Title 45

All rights, powers, and property of every description which were vested in the city shall vest in it under the organization herein provided for as though there had been no change in the organization of the city; and no right or liability, either in favor of it or against it, and …

The City of Dothan shall be governed and managed by the board of commissioners provided for herein. Except as otherwise provided herein, each and every officer and employee of the city other than the commissioners shall be selected and employed by the board, or under its directio…

The board of commissioners provided for by this part shall hold regular public meetings on the first and third Tuesdays of each month at some regular hour to be fixed by the board from time to time, and publicly announced by it; provided, however, that the board may by ordinance …

The president of the board, when present, shall preside at all meetings of the board, but shall have no veto power. Three members of the board shall constitute a quorum for the transaction of all business to be done by the board, and for the exercise of any power conferred upon i…

The board may assign or delegate to one or more of its members, or to such boards, commissioners, officers, or employees as may be created or selected by it, the performance of such executive and judicial duties and powers as may be necessary or convenient, provided that such ass…

All meetings of the board at which any person not a city officer is present shall be open to the public. (Act 79-537, p. 959, §13.)

No resolution, bylaw, or ordinance granting any franchise, appropriating any money for any purpose, providing for public improvements, enacting any regulations concerning the public comfort, the public safety, or public health, or of any other general or permanent nature, shall b…

Every motion, resolution, or ordinance introduced at any such meeting shall be reduced to writing and read before any vote thereon shall be taken; and the yeas and nays thereon shall be recorded. (Act 79-537, p. 959, §15.)

A record of the proceedings of every such meeting shall be kept in a well bound book and shall be signed by at least three of the commissioners before the action taken at such meeting shall be effective. Every resolution and ordinance adopted by the board of commissioners shall b…

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 organized under this part, either in, under, upon, along, through, or over same shall …

Pending the passage of any such resolution, bylaw, or ordinance, or during the time intervening between its final passage and the expiration of the 30 days during which publication shall be made as above provided, the legally qualified voters of the city may by written petition o…

If at such election the majority of the votes are in favor of the ordinance and the making of the proposed grant, the same shall thereupon become effective; but if a majority of the votes so cast shall be against the passage of the resolution, bylaw, or ordinance and against the …

No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over, the streets, public highways, thoroughfares, or public property of any such city shall be made or given, nor shall any such rights of any kind whatsoever be conferred…

Any waterworks plant and system, a sewer plant and system, an electric plant and system, and a gas plant and system, or any one or more of such plants and systems now or hereafter owned by the City of Dothan shall be authorized to transfer and convey one or more of such plants or…

Except as herein provided for, and at the time of holding the same, all elections herein required shall be held according to the general laws of Alabama. At any such election the proposition to be submitted to the voters shall be: “Shall the governing body of the City of ______ b…

Any person desiring to become a candidate at any election which may be held under this part for the office of mayor or associate commissioner may become such candidate by filing in the office of the mayor or commission of the city, if at the first election of the commission under…

No name shall appear upon the ballot as a candidate for election except the names of such persons as have become candidates according to the provisions hereinabove set forth; and no ballots shall be used at any such election except the official ballot prepared by the city. (Act 7…

In case any person, after having been elected and duly qualified as commissioner, is declared ineligible to hold such office, a successor shall be chosen as in the case of a vacancy caused by death, resignation, or other cause. (Act 79-537, p. 959, §25.)

Every person elected to the office of commissioner, on or before the first Monday of October next succeeding his or her election, shall qualify by making oath that he or she is eligible for the office and will execute the duties of same according to his or her best knowledge and …

Whenever any vacancy occurs in the office of any commissioner, by death, resignation, or removal, then his or her successor shall be appointed by the remaining members of the board of commissioners of the city, not more than 30 days from the time such vacancy occurs; otherwise, t…

The employees of the city shall be selected by the commissioners solely on account of their fitness, and without regard to political affiliations. It shall be unlawful to hold any party caucus or primary for the purpose of nominating any employee to be selected by such commission…

It shall be unlawful for any candidate for office, or any officer in the city, directly or indirectly, to give or promise any person or persons an office, position, employment, benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, o…

Each candidate for city office provided for by this part, not later than 30 days after the election, shall file with the county judge of probate his or her sworn itemized statement in detail of each contribution received by him or her or any person or committee acting in his or h…

No officer or employee elected or appointed in the city shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, in any services to be furnished or performed, for the city; and no such officer or employee shall be interested, dire…

No commissioner or any other official of the city, nor any employee thereof, shall be interested in any corporation operating any public service utility within the city; provided, however, this shall not apply to any employment or interest existing at the time of the selection or…

(a) No officer or employees of the city shall accept or receive, directly or indirectly, from any person, firm, or corporation operating within the territorial limits of the city any railroad, interurban railway, street railway, gas works, water works, electric light or power pla…

The board of commissioners, each quarter, shall print in pamphlet form a detailed statement of all receipts and expenses of the city and a summary of its proceedings during the preceding quarter and furnish printed copies thereof to the daily newspapers of the city, and to person…

At the end of each year the board of commissioners shall cause a full and complete examination of all the books and accounts of the city to be made by competent accountants, and shall publish the result of such examination in the manner above provided for publication of statement…

Any person offering to give a bribe, either in money or other consideration, to any voter for the purpose of influencing his or her vote at any election provided in this part, or any voter entitled to vote at such election, receiving and accepting such bribe or other consideratio…

Any employee of the city who solicits support for any candidate for mayor or associate commissioner, or any such employee who endeavors to influence any voter to vote for or against any candidate for mayor or associate commissioner, shall be deemed guilty of a misdemeanor. (Act 7…

It shall be unlawful for any candidate for mayor or associate commissioner, or for any other person in his or her behalf, to hire or pay, or agree to pay, any person to solicit votes at the polls on election day, and it shall also be unlawful for any person to accept such hire, o…

Should a vacancy exist simultaneously from any cause hereinabove provided for in three commissionerships, so as to leave no quorum of the board to fill same, an election to fill the vacancies shall be called by the remaining commissioners, to be held not less than 20 nor more tha…

The Judge of Probate of Houston County shall record in a well-bound book, kept for that purpose, all papers required to be filed with them under this part, and shall receive therefor the compensation allowed by law for recording deeds. (Act 79-537, p. 959, §40.)

Any person wilfully violating any provision of this part relating to the commission form of government shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), and may, at the discretion of t…

Notwithstanding the provisions of Act 103, 1953 Regular Session (Acts 1953, p. 145), as amended by Act 543, 1977 Regular Session (Acts 1977, p. 711), the City of Dothan by action of the city council may take any actions necessary to participate in the Employees’ Retirement System…

For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Dothan as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney o…

(a) The City of Dothan, Alabama, may establish a pretrial diversion program. (b) All discretionary powers endowed by common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the City of Dothan shall be retained. (c) The pret…

An offender may apply to the city for admittance into the pretrial diversion program. (Act 2012-445, p. 1248, §3.)

Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following …

(a) The city attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state, city, and the of…

(a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation process of the city attorney, the city attorney may require the offender to furnish information concerning past criminal history, …

(a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The a…

(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participating in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim’s Co…

Application fees required by this part shall be collected by the court clerk of the Dothan Municipal Court. The fees shall be disbursed to each entity or department as allocated by Section 45-35A-56.07. (Act 2012-445, p. 1248, §9.)

(a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city at…

(a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion p…