HB16 Alabama 2011 Session

Under existing law, Section 11-44G-2 of the Code of Alabama 1975, relates to Class 7 and municipalities, which generally applies by class to municipalities with less than 12,000 inhabitants according to the 1970 federal census, and to municipalities incorporated after 1979 under certain conditions. Section 11-44G-2 provides that vacancies in the office of mayor are filled by appointment of the council, or, if the council does not act, by appointment of the Governor or by a special election. A potential conflict exists in the procedure for filling the vacancy in the office of mayor in Class 7 or 8 municipalities having 12,000 or more inhabitants according to the most recent federal decennial census. Section 11-43-42(a) of the Code of Alabama 1975, provides that in municipalities having a population of 12,000 or more, absences and vacancies in the office of mayor are filled by the council president.

This bill would specify that Section 11-44G-2 would not apply to municipalities which have a population of 12,000 or more. The council president would succeed to any vacancy in the office of mayor in these municipalities as provided in Section 11-43-42(a).

Relating to municipalities; to amend Section 11-44G-2 of the Code of Alabama 1975, relating to the filling of a vacancy in the office of mayor in Class 7 and municipalities; to provide that this section would not apply to vacancies in the office of mayor in municipalities having a population of 12,000 or more inhabitants according to the most recent federal decennial census, which would fill vacancies in the office of mayor pursuant to Section 11-43-42(a), Code of Alabama 1975, providing that the council president shall succeed the mayor in the event of a vacancy in the office of mayor.