Title 11 — Title 11

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 any municipally owned service enterprise, including…

Upon the adoption of any ordinance providing for the addition or deletion of territory into the city limits of the city, such ordinance shall provide for the inclusion of such territory into one of the districts of the city. History: (Acts 1988, No. 88-445, p. 660, §10.08.)

Government; Ordinance for Election of Commissioners. At any time upon passage of this chapter and said chapter becoming law, any Class 5 municipality may adopt the mayor/commission/city manager form of government by adopting an ordinance by a majority vote of the members of that …

Any such city which adopts the mayor/commission/city manager form of government shall continue its existence as a municipal corporation. The word “city” as hereinafter used shall mean and refer to any city which has adopted the mayor/commission/city manager form of government. Th…

Government. No city may change from the mayor/commission/city manager form of government within two years after adoption thereof. At the end of such period, or at any time thereafter, the city may change its form of municipal government to any form of municipal government provide…

Change; Election of New Officers and Governing Body; Termination of Term of Office of Mayor and Commissioners. Any proposal to change the form of government shall be initiated by a petition signed by at least the number of qualified voters, equal to four for every 100 inhabitants…

No election on the abandonment of the mayor/commission/city manager form of government shall be held within two years after any other election thereon. History: (Acts 1988, No. 88-445, p. 660, §11.03.)

Government; Powers of City Vested in Commission; Exercise of Powers. The municipal government of any such city proceeding under this chapter shall be known as the “mayor/commission/city manager form of government.” Pursuant to the provisions and limitations of this chapter and su…

Chapter Not Exclusive. 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 within or witho…

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 chapter shall take effect, are hereby continued in effect; but all such laws relating to the exercise of powers, functions, a…

This chapter shall be known and may be cited as the “Mayor/Commission/City Manager Act of 1988.” History: (Acts 1988, No. 88-445, p. 660, §12.03.)

(a) The expense for all elections shall be paid by such city. The mayor and all commission candidates shall qualify as provided in Sections 11-44E-71 and 11- 44E-72, respectively, and shall have the qualifications and eligibility set forth in this chapter. Under applicable laws f…

Duties; Qualification and Taking of Office; Commencement of Mayor/Commission/City Manager Form of Government. The commissioners provided for in this section, along with the mayor, shall be known collectively as the commission and shall have the powers and duties hereinafter provi…

(a) Any commissioner whose present term does not expire until October, 1993, shall continue to serve the remainder of his or her term, but shall represent the district in which he or she resides. The commissioners shall qualify and take office in the manner hereinafter prescribed…

Any person desiring to become a candidate in any election for the office of commissioner may become such candidate by filing in the office of the city clerk a statement in writing of such candidacy accompanied by a petition signed by a minimum of fifty registered voters of such c…

Possess Qualifications. The candidates for office of commissioner shall be qualified electors in the city for at least one year prior to qualifying, shall be at least 19 years of age, shall have continuously resided in the district for which he (she) is a candidate for the preced…

The compensation of all commissioners elected during the first election held under the terms of this chapter shall be the sum of $21,000.00 per annum. The fees, salary, or compensation of any commissioner whose election is authorized by this chapter shall not be increased or dimi…

The commission shall be the legislative body of the city. It shall have powers vested in it by this chapter. These powers shall be as follows: (1) To establish administrative departments. (2) To adopt the budgets of the city. (3) To authorize the issuance of bonds or warrants. (4…

Dealings of Commission with Administrative Service. Neither the commission nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position by the city manager or by any of his (her) subordinates, or in any manner take part …

(a) Whenever a vacancy in the office of commissioner shall occur by reason of death, resignation, removal, or any other cause, and the remainder of the term is six months or less, the remaining members shall, by a majority vote, appoint a commissioner to serve the remainder of th…

Merit System; Appointment Where Not Subject to Such System; Duties of City Clerk. If the city clerk of any city which adopts the mayor/commission/city manager form of government holds office subject to any civil service or merit system, such clerk shall continue to be the city cl…

The first meeting of each newly elected commission shall be held at two o’clock in the afternoon on the first Tuesday in October, with all subsequent meetings held at such times as may be prescribed by ordinance of the commission. History: (Acts 1988, No. 88-445, p. 660, §3.09.)

The commission shall be the judge of the election by officially canvassing the votes. History: (Acts 1988, No. 88-445, p. 660, §3.10.)

Proceedings. The commission shall determine its own rules and order of business. It shall keep a journal of its own proceedings and the journal shall be open to public inspection. History: (Acts 1988, No. 88-445, p. 660, §3.11.)

Requirement; Enactment of Resolutions, Bylaws, and Ordinances; Record of Proceedings; Publication of Ordinances. The commission shall hold regular public meetings at a regular hour to be fixed by ordinance of said commission. It may hold such adjourned, called, special, or other …

Waterworks, Sewer, Electric, or Gas Plant and System to Board or Public Corporation. No resolution, bylaw, 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 city o…

The commission may provide at any time it may deem proper, for the revision and codification of its resolutions, bylaws, and ordinances, or for the adoption of a code or codes by ordinance. Such code or codes and the revisions or amendments thereof may relate to the whole system …

At the end of each year, the commission shall cause a full and complete examination of all the books and accounts of the city to be made by a certified public accountant, or by the state department of public examiner of public accounts. History: (Acts 1988, No. 88-445, p. 660, §3…

The mayor shall be elected at the same election at which commissioners for Districts 1, 3, and 5 are elected under the provisions of Article 3 of this chapter and shall hold office for four years. The mayor shall be elected at large. The mayor shall qualify and take office in the…

Any person desiring to become a candidate at any election for the office of mayor may become such candidate by filing in the office of the city clerk a statement in writing of such candidacy, accompanied by a petition signed by a minimum of 100 registered voters of such city endo…

The candidates for office of mayor shall have been qualified electors of the city for at least one year prior to qualifying, shall be at least 19 years of age, and shall hold no other public office, except that of notary public or a member of the National Guard, Naval or Military…

The compensation of the mayor elected during the first election held under the terms of this chapter shall be the sum of $42,000.00 per annum. The fees, salary, or compensation of the mayor whose election is authorized by this chapter shall not be increased or diminished during t…

Qualification, Duties, and Term of Successor. Whenever a vacancy in the office of mayor shall occur by reason of death, resignation, removal, or any other cause, including physical or mental incapacity, the senior member of the commission based on consecutive time in service as c…

The mayor shall have the following powers and duties: (1) To serve as the presiding officer of the commission. (2) To vote and have the same privileges as any member of the commission. (3) To represent the city in ceremonial functions. (4) To serve as chief executive officer. (5)…

The payment of all funds shall be by checks or warrants signed by the city clerk and countersigned by the mayor, provided, however, a facsimile thereof may be used for such signing. During the absence of the mayor from the corporate limits of the city, and necessity therefore ari…

The office of the city manager is hereby created under sole authority of this chapter. History: (Acts 1988, No. 88-445, p. 660, §5.01.)

of Elected Officials. The city manager shall be appointed by a majority vote of the commission. He (She) shall be chosen without regard to political beliefs and solely upon the basis of his (her) executive and administrative qualifications, with special recognition to his (her) a…

The city manager shall be the administrative head of the city. He (She) shall devote all his (her) working time and attention to the affairs of the city and shall be responsible to the commission for the efficient administration of all the affairs of the city over which he (she) …

Manager; Dealings with Administrative Service. Neither the mayor, commission nor any of its members shall direct the employment or removal of any person by the city manager or by any of his (her) subordinates in the administrative service of the city. Appointments or removals of …

Under His (Her) Authority Prohibited; Ineligibility of Candidates for Public Office to Continue Employment. Neither the city manager nor any person appointed by him (her) or seeking appointment by him (her) shall be appointed, promoted, reduced, removed, or in any way favored or …

The city manager, before entering upon the discharge of his (her) duties, shall give bond in the penal sum of not less than $50,000.00 payable to the city and for the benefit of the city, and for the use and benefit of the public, to secure and indemnify the city and any of the p…

The city manager shall receive such compensation as, from time to time, may be approved by the commission as is specified in any employment contract that may exist between the commission and city manager. History: (Acts 1988, No. 88-445, p. 660, §5.07.)

The city manager shall be eligible and may participate in the retirement system and the group insurance plan of the city. History: (Acts 1988, No. 88-445, p. 660, §5.08.)

The tenure, compensation, and duties as provided by law of the city manager shall be enumerated in a contract between the city manager and the city. The contract shall not exceed two years in length with two, one-year renewal options. Commencing on October 1, 2009, the contract s…

In the case of a vacancy in the office of city manager, the commission may appoint an acting city manager who shall possess the powers and duties of the city manager until such time as a new city manager is appointed by the commission. The acting city manager shall be compensated…

Form Violates Federal Voting Rights Act; Division into Single-Member Districts; Residence Requirements for Candidates and Electors. Any Class 8 municipality operating under a commission form of government with its members elected at large and which at large system has been decree…

The ordinance establishing the districts shall describe the territory composing each district and its boundary line shall be the centerline of streets or other well-defined boundaries. History: (Acts 1988, No. 88-555, p. 871, §1.)

Status of Mayor. The governing body of a Class 8 municipality may, by resolution adopted within 60 days after the date on which the United States Justice Department determines not to interpose objection to this article, provide for a referendum of the registered voters of the cit…

At the 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 substantially as follows: Check one of the following: Do you favor the Office of Mayor of…

Time. If a majority of voters vote in favor of the mayor of the Class 8 municipality being full-time, the governing body of the city may provide, by ordinance, that the mayor of the Class 8 municipality shall serve in a full-time capacity, until such time, if any, that the munici…