SB 278

Sponsor
Session
Regular Session 2018
Title
Mayors, legislative functions in cities/towns with 12,000 or more but less than 25,000 inhabitants, authorized to continue operating as a city or town with less than 12,000 inhabitants by majority vote of council and mayor under certain conditions, veto power restricted, Secs. 11-43-2, 11-43-3, 11-43-40, 11-45-4, 11-45-5 am'd.
Description

Under existing law, in a city or town with a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the mayor presides over the city council and may vote as a member of the council, except in the case of a tie, when the mayor is required to vote. When the population of a city or town increases to 12,000 or more inhabitants according to the last decennial federal census, the mayor no longer sits with the council nor votes in council proceedings, but instead has veto power over the ordinances and resolutions passed by the council

This bill would authorize cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, by ordinance adopted by a majority vote of the council and the mayor together, to elect to continue operating as a city or town with a population of less than 12,000 inhabitants as it relates to the exercise of the legislative functions of the mayor and would restrict the veto power of the mayor while he or she is a voting member of the council

To amend Sections 11-43-2, 11-43-3, 11-43-40, 11-45-4, and 11-45-5 of the Code of Alabama 1975, relating to the legislative functions of the mayor of cities or towns with 12,000 or more but less than 25,000 inhabitants; to authorize the city council and the mayor together by majority vote to elect to continue operating as a city or town with a population of less than 12,000 inhabitants as it relates to the exercise of the legislative functions of the mayor; and to restrict the veto power of the mayor while he or she is a voting member of the council.

Subjects
Mayors
View Original PDF: SB 278 - Introduced - PDF

Under existing law, in a city or town with a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the mayor presides over the city council and may vote as a member of the council, except in the case of a tie, when the mayor is required to vote. When the population of a city or town increases to 12,000 or more inhabitants according to the last decennial federal census, the mayor no longer sits with the council nor votes in council proceedings, but instead has veto power over the ordinances and resolutions passed by the council

This bill would authorize cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, by ordinance adopted by a majority vote of the council and the mayor together, to elect to continue operating as a city or town with a population of less than 12,000 inhabitants as it relates to the exercise of the legislative functions of the mayor and would restrict the veto power of the mayor while he or she is a voting member of the council

To amend Sections 11-43-2, 11-43-3, 11-43-40, 11-45-4, and 11-45-5 of the Code of Alabama 1975, relating to the legislative functions of the mayor of cities or towns with 12,000 or more but less than 25,000 inhabitants; to authorize the city council and the mayor together by majority vote to elect to continue operating as a city or town with a population of less than 12,000 inhabitants as it relates to the exercise of the legislative functions of the mayor; and to restrict the veto power of the mayor while he or she is a voting member of the council.

Section 1

Sections 11-43-2, 11-43-3, 11-43-40, 11-45-4, and 11-45-5 of the Code of Alabama 1975, are amended to read as follows:

§11-43-2.

(a) In Except as provided in subsection (c), in all cities and towns at the general election to be held on the fourth Tuesday in August, 1984, and quadrennially thereafter, there shall be elected a mayor, who, in cities having a population of 12,000 or more according to the last or any subsequent federal census, shall not sit with the council nor have a vote in its proceedings, and he or she shall have the power and duties conferred in this chapter.

(b) In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his or her discretion he or she may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he or she must vote.

(c)(1) Notwithstanding subsection (a), cities and towns having a population of less than 12,000 inhabitants according to the immediate past federal decennial census that have a population of 12,000 or more but less than 25,000 inhabitants after the most recent federal decennial census shall continue to operate under subsection (b) for 30 days after the release of the federal decennial census.

(2) During the 30 day period, by ordinance adopted by a majority vote of the council and the mayor together, the city may elect to continue to operate pursuant to subsection (b) as it relates to the exercise of the legislative functions of the mayor until the release of the next federal decennial census.

(3) Thereafter, if the city continues to have 12,000 or more but less than 25,000 inhabitants after the most recent federal decennial census, by the same procedure, the city may elect to continue to operate under subsection (b) as it relates to the exercise of the legislative functions of the mayor until the 30 days after the release of the next federal decennial census.

(d) The aldermen in such the cities or towns shall be elected by the city or town at large at the first general election held on the fourth Tuesday in August, 1984, and quadrennially thereafter, or from wards as the said councils may determine, not less than six months before an election, and shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election.

(e) Provided, however, the six-month requirement in this section may be waived when necessary to comply with a mandate by the U.S. Justice Department pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state or federal court.

§11-43-3.

(a) In cities having a population of more than 6,000, there shall be elected by the council, at its first regular meeting or as soon thereafter as practicable, a city treasurer and a city clerk, who shall hold office until the next general election and until their successors are elected and qualified, and such council may elect an auditor, and any officers whose election is required by ordinance, and, except as otherwise provided, the council shall have authority to fix the terms of office, prescribe their duties and fix the salaries of the officers. The council may, by ordinance, require the city treasurer and the city clerk to be residents of the city. Such Except as provided in subsection (b), the council, may by a two-thirds vote of the members elected, by and with the consent of the mayor, may consolidate two or more of the offices and may abolish any such of the offices; provided, that the term of office of no incumbent shall be diminished.

(b) The consent of the mayor is not necessary to consolidate or abolish offices pursuant to subsection (a) if the mayor is operating pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census.

§11-43-40.

(a) In Except as provided in Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, in cities having a population of 12,000 or more, the following officers shall be elected at each general municipal election, who shall compose the city council for such the cities and who shall hold office for four years and until their successors are elected and qualified, and who shall exercise the legislative functions of city government and any other powers and duties which are or may be vested by law in the city council or its members:

(1) In cities having seven wards or less, a president of the city council and two aldermen from each ward, to be elected by the qualified voters of the several wards voting separately in every ward; except, that in such cities having a population of less than 20,000, the two aldermen from each ward shall be elected by the electors of the city at large.

(2) In cities having more than seven wards, one alderman from each ward, and a sufficient number of aldermen from the city at large to make the total number of aldermen 14 exclusive of the president of the council; provided, that in cities having a population of 50,000 or more, the city council may create not more than 20 wards.

(3) In cities having a population of more than 30,000 according to the most recent federal decennial census or according to any census of such the city made pursuant to Sections 11-47-90 through 11-47-95, and having only five wards, a president of the council and five aldermen, if the governing body shall so provide by ordinance or resolution adopted by two-thirds vote of the governing body at least six months prior to a general municipal election. If such an ordinance or resolution is adopted, one alderman shall reside in each of the respective wards of the city, the president and all of the aldermen shall be elected by the voters of the city at large, and the president shall vote only in case of a tie.

(4) Notwithstanding the provisions of subdivisions (1), (2), and (3) of this section, the governing body of any city having a population of 12,000 or more may by ordinance or resolution, if adopted by two-thirds vote of the governing body more than six months prior to any general municipal election, provide that the city council of said the city shall consist of five aldermen to be elected from the city at large.

(5) Notwithstanding the provisions of subdivisions (1), (2), (3), and (4) of this section, the governing body of any city having a population of 12,000 or more which does now elect council members from single-member districts or cities presently operating with five single-member districts as established under a federal court order may, by ordinance or resolution, if adopted by two-thirds vote of the governing body more than six months prior to any general municipal election, may provide that the city council of said the city shall consist of eight aldermen to be elected from single-member districts (wards) with the president of the city council to be elected by the qualified voters of the several wards voting separately in every ward.

(6) Notwithstanding any conflicting provision of subdivisions (1), (2), (3), (4), and (5), the city council of any Class 6 municipality, having a population of 19,000 or more, operating under a mayor-council form of government elected on a citywide basis, by ordinance adopted by a majority vote of the city council more than four months prior to the general municipal election for which the ordinance is to take effect, may provide for staggered terms of office for the city council as follows:

a. Each of the council seats established for the city shall be designated by separate number or place.

b. The initial term of office for persons holding the odd-numbered council seats shall be established at two years and the initial terms of office for persons holding the even-numbered council seats and that of the mayor of the city shall remain at four years.

c. Upon expiration of the initial two-year terms of office to be served by the council members holding odd-numbered seats, each council member elected to the seats shall thereafter hold office for a term of four years so that the mayor and all council members are elected for four-year terms of office with the terms to be staggered as provided.

d. This subdivision shall may not be construed to authorize the governing body of any municipality to which it applies by ordinance or otherwise to shorten the term of any elected official serving on April 15, 2004.

(7) Notwithstanding any conflicting provision of subdivisions (1), (2), (3), (4), and (5), the city council of any Class 8 municipality having a population of 60,000 or more inhabitants elected by the qualified voters operating under a mayor-council form of government on a citywide basis, by ordinance adopted by a two-thirds vote of the city council more than three months prior to the general municipal election for which the ordinance is to take effect, may provide for the city council to consist of either five or seven aldermen to be elected from the municipality at large.

(b) Unless provided otherwise in this section, the president of the council shall have the right to vote on all questions the same as any other member of the council.

§11-45-4.

(a) If Except as provided in subsection (b), if the mayor shall disapprove of any ordinance or resolution transmitted to him or her as provided in Section 11-45-3, he shall, within 10 days of the time of its passage by the council, he or she shall return the same to the clerk with his or her objections in writing, and the clerk shall make report thereof to the next regular meeting of the city council; and, if. If two thirds of the members elected to the said council shall adhere to said the ordinance or resolution notwithstanding said the objections, said the vote being taken by yeas and nays and spread upon the minutes, then, and not otherwise, said the ordinance or resolution shall, after publication thereof, shall have the force of law, unless by its terms it was to take effect on its approval, in which event it shall take effect upon its passage over such the veto. The failure of the mayor to return to the clerk an ordinance or resolution with his or her veto within 10 days after its passage by the council shall operate and have the same effect as an approval of the same, and the clerk shall publish the same as is provided in subsection (b) of Section 11-45-8 for the publication of laws and ordinances of said the city.

(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council.

§11-45-5.

(a) Every Except as provided in subsection (b), every ordinance and resolution fixing the salaries of employees and officers of said the city shall be submitted to the mayor as other ordinances and resolutions are to be submitted and may be approved in part and vetoed as to specific items, to be mentioned by the mayor in his or her veto message, in which case there shall first be submitted to the council at its next regular meeting the question: "Shall the ordinance pass, the veto of the mayor notwithstanding?" and, in the event that two thirds of the members elected to the council do not vote for the passage of the ordinance, the veto notwithstanding, there shall then be submitted the question: "Shall the ordinance stand as approved by the mayor?" and if a majority of those elected to the council vote in the affirmative, the law as amended and approved by the mayor shall have the force and effect of law as in other cases; otherwise, such the salary ordinance shall be defeated.

(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council."

Section 2

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.

No articles found.
Action Date Chamber Action
March 15, 2018SFurther Consideration
March 15, 2018SMcClendon motion to Carry Over to the Call of the Chair adopted Voice Vote
March 15, 2018SThird Reading Carried Over to Call of the Chair
February 15, 2018SRead for the second time and placed on the calendar
February 6, 2018SRead for the first time and referred to the Senate committee on County and Municipal Government