…

The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no regular administrative duties. The council shall elect from its membership at…

All powers of the city, including all powers vested in it by this part, by the laws, general and local, of the state, and by Title 11, and the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power…

(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 and perform the duties in this part provided. No council member shall receive the appointment during the…

The council shall appoint the city manager for an indefinite term, but the council may remove him or her at any time by a majority vote of the whole qualified membership of the council. (Acts 1977, No. 71, p. 78, § 3.09.)

Neither the council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the city manager or by any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in …

If a council post is vacated with 12 months or more remaining in the term, a special election shall be called by the mayor. The special election shall be held and conducted, the returns thereof made and certificates given, and the election regulated in all respects by the provisi…

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 part. The council by ordinance may assign additional functions or duties to offices, departments, board…

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

The first meeting of each newly elected council for induction into office shall be held at ten o’clock in the morning on the first Monday in November next following its election, after which the council shall meet regularly at such times as may be prescribed by its rules, but not…

The council shall be the judge of the election and qualifications of its members and for the purpose of investigating the election and qualifications may subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to…

The council shall determine its own rules and order of business. (Acts 1977, No. 71, p. 78, § 3.16.)

The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be fixed by the order of the council, and publicly announced. The council may hold adjourned, called, special, or other meetings as the business of the…

Subject to any state law applicable to all municipalities or any federal law that provides otherwise, no resolution or 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 council may provide for the revision and codification of its ordinances and permanent resolutions, or for the adoption of a code or codes. (Acts 1977, No. 71, p. 78, § 3.19.)

The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the city, and a summary of its proceedings during the preceding month. At the end of each year, the council shall cause a full and complete examinati…

The city manager shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set fo…

The city manager shall be the head of the administrative branch of the city government. He or she shall be responsible to the council for the proper administration of all affairs of the city and, subject to the provisions of any civil service or merit system law applicable to the…

There shall be employed an assistant city manager. The assistant city manager shall perform the duties of the city manager during the temporary absence or temporary disability of the city manager. The council may by resolution appoint a qualified administrative officer of the cit…

(a) There shall be a department of finance, and such other departments as may be established by ordinance upon the recommendation of the manager. In addition, the position of city planner shall be established. (b) Prior to any employee disciplinary action, the city manager shall …

At the head of each department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to supervision and control of the city manager. Two or more departments may be headed by the same individual. The city ma…

The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the city manager. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of …

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. The fiscal year shall also constitute the budget and accounting year. As used in this part, the term budget year shall mean the fiscal …

The city manager, at least 35 days prior to the beginning of each budget year, shall submit to the council a budget proposal and an explanatory budget message in the form and with the contents provided by Sections 45–57A–63.91 to 45–57A–63.94, inclusive. For such purpose, at such…

The budget proposal and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. The city manager shall cause sufficient copies of the budget proposal and budget message to be prepared for distributi…

At the meeting of the council at which the budget proposal and budget message are submitted, the council shall determine the date and time of the public hearing on the budget proposal, and shall cause to be published a notice of the place and date, not less than seven days after …

At 7:00 p.m. on the date advertised, or at any night to which the public hearing shall from time to time be adjourned, the council shall hold a public hearing on the budget proposal, at which all interested persons shall be given an opportunity to be heard, for or against the est…

After the conclusion of the public hearing the council may insert new items or may increase or decrease the items of the budget proposal, except items in proposed expenditures, fixed by law or prescribed by subdivisions (1) to (9), inclusive, of Section 45–57A–63.103. The council…

After the public hearing prescribed in Section 45–57A–63.84, the council may at its next or any subsequent regular public meeting or any adjournment thereof adopt as the budget, the budget proposal without amendment or change. In this event it shall not be necessary that the coun…

The budget shall be adopted by the favorable votes of at least a majority of the whole qualified membership of the council. (Acts 1977, No. 71, p. 78, § 5.08.)

The budget shall be finally adopted not later than the first day of October of each year. If for any reason the council fails to adopt the general fund budget on or before that day, the general fund budget of the current fiscal year shall be the general fund budget for the ensuin…

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or o…