Title 45

A member shall reside in the district which the member was elected to represent during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the…

A candidate for each place on the board of education shall be at least 21 years of age, a resident of the board of education district which he or she seeks to represent for at least 365 consecutive calendar days immediately preceding the deadline date for qualifying as a candidat…

(a) The election to elect the members of the board of education shall be held at the same time as the citywide election to elect the members of the Phenix City Council in August 2020. (b) The election and the run-off election, if necessary, and all subsequent elections held pursu…

(a) Upon the assumption of office of the elected members of the board of education, the Phenix City Board of Education shall be created as provided in this part and the terms, powers, duties, responsibilities, and compensation of the office of the prior members of the board of ed…

A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. A member may not be appointed by the city council to fill the vacancy on the board of education. If the vacancy is not fille…

The compensation for each member of the board of education shall be five hundred dollars ($500) per month, including the reimbursement of any out of pocket expenses incurred while performing the duties of an elected member of the board, payable from city school system funds. (Act…

Fiscal audits shall be completed by a licensed audit firm approved by the Phenix City Board of Education. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other pu…

Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence, as recognized by the board through written policy, shall receive a written request from the chair of the board of education to …

The chair of the board shall have all of the following duties: (1) Preside over all board meetings. (2) Set the meeting dates and times of all board meetings consistent with state law. The chair shall endeavor to set meeting times which will afford residents of the city the best …

This part shall apply to and have application in the municipality of Phenix City. (Acts 1947, No. 13, p. 7, § 1.)

(a) As used in this part, unless the context requires a different meaning, the following terms shall have the following meanings: (1) BOARD. The board of trustees of the fund. (2) CITY. The municipality of Phenix City. (3) FIREFIGHTER. Any regular full-time member of the fire dep…

There is created and established a fund for the benefit of the persons hereinafter described, the revenues of which shall be derived from the sources enumerated in Section 45–57A–62.03. The fund shall be known as the Fireman’s and Policeman’s Pension and Relief Fund. (Acts 1947, …

(a) The revenues of the fund shall be derived and obtained from the following sources: (1) From the salary of each firefighter and each policeman there shall be deducted as the salary becomes payable, a sum equal to eight percent of the amount of the salary; whenever a member of …

To manage, supervise, control, and distribute the fund, there shall be a board of trustees, to be known as the Board of Trustees of the Firemen’s and Policemen’s Pension and Relief Fund, which shall have the following five members: (1) The officer of the city having supervision o…

(a) One member of the board shall be elected, from among their number, by the policemen who are eligible to participate in the fund; one member shall be elected, from among their number, by the firefighters who are eligible to participate in the fund. A separate election shall be…

The board shall have exclusive management and control of the fund and all matters connected therewith. The board shall have power to adopt and enforce rules and regulations as may be necessary to enable the board to carry into execution the purposes for which the fund is establis…

The city clerk shall be the secretary of the board. It shall be his or her duty to keep a full and complete record of all proceedings of the board; he or she shall perform such other duties as may be assigned to him or her. The city clerk shall also be treasurer of the fund and t…

The board may invest money held in the fund, or such portion of it as may be safely withdrawn for the purpose, in interest bearing bonds, warrants, or other obligations of the United States of America, of the State of Alabama, or of the city, any FDIC insured bank, or any savings…

On or before the first day of February of each year, the board shall make reports of the conditions of the fund, as of December 31st of the preceding year, to the governing authority of the city, to the fire department, and to the police department. (Acts 1947, No. 13, p. 7, § 10…

The board shall appoint a bank or trust company doing business in the city as a depository in which the treasurer shall deposit all money belonging to the fund. If any funds are dissipated or lost by reason of the insolvency or failure of the depository, the dissipation or loss s…

No warrant or check shall be drawn on the fund except by an order of the board entered in the record of its proceedings. The depository shall not pay out funds except on a warrant or check signed by the chair and countersigned by the secretary. (Acts 1947, No. 13, p. 7, § 12.)

The board may pay out of the fund reasonable and necessary expenses incurred in the administration of this part. (Acts 1947, No. 13, p. 7, § 13.)

It shall be the duty of the city attorney, upon request, to give advice to the board in all matters pertaining to its duties and the management of the fund, and to represent or defend the board in all suits and actions at law or in equity. The board shall have the authority to em…

The board may retire without regard to the length of service, any fireman or policeman who attains the age of 65 years. Any person so retired, who has as much as 20 years of creditable service, shall be paid monthly from the fund as provided in Section 45–57A–62.15. Any person so…

(a) Any firefighter or policeman who was employed by the city as a firefighter or policeman prior to the 1978 amendment to this part, which was effective May 1, 1978, and who was also employed on the 6th day of November, 1979, and who has served as a firefighter or policeman for …

Whenever the board determines that a firefighter or policeman has become temporarily disabled, mentally or physically, as a result of an injury received in the performance of duty, the disabled firefighter or policeman shall be paid monthly, out of the fund, during the period of …

When any firefighter or policeman is confined to his or her bed or is under the care of a physician for 15 days or more by reason of sickness or other disability not otherwise provided for, he or she shall be paid weekly, but not for more than 12 weeks, from the fund, the sum of …

After any firefighter or policeman has been retired by reason of a disability, as provided in Sections 45–57A–62.16 and 45–57A–62.17, the board shall have power to cause the person to be brought before it and examined by the city’s physician, or other competent physicians and sur…

(a) If any firefighter or policeman is killed while in the performance of his or her duty, or dies as a result of an injury received in the line of duty, or dies from any cause while in service as a result of his or her service, or dies from any cause while in service or on the r…

There shall be kept by the secretary a book, to be known as the list of retired firefighters and policemen, which shall contain a complete record of the action of the board in retiring or refusing to retire any person under this part. For each person retired, the records shall sh…

Every application for the payment of benefits under this part and the evidence supporting those claims shall be retained by the board as a part of its records. (Acts 1947, No. 13, p. 7, § 22.)

Pensions and benefits payable under this part shall be made on a salary percentage basis; they shall increase or decrease in accord with the increase or decrease of the salaries of active members of the fire and police departments. (Acts 1947, No. 13, p. 7, § 23.)

If at any time there is an insufficient amount of money in the fund to pay each person entitled to the benefits, each beneficiary shall receive payment on a pro rata basis. (Acts 1947, No. 13, p. 7, § 24; Acts 1967, No. 602, p. 1390, § 4; Acts 1975, No. 438, p. 1049, § 3; Acts 19…

(a) No pension or other benefits, except for disability incurred in line of duty, shall commence or be payable under this part prior to the first day of October 1948. And under no circumstances shall any beneficiary be paid a pension or other benefit of more than two hundred fift…

(a) If any firefighter or policeman is discharged or if for any other reason leaves his or her employment before he or she becomes entitled to the retirement benefits provided in this part, he or she forfeits his or her rights under this part. But he or she shall be entitled to a…

No portion of the fund, whether in cash, credits, or securities, either before or after its distribution by the board to the person or persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied upon by virtue of any attachment, garnishment, executio…

On October 1, 1975, all employees and future employees in the fire and police service shall be members of the Firemen’s and Policemen’s Pension and Relief Fund and afforded all the benefits thereof. (Acts 1947, No. 13, p. 7, § 28; Acts 1967, No. 602, p. 1390, § 6; Acts 1975, No. …

(a) It is the intent of this section to permit the City Council of the City of Phenix City and the board of trustees of the Firemen’s and Policemen’s Pension and Relief Fund to elect by resolution to have the employees of the city’s fire and police departments participate in the …

(a) Any city in the state, which has a population of not less than 23,000 nor more than 27,000 inhabitants according to the 1970 or any subsequent federal decennial census, may adopt the council-manager form of government by proceeding in the manner hereafter in this part provide…

The filing of a petition signed by 10 percent or more of the number of qualified voters who voted in the last city general election held in the city, asking that the question of the adoption of the council-manager form of government for the city be submitted to the qualified vote…

The mayor or other chief executive officer of the city shall immediately upon receipt of the certificate from the judge of probate, by proclamation, submit the question of the adoption of the council-manager form of government for the city, under this part, at a special election …

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

(a) At the election the question to be submitted shall be printed in plain prominent type on separate ballots and shall read as follows: “Shall the council-manager form of government, as provided by the City Manager Act of 1977 be adopted for the City of Phenix City? “Yes . “No .…

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. If the majority of the votes shall be ‘‘yes’’ or in favor of the question, the provisions of this subpart shall thereby…

Within five days of the date of his or her receipt of the certificate of adoption the judge of probate with whom the certificate was filed shall call an election to be held on the first Tuesday in September after the first full month of July following the adoption of this part. T…

The council members provided for in this subpart shall be known collectively as the Council of the City of Phenix City and shall have the powers and duties hereinafter provided. The council first elected shall qualify and take office in the manner hereinafter prescribed on the fi…