HB 557

Relating to Blount County; to change the system of county government of Blount County from a district system to a unit system.

Section 1

(a) Effective upon the assumption of office by any Blount County Commissioner elected during the general election to be held in November 2022, the Blount County Commission shall operate as a Unit System, and shall set the necessary policies and priorities for the construction, maintenance, and repair of all public roads, county highways, bridges, ferries, and public facilities within the county. (b) Each member of the county commission, in addition to his or her existing rights, duties, and privileges, is authorized to: (1) Inspect the roads of his or her district from time to time. (2) Hear the suggestions and complaints of the citizens, and report the suggestions and complaints to the commission along with his or her recommendations. (3) Confer with the county engineer concerning the problems of his or her district. (4) Assist in securing rights-of-way. (5) Assist in public service generally. (c) Blount County Commissioners shall serve four-year terms of office and be elected by single-member districts and considered part-time positions. (d)(1) Effective upon the assumption of office by any Blount County Commissioner elected during the general election to be held in November 2022, and except as provided in subdivision (2) of this subsection, the compensation to be received by each Blount County Commissioner shall be the average compensation for county commissioners as determined by the most recent Alabama County Commission Association Comparative Data Table, and Blount County Commissioners may be entitled to benefits provided any other county employee. Thereafter, the compensation of Blount County Commissioners shall be in compliance with Section 11-2A-4 of the Code of Alabama 1975. (2) The compensation of any Blount County Commissioner already serving a term at the time of the general election to be held in November 2022 shall not be decreased during that commissioner's tenure in office, regardless of re-election.

Section 2

(a) Beginning with the general election to be held in November 2022, a full-time Chair of the Blount County Commission shall be elected on a countywide basis. (1) Any person who is qualified as provided in Section 11-3-1, Code of Alabama 1975, is eligible to seek the office. (b) The initial countywide-elected chair shall take office at the same time as other members of the Blount County Commission following the general election to be held in November 2022 and shall serve a six-year term. (c) The rights, duties, and privileges of the countywide-elected chairman shall include all of the following: (1) Serving as the presiding officer of the Blount County Commission. (2) Serving as fiscal agent and legal custodian of county funds. (3) Signing or causing his or her signature to be affixed to all warrants drawn on the county treasury or any other disbursement of county funds. (4) Executing contracts as approved by the county commission. (5) General oversight of the activities of the county administrative staff, county administrator, county engineer, and all other county departments not under the direct supervision of an elected official. (6) Serving as county government liaison to all officials and departments of national, state, and local governments. (7) Seeking grant funding for county projects as authorized or approved by the county commission. (8) Working for the economic development and general improvement of Blount County. (9) Any other right, duty, or privileges as permitted by state law. (d) The initial compensation for the countywide chair shall be that amount paid to the Blount County Revenue Commissioner on the date the countywide chair takes office. Thereafter, the compensation of the countywide chair shall be in compliance with Section 11-2A-4 of the Code of Alabama 1975.

Section 3

(a) The Blount County Commission shall continue to employ a county engineer either through its merit personnel system or via contract, who shall be a thoroughly qualified and competent professional engineer, although he or she shall not be required to be a licensed land surveyor, but otherwise shall possess all of the qualifications specified for county engineers under the general laws of the state and shall devote his or her entire time and attention to the maintenance and construction of the county public roads, highways, bridges, ferries, and other county engineering projects. (b) The county engineer, in accordance with policy established by the county commission and within the law of the State of Alabama, shall: (1) Employ, supervise, and direct all laborers and assistants necessary to properly maintain and construct the public roads, highways, bridges, and ferries of the county, to prescribe their duties, and to discharge employees for cause. (2) Perform or supervise the engineering service and surveying required. (3) Oversee the building or construction of new roads, or change old roads as directed by the county commission. (4) Oversee the construction and maintenance of all county roads on the basis of the county as a unit, without regard to any district or voting precinct lines. (c)(1) The county commission shall supervise and fix the compensation of the salary of the county engineer, payable from appropriate road and highway funds or from other lawful sources. (2) The county commission shall furnish the county engineer with an office within the county and all office supplies, equipment, communication, utilities, and transportation necessary to accomplish his or her duties under this act. (3) The county commission shall fix, from time to time, the various scales of wages or compensation to be paid for labor and assistants necessary in the maintenance and construction of the roads, bridges, ferries, and public facilities. (d)(1) The county engineer shall be the custodian of all road machinery and equipment, tools, supplies, and repair parts owned by Blount County. The county commission shall establish necessary policies and regulations governing accountability and relief therefrom and shall furnish the necessary storage and repair facilities for the tools, machinery, supplies, and equipment. The county engineer shall cause an up-to-date inventory to be kept containing a list of all tools, machinery, equipment, and supplies belonging to Blount County. (2) The county engineer shall inspect all materials, machinery, equipment, and supplies purchased by the county for use on public roads, bridges, and ferries upon delivery. No materials, machinery equipment, or supplies purchased by the county for that purpose shall be accepted or paid for without prior approval by the county engineer, and any deviation from the specifications, requisitions, or purchase orders shall be reported to the county administrator and the county commission. (3) Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in an amount established by the Blount County Commission, payable to the Blount County Commission, conditioned for the faithful discharge and performance of his or her duties as county engineer, and for the faithful accounting of all monies and property of the county which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, and shall be approved by the county commission. The premiums thereon shall be paid by the county. (e) In the event an emergency should arise in which it would be impossible for the county commission to employ an engineer, the county commission may appoint or employ a competent road supervisor who need not be an engineer, but when employed shall have the duties and authority of the county engineer, not in conflict with state law, and shall be subject to the terms of this section. (1) An emergency shall not exist longer than is necessary to employ a qualified engineer who will accept employment by the county commission under the terms of this section. (2) It is the intent of this section that, except in an emergency, county roads, bridges, and ferries shall be maintained or constructed in Blount County under the supervision of a qualified engineer.

Section 4

(a) On or before December 31, 2022 and on or before each December 31 thereafter, the county commission shall consider for adoption an Annual County Transportation Plan prepared by the county engineer. (1)The county commission may, from time to time, within any fiscal year, adjust the Annual County Transportation Plan or increase the amount allocated for expenditure by the county engineer, when the authorization is not in conflict with the general laws of the state. (2) The county engineer shall maintain a recommended Five-Year County Transportation Plan that is equitable to each commission district for any given five year period. (b) The authority of the county engineer shall be limited to the expenditure of those funds allocated by the county commission for carrying out the requirements and duties identified by the approved Annual County Transportation Plan including, without limitation, the purpose of construction, maintenance, or repairs of public roads, bridges, ferries, or the expenditure of any other funds for duties or other projects for Blount County that the County Commission may set aside and appropriate. (c) The county engineer shall make written requisition to the county administrator for all budgeted items including without limitation, materials, machinery, equipment, and necessary supplies needed for the construction, maintenance, or repair of all the public roads, bridges, and ferries of Blount County, pursuant to policies and procedures as established by the Blount County Commission and in accordance with all state bid laws.

Section 5

This act shall be operative only if approved by a majority of the qualified electors of Blount County who vote at a referendum held for such purpose. The election shall be held in conjunction with the general election in 2020 and shall be conducted pursuant to the election laws of this state. The question presented on the ballot shall be, "Do you favor the adoption Act Number __________ of the 2019 Regular Session of the Alabama State Legislature, that would transition the Blount County Commission from the District System of County Government, with full-time commissioners, to the Unit System of County Government, with part-time commissioners, providing that county road maintenance and construction would be managed by a professional engineer, and providing for a full-time, countywide-elected county commission chairperson.

Section 6

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Section 7

All laws, or parts of laws, which conflict with this Act are hereby repealed.

Section 8

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.