HB 147

Under existing law, a municipality may adopt the council-manager form of government pursuant to Article 1 of Chapter 43A of Title 11, Code of Alabama 1975, the Council-Manager Act of 1982. In that case, the council is composed of five members

The mayor and one council member are elected at large and three council members are elected from single-member districts. In addition, an alternate form for the composition of the council is provided for in Class 6 municipalities with a mayor and eight council members

This bill would authorize a Class 4, 5, 6, 7, or 8 municipality having the mayor-council form of government to adopt the council-manager form of government having a council composed of either five or seven members with a mayor elected at large and either four or six council members elected either at large or from single-member districts. The bill would also amend existing law to further specify exceptions to existing law to conform to this act

To add Section 11-43A-1.1 to the Code of Alabama 1975, the Council-Manager Act of 1982; to authorize certain municipalities having the mayor-council form of government to adopt alternate forms of organization for the council-manager form of government and to provide for the election of the members of the council; and to amend Section 11-43A-16, Code of Alabama 1975, to further provide for the election of a mayor pro tempore and for the filling of vacancies in the office of mayor and members of the council, and to amend Sections 11-43A-8, 11-43A-9, 11-43A-14, and 11-43A-32 of the Code of Alabama 1975, to conform to this act and to further specify exceptions to the number of members on the council-manager form of government under existing law.

Section 1

Section 11-43-1.1 is added to the Code of Alabama 1975, to read as follows: §11-43-1.1 Notwithstanding any other provision of this article, any Class 4, 5, 6, 7, or 8 municipality having the mayor-council form of government, by resolution of the council, may provide for the adoption of the council-manager form of government under this article having a council composed of either five or seven members. One member shall be the mayor elected at large, who shall be a voting member of the council. Either four or six members shall be council members elected either at large or from single-member districts, as the resolution shall provide. If a municipality has single-member districts for the election of council members when the council-manager form of government is adopted in the municipality, the municipality shall continue with either four or six council members elected from single-member districts and the mayor shall be elected at large. After the adoption of the resolution by the council, the adoption of the council-manager form of government shall be governed by this article, except to the extent of any direct conflict in this article concerning the number and election of members of the council and as subject to the resolution of the council providing for the adoption of the council-manager form of government.

Section 2

Sections 11-43A-8, 11-43A-9, 11-43A-14, 11-43A-16, and 11-43A-32 of the Code of Alabama 1975, are amended to read as follows:

§11-43A-8.

(a) The governing body provided for herein shall be known collectively as the "Council of the City (Town) of _____ (name of city or town to be inserted)" and shall have the powers and duties hereinafter provided. Except as hereinafter provided and as otherwise provided for in Section 11-43A-1.1, the council shall have five members. One member shall be the mayor, elected by the voters at large, to preside over the deliberations of the council. One member shall be a council member elected by the voters at large. Three members shall be council members elected by the voters from each of three single-member districts. The council first elected shall qualify and take office on the first Monday in October following the date of the next ensuing municipal election held for the election of members of a municipal governing body during a general municipal election year.

(b) In Class 6 cities the municipal governing body, by resolution, may elect to have the council composed and elected as above prescribed or to have the alternate form as hereinafter prescribed. If the municipal governing body, by resolution, elects to have the alternate form, it shall immediately notify the judge of probate, who shall have the ballots for the election, authorized in section 11-43A-3, prepared to pose the question of the adoption of the alternate form of government authorized in this section. The council shall have nine members. One member shall be the mayor, who shall be a voting member, elected by the voters at large, to preside over the deliberations of the council. Eight members shall be council members elected by the voters, two from each of four dual-member districts. The council first elected shall qualify and take office on the first Monday in October in an even-numbered year designated by the municipal governing body unless the election approving the change in the form of government was held in 1983, in which case such council shall qualify and take office on the first Monday in October 1986.

(c) Subsequent to the seating of the initial council, the next council shall be elected at an election to be held in accordance with provisions of the general municipal election laws.

§11-43A-9.

(a) In all cities to which this section applies, except Class 6 cities wherein the municipal governing body has elected to have a nine-member council, as authorized in Section 11-43A-8, the election for the first officers of the municipality shall be held on the same date as the date of election for the next ensuing general municipal election. Before Except as otherwise provided for in Section 11-43A-1.1, such the election of the governing body of the municipality shall cause the municipality to be divided into three districts containing as nearly an equal number of people as possible. Candidates shall qualify in the manner prescribed in the general municipal election laws and shall have the qualifications and eligibility set forth therein. Each candidate shall announce that he or she is to become a candidate for mayor, or councilman-at-large, or if he or she desires to become a candidate for one of the three district posts, either district post 1, district post 2, or district post 3. A candidate for a district position shall reside in his or her district. Each voter in the election may cast one vote for a candidate for mayor, one vote for a councilman-at-large, and one vote for the candidate from the district in which he or she resides. Any candidate receiving a majority of the total votes cast for mayor, councilman-at-large, district post 1, district post 2, and district post 3 shall be elected. In the event no candidate receives a majority for a place on the council there shall be a runoff election for such place held in the manner prescribed by the general municipal election laws. The councilmen elected shall take office as herein provided. Each councilman shall hold office for four years and shall serve until his or her successor shall have been elected and qualified.

(b) In Class 6 cities wherein the municipal governing body has elected to have a nine-member council as authorized in Section 11-43A-8, the election for the first officers of the municipality shall be held on the same date as the date of election for the next ensuing general municipal election. Before such election the governing body of the municipality shall cause the municipality to be divided into four districts containing as nearly an equal number of people as possible. Candidates shall qualify in the manner prescribed in the general municipal election laws and shall have the qualifications and eligibility set forth therein. Each candidate shall announce that he or she is to become a candidate for mayor, or if he or she desires to become a candidate for one of the eight district posts, either district ost 1, district 1 post 2, district 2 post 1, district post 2, district 3 post 1, district 3 post 2, district 4 post 1, or district 4 post 2. A candidate for a district position shall reside in his or her district. The municipal governing body shall have the authority by ordinance to establish geographic boundaries of approximately equal population for each of the two posts in any or all of the four districts. The ordinance of the city required by the preceding sentence shall be adopted no later than 75 days prior to the date of the election with respect to which the establishment of districts is to be effective. In establishing any such posts within a district, the city shall not be required to comply with Section 11-43A-33 except with respect to elections held subsequent to the publication of a federal census or population subsequent to the 1990 federal census of population. Each voter in the election may cast one vote for a candidate for mayor and one vote for a candidate for each of the two posts for the district in which he or she resides unless the municipal governing body has designated geographic boundaries for the two posts in a district. If the governing body has designated by ordinance geographic post boundaries for a district, then each voter within that district may cast one vote for a candidate for the post position within the district geographic boundaries where he or she resides. Any candidate receiving a majority of the total votes cast for mayor, or for a district post shall be elected. In the event no candidate receives a majority for a place on the council there shall be a runoff election for such place held in the manner prescribed by the general municipal election laws. The councilmen elected shall take office as herein provided. Councilmen elected hereunder, each, shall hold office for four years and shall serve until his or her successor shall have been elected and qualified.

§11-43A-14.

(a) At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the names of all candidates seeking election to the office of mayor, councilman-at-large, or one of the three district council seats except that in all Class 6 cities wherein the municipal governing body has elected to have a nine-member council as authorized in Section 11-43A-8, supra, the ballot shall contain the names of all candidates seeking election to the office of mayor, or to each post in one of the four council districts. or to a position as a member of the council.

(b) The ballot shall conform, as nearly as can be, to the ballot prescribed in the general municipal election laws and the election shall be conducted as nearly as can be as prescribed by such laws.

§11-43A-16.

(a) The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial purposes and by the Governor for purpose of military law, but shall have no other administrative duties.

(b) In all cities to which this section applies, except Class 6 cities wherein the municipal governing body has elected to have a nine-member council, as authorized in Section 11-43A-8, and except in municipalities organized under Section 11-43A-1.1, the councilman-at-large shall be assistant mayor and shall act as mayor during the absence or disability of the mayor. Any vacancy in the office of the mayor shall be filled by the councilman-at-large. In such the Class 6 cities and municipalities organized under Section 11-43A-1.1, a mayor pro tem tempore shall be elected from the membership by a majority vote of the council at its first meeting following its election. The mayor pro tem tempore shall act as mayor during the absence or disability of the mayor. Any vacancy in the office of the mayor shall be filled by the mayor pro tem tempore. Any vacancies on the council, except that of the office of mayor, shall be filled by the council at the next regular meeting of the council following the date of the vacancy. The election of a new councilman shall require the affirmative vote of at least three members in all cities to which this section applies, except in Class 6 cities wherein the municipal governing body has elected to have a nine-member council, as authorized in Section 11-43A-8, and in such the Class 6 cities such the election shall require the affirmative vote of five members and in municipalities organized under Section 11-43A-1.1, the election shall require an affirmative vote of a majority of the elected members of the council. A vacancy in one of the district council seats shall be filled by a person who shall reside within the district from whence the vacancy arose.

(b)(c) Notwithstanding subsection (a)(b), in Class municipalities that have adopted a council-manager form of government consisting of a mayor and four council members elected at-large, the council, at its first meeting after election, by majority vote, shall elect a mayor pro tempore from its membership. The mayor pro tempore shall preside during the absence or disability of the mayor. Any vacancy in the office of the mayor shall be filled by the mayor pro tempore. Any vacancy on the council, except for the office of mayor, shall be filled by the council at its next regular meeting following the vacancy. An affirmative vote of the council is required to fill the vacancy.

§11-43A-32.

(a) There Except as otherwise provided for in Section 11-43A-1.1 and subject to subsection (b), there shall be established three council districts to be designated respectively as district post 1, district post 2, and district post 3, and in such Class 6 cities, there shall be established four council districts with eight district posts to be designated district 1 post 1, district 1 post 2, district post 1, district 2 post 2, district 3 post 1, district 3 post 2, district 4 post 1, and district 4 post 2. Such districts shall have, as nearly as is reasonable, the same population. The designation and boundaries of the initial council districts shall be specifically described and set forth. In all cities to which this section applies, except the above-described Class 6 cities, the two at-large posts on the council shall be designated as mayor and councilman-at-large; and in such Class 6 cities the one at-large post on the council shall be designated as mayor.

(b) This section shall not apply to a Class municipality with a nine-member council authorized pursuant to Section 11-43A-8 or a Class 7 municipality with a five-member council elected at-large authorized pursuant to Section 11-43A-3.3."

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.