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SB395 Alabama 2010 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Harri Anne Smith
Harri Anne Smith
Republican
Session
Regular Session 2010
Title
Municipalities, elected officials, mayor and council members, attendance at meetings, removal from office for missed meeting under certain conditions, exception for military service, reinstatement
Summary

SB395 creates automatic removal from office for certain Alabama municipal officials who miss all council or commission meetings for 90 consecutive days, with attendance records, a path to reinstatement for extenuating circumstances, and an exception for military service.

What This Bill Does

If a municipal official misses all regular and special called meetings for 90 consecutive days, starting from the date of the absence, they would be removed from office by operation of law. The clerk must keep a record of attendance at every council or commission meeting, even when there is no quorum. At the next meeting after removal, the council or commission may reinstate the official for mitigating or extenuating circumstances, by a majority vote of the remaining voting members, including the mayor if the mayor is a voting member. If the council or commission does not reinstate the official, the vacancy would be filled as provided by law; the act also provides an exception for military service.

Who It Affects
  • Elected municipal officials (mayors, council members, and commission members) who miss meetings and could be removed after 90 consecutive days of absence.
  • Municipal governing bodies (council or commission) and their staff (clerks) who must record attendance and decide on reinstatement or vacancy filling.
Key Provisions
  • Defines 'elected municipal official' as a mayor, council member, or commission member whose attendance counts toward establishing a quorum.
  • Any elected municipal official who misses all regular and special meetings for 90 consecutive days is removed from office by operation of law.
  • The clerk must record attendance at each regular or special meeting, regardless of whether a quorum is present.
  • The council or commission may reinstate the removed official at the next meeting for mitigating or extenuating circumstances by a majority vote of the remaining voting members (including the mayor if the mayor is a voting member).
  • If not reinstated, the vacancy is filled as provided by law.
  • The provision does not apply to absence due to military service.
  • The act becomes effective on the first day of the third month after its passage.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Municipalities

Bill Actions

Delivered to Secretary of State at 7:04 p.m. on April 22, 2010

Assigned Act No. 2010-611.

Enrolled

Signature Requested

Barron motion to Read a Third Time, Veto to the Contrary Not Withstanding adopted Roll Call 1244

Second House Non-Concurs in Executive Amendment

Motion to Read a Third Time, objection to the Contrary Not Withstanding adopted Roll Call 1142

Page motion to Non Concur adopted Roll Call 1141

Page motion to Carry Over Temporarily adopted Voice Vote

House of Origin Concurs in Executive Amendment

Smith motion to Concur In and Adopt adopted Roll Call 1185

Executive Amendment Offered

Forwarded to Governor

Signature Requested

Enrolled

Passed Second House

Motion to Read a Third Time and Pass adopted Roll Call 1058

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on County and Municipal Government

Motion to Read a Third Time and Pass adopted Roll Call 311

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Governmental Affairs

Bill Text

Votes

Motion to Read a Third Time and Pass

February 18, 2010 Senate Passed
Yes 30
Absent 5

Smith motion to Concur In and Adopt

April 22, 2010 Senate Passed
Yes 25
Abstained 2
Absent 8

Barron motion to Read a Third Time, Veto to the Contrary Not Withstanding

April 22, 2010 Senate Passed
Yes 18
No 5
Absent 12

Motion to Read a Third Time, objection to the Contrary Not Withstanding

April 22, 2010 House Passed
Yes 60
No 15
Abstained 3
Absent 25

Page motion to Non Concur

April 22, 2010 House Passed
Yes 64
No 1
Abstained 6
Absent 32

Documents

Source: Alabama Legislature