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).
County and Municipal Government first Amendment Offered
Pending third reading on day 25 Favorable from County and Municipal Government with 1 amendment
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the House of Representatives committee on County and Municipal Government
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 455
Smitherman motion to Adopt adopted Roll Call 454
Smitherman Amendment Offered
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
Source: Alabama Legislature