(a) Following the release of any federal decennial census, any county commission of this state which is at that time electing its members from single-member districts, pursuant to either state or local law or a court order, may, by resolution, alter the boundaries of the districts.
(b) Any revised single-member district arrangement to be used, in whole or in part, in the 1992 primary and general election shall be adopted by the county commission not later than 75 days prior to the primary election in 1992. Any revised district arrangement to be used, in whole or in part, for the first time in any year after 1992 shall be approved by the county commission not later than 180 days prior to the primary election in which it will first be used.
(c) No resolution making changes in the boundaries of existing districts shall be adopted by the county commission unless the commission shall first have advertised in a newspaper of general circulation in the county for at least two consecutive weeks the time and place of the meeting at which the resolution shall be considered. The advertisement shall include one or both of the following items: (1) A map of the county indicating the proposed district boundaries. (2) Notification that a map indicating the proposed district boundaries is available for inspection at a specified public location where the map shall be displayed for at least two consecutive weeks preceding the meeting of the commission in which the resolution shall be considered.
(d) Any resolution making changes in district boundaries shall describe the revised district boundaries by reference to standard census units or county voting precincts, or both.
(e) Upon passage of any resolution effecting changes in district boundaries pursuant to this section, the county commission shall file with the judge of probate of the county a certified copy of the resolution, together with a map of the county showing the boundaries of the revised districts.
Any legal action which contests or challenges the validity or any county commission redistricting or reapportionment action by a county commission pursuant to its authority under Section 11-3-1.1, or seeks to require the county commission to exercise its authority pursuant to Section 11-3-1.1, shall be commenced in the circuit court of the county for which the county commission redistricting or reapportionment plan was or allegedly should have been adopted.
(a) Unless otherwise provided by local law and as otherwise provided in subsection (b), there shall be in every county a county commission, composed of the judge of probate, who shall serve as chairman, and four commissioners, who shall be elected at the time prescribed by law and hold office for four years until their successors are elected and qualified.
(b) Beginning with the next term of office for each county commissioner, the term shall expire on the first Monday following the day of the general election at which the successor to that office is elected. Thereafter each county commissioner shall hold office from 12:01 A.M. of the first Tuesday following his or her election and until his or her successor is elected and qualified. This subsection shall apply to all counties and may not be altered by local law.
(c) Any other provision of law to the contrary not withstanding, each county commission shall meet on the first Tuesday following the election of any one of its number whose term commences on that day pursuant to the provisions of subsection (b). The meeting shall be in lieu of any meeting of the county commission required by law to be held within the same calendar week and shall be in all respects and for all purposes a regular meeting of the county commission. The county commission shall not meet following the election of any one of its number until the meeting provided by this subsection, unless there is a declared emergency.
An emergency may be declared for the purposes of this subsection upon a unanimous vote of the entire membership of the county commission.
The county commission shall possess authority in relation to the establishment, change or discontinuance of roads, bridges, causeways and ferries within the county, except where otherwise provided by law, to be exercised in conformity with the provisions of this Code.
The action of the governing body of any county in levying, authorizing, adopting, assessing, collecting and enforcing any excise, privilege or license tax levied, assessed, collected and enforced on the effective date hereof is hereby ratified, approved, validated and confirmed, regardless of any defect which might exist in the authorization, adoption, levy, assessment, collection or enforcement of any such tax, including, without limitation, defects in the adoption of any underlying act of the legislature authorizing such authorization, adoption, levy, assessment, collection or enforcement, any failure to publish any notice which might otherwise be required with respect to any of the foregoing, or any failure by any such governing body to comply with any statutory requirement with respect to any of the foregoing matters; provided that this section shall not apply to any such tax, the validity of which is on the effective date hereof being challenged in any proceeding pending in any court in this state.
(a) The county commission may, by ordinance or resolution, administer and collect, or contract for the collection of, any local sales and use taxes or other local county taxes levied or authorized to be levied by a general or local act. Where the county commission provides by ordinance or resolution for the administration and collection of the local taxes, the collection of the local sales and use taxes shall occur at the same time as state sales and use taxes are due to be paid to the Department of Revenue, unless otherwise provided by law.
(b) Any county commission which elects to administer and collect, or contract for the collection of, any local sales and use taxes or other local taxes, shall have the same rights, remedies, power and authority, including the right to adopt and implement the same procedures, as would be available to the Department of Revenue if the tax or taxes were being administered, enforced, and collected by the Department of Revenue. Any rules and regulations adopted or utilized by the county or its designee shall be consistent with the rules and regulations adopted through the provisions of the Alabama Administrative Procedure Act by the Department of Revenue for the corresponding state tax. If a specific provision of the rules and regulations of the Department of Revenue is inconsistent with a specific provision of a local act, resolution, or general law authorizing or levying a local tax, including a gross receipts tax in the nature of a sales tax, as defined in Section 40-2A-3(8), which was enacted or adopted prior to February 25, 1997, the local act, resolution, or general law provision shall prevail. Any taxpayer that possesses a direct pay permit issued by the Department of Revenue shall pay to the county the sales and use taxes and other county taxes pursuant to the direct pay permit in accordance with rules and regulations promulgated by the Department of Revenue.
(c) In any county in which there exists on February 25, 1997, a local act which authorizes a county commission only to contract with a designee to administer and enforce any tax enacted by the county, the tax or taxes shall continue to be collected and enforced by a designee pursuant to the provisions of the local act, unless the local act is amended to provide otherwise or repealed.
(d) A county commission which elects to administer and collect, or contract for collection of local taxes pursuant to subsection (a), may retain, as its fee for the cost of collection of its local taxes no more than five percent of the tax proceeds or the county's actual cost of collection, whichever is less. Notwithstanding the previous sentence, in any county in which there exists on February 25, 1997, a local act which establishes or limits the amount which can be retained by the county for costs of collection or which limits the amount that can be paid by the county to a designee for providing collection and enforcement services, the provisions in the local act with regard to the costs and amounts shall continue to have force and effect unless the local act is amended to provide otherwise or is repealed.
(a) Counties may, upon request of the county commission, engage the Department of Revenue to collect any county sales, use, rental, lodgings, tobacco, or other local taxes for which there is a corresponding state levy. Subject to subsections (d) and (e) below, the department shall collect a county sales, use, rental, lodgings, tobacco, or other tax for which there is a corresponding state levy on behalf of the requesting county. Any county sales, use, rental, or lodgings tax levy administered and collected by the Department of Revenue pursuant to this section, whether the levy is imposed pursuant to the authority of Section 40-12-4, or any general, special, or local act of the Legislature, shall parallel the corresponding state tax levy, except for the rate of tax, and shall be subject to all definitions, exceptions, exemptions, proceedings, requirements, provisions, rules, regulations, direct pay permits and drive-out certificate procedures, statutes of limitation, penalties, fines, punishments, and deductions as applicable to the corresponding state tax, except where otherwise provided in this section, including provisions for the enforcement and collection of taxes. The Department of Revenue shall make available to those counties for which it collects a sales, use, rental, or lodgings tax collected pursuant to this section the same services which are made available to municipal governments pursuant to Division 4 of Article 2 of Chapter 51 and Article 3 of Chapter 51.
(b) The Department of Revenue shall prepare and distribute those reports, forms, and other information as may be necessary to provide for its collection of any county tax it collects and, on request, shall make all reports available for inspection by the governing body of the county. In collecting a county sales, use, rental, or lodgings tax, the department shall have all the authority and duties as it has in connection with the collection of the corresponding state tax including, without limitation, the provisions of Chapters 2A, 12, 23, and 26 of Title 40.
(c)(1) The Commissioner of Revenue shall deposit into the State Treasury all county taxes collected and, on a biweekly basis, shall certify to the state Comptroller the amount of taxes collected for the approximate two-week period immediately preceding the certification and the amount, less the Department of Revenue's actual cost of collection, to be distributed to each county and which shall be paid to the treasurer or other custodian of funds of the county within three days after certification thereof.
(2) The department shall charge each county the actual cost to the department for collecting a tax. Notwithstanding the preceding sentence, however, the charge shall not exceed two percent of the amount collected for each county. At least once each month, the state Comptroller shall issue a warrant to the Department of Revenue for the collection charges due as determined by the Commissioner of Revenue. Payment shall be from funds collected under this section and shall be the actual cost of collection, not to exceed two percent of the amount collected for each county.
(3) Within 60 days after the end of each fiscal year, the department, in cooperation with the office of the Examiner of Public Accounts, shall recompute its actual costs for collection of county taxes for the preceding fiscal year. Any collection over-charge shall be redistributed to the counties for which the department collects local taxes, on a pro rata basis of each county's receipts. No under-charge shall be recovered, either directly or indirectly, from any county.
(d) Except where the department is collecting on July 1, 1998, any county which has a tax levy that will be collected by the Department of Revenue pursuant to the provisions of this section shall forward a certified copy of the enabling ordinance or resolution to the department at least 30 days prior to the first day of the month on which it is to begin collecting the tax.
(e) A new levy, or a levy changed by an amendment of a heretofore adopted levy, which will be collected under this section shall not be subject to collection by the Department of Revenue until the first day of the month next following the expiration of 30 days after receipt by the department of a certified copy of the enabling ordinance or resolution with any amendment thereto.
(f) The Department of Revenue shall from time to time issue such rules and regulations for making returns and for ascertainment, assessment, collection, and administration of taxes subject to the provisions of this section as it may deem necessary to enforce its provisions and shall furnish any municipal or county government with a copy of those rules and regulations within 15 days of final adoption. Upon request, the Department of Revenue shall furnish any taxpayer with a copy of those rules and regulations.
(g) Any self-administered county governing body, as defined in Section 40-2A-3(20), may elect, by the adoption of an ordinance or resolution, to assess interest on any tax delinquency. Any such assessment of interest shall be consistent with the provisions of Section 40-23-2.1. Any self-administered county governing body may also elect, by the adoption of an ordinance or resolution, to pay interest on any refund of tax erroneously paid. In the event that the governing body elects to assess interest on any tax delinquency, the governing body must also elect to pay interest, at the same rate charged by the county on tax delinquencies, on any refund of tax erroneously paid. Unless otherwise specified in the ordinance or resolution in which the county governing body elects to assess or pay interest determined in accordance with Section 40-1-44, the applicable interest rate to be charged by or due from the county shall be one percent per month. References in this subsection to "erroneously paid" taxes on which interest shall be due to the taxpayer shall only mean and refer to taxes paid to the self-administered county or its agent as a result of any error, omission, or inaccurate advice by or on behalf of the self-administered county, including in connection with a prior examination of its books and records by the self-administered county or its agent.
(h) Notwithstanding subsection (g), the applicable interest rate to be assessed on any tax delinquency or paid on any refund of erroneously paid taxes with respect to all county sales, use, rental, and lodgings tax levies collected by the Department of Revenue shall be determined in accordance with Section 40-1-44.
(a) The county commission shall have authority:
(1) To direct, control and maintain the property of the county as it may deem expedient according to law, and in this direction and control it has the sole power to locate the courts in the rooms of the courthouse and to designate the rooms to be occupied by the officers entitled to rooms therein, including the circuit judge if resident in the county, and to change the location of the courts and the designation of the rooms for officers as it may deem best and most expedient, and this shall be done by order of the county commission entered upon the minutes of the county commission at a regular meeting of the county commission. In the event the courthouse is inadequate to supply office rooms for such officers, the county commission may lease such office rooms in a convenient location in the county site and pay the rental from the county fund.
(2) To levy a general tax, for general county purposes and a special tax, for special purposes, according to this Code.
(3) To examine, settle and allow all accounts and claims chargeable against the county.
(4) To examine and audit the accounts of all officers having the care, management, collection or disbursement of money belonging to the county or appropriated for its use and benefit.
(5) To make such rules and regulations for the support of the poor in the county as are not inconsistent with any law of the state.
(6) To punish for contempt by fine not exceeding $10.00 and imprisonment not exceeding six hours.
(7) To subpoena, examine and compel the attendance of witnesses and the production of books and papers before the county commission in the same manner as the probate court.
(8) To contract for and have made map or plat books showing all subdivisions of land that have been heretofore or that may hereafter be made in the county.
(9) To compromise on such terms as it may deem just all doubtful claims in favor of the county when such claims arise on account of moneys heretofore paid in good faith by order of such county commission or in any case where they deem it to the best interest of the county.
(10) To make an appropriation, in no case to exceed $750.00 per year, to install and maintain an exhibit of the agricultural and mineral resources of the county.
(11) To pay at the regular legal rate for the advertising of notice and substance of local bills which may be introduced in the legislature for the benefit of the county, or in reference to subjects or matters exclusively relating to county business or affairs.
(12) To procure and provide telephones for the offices of the circuit judge, the clerk and register of the circuit court, the sheriff and jailer, the tax assessor and tax collector and the judge of probate in the county, and to pay for the same out of the general funds of the county, and said county commission may, in like manner and for the same officers, establish telephones in both courthouses where the said officers maintain two offices in the county and must install such telephone upon the request of the officer entitled thereto.
(13) To make appropriations out of the county treasury to pay premiums on livestock that may be exhibited in livestock shows held in the county.
(14) To appropriate, where the state or federal authorities have taken up the works of farm demonstration or the organization of farm life clubs for the promotion of agriculture, such sum or sums as it may deem adequate and necessary for aiding in such work.
(15) To expend money for the purpose of improving the sanitary conditions of the county by laying trunk lines of sewers and constructing sewage disposal plants located in localities contiguous to thickly populated communities and to prescribe the terms on which the owners of houses or householders may connect with such lines of sewers, but no such lines of sewers shall be laid without the written approval of the executive officer of the state board of health, such approval to be based on the belief that the laying of any proposed line will materially improve health conditions. The county commission shall have the power to require owners of property in the county to connect to its sewer system any facilities used in the collection or disposal of sewage. If the owner of any property in the county fails to connect any such facility located on such property to such sewer within 10 days after delivery to the occupant of such property of written notice to make such connection, the county commission may cause such connection to be made and shall have the right to enter upon private property to the extent required to make such connection. The cost to the county of connecting to such system any facility used in the collection or disposal of sewage shall be reimbursed to the county by the owner of the property on which such facility is located, and the obligation of the owner of such property to pay such cost to the county shall be secured by a lien on such property to be collected as other debts are collected or liens enforced. The notice required by this subdivision shall be by personal service or by posting a notice on the premises. Any other provisions of this subdivision to the contrary notwithstanding, no county commission shall have the power to require any owner of property to connect to a county sewer system if (i) the property of such owner is served by any other sewer system as of the date (the "prospective connection date") that the construction of such county sewer system has advanced to the point that operational sewer lines belonging to such system are adjacent to the property of such owner, (ii) the property of such owner is served by a septic tank installed as of the prospective connection date, or (iii) any building to be served by such county sewer system is located on the property of such owner at a distance greater than 200 feet from the collector line of such county sewer system.
(16) To appropriate money to promote or enforce the health and quarantine laws of the state for the benefit of the county and its inhabitants when requested so to do by the state board of health.
(17) To pay out of any funds in the county treasury all the expenses, including a reasonable attorney's fee, incurred by the county treasurer in resisting the payment of any warrant where said resistance on the part of the county treasurer is successful.
(18) To set aside such part of the revenue of the county as may be deemed expedient for the purpose of creating a sinking fund for the payment of bonds or other indebtedness and to invest such sinking fund in such interest-bearing securities or deposit the same on interest-bearing account within the state as it may deem wise.
(19) To set aside, appropriate and use county funds or revenues for the purpose of developing, advertising and promoting the agricultural, mineral, timber, water, labor and all other resources of every kind of the county and for the purpose of locating and promoting agricultural, industrial and manufacturing plants, factories and other industries in the county. The county commission is authorized to enter into contracts with any person, firm, corporation or association to carry out the purposes set forth in this subdivision.
(20) To insure in solvent companies the courthouse, jail, machine shops and other buildings of the county against loss by fire and storm and the trucks, tractors, machines, shovels, graders, equipment, vehicles and other personal property of the county against loss by fire and theft and against liability for damages to persons and property. Payment of premiums on such insurance coverage shall be made from the general fund of the county, except that payments of premiums on insurance coverage on vehicles, items of equipment or other personal property used and employed exclusively in connection with the establishment, construction, repair and maintenance of the public roads and bridges of the county may be made from the gasoline funds of the county and payments of premiums on insurance coverage on the courthouse, jail, machine shops and other buildings of the county may be made from the proceeds of special taxes levied for erection, repairing, furnishing or maintenance of public buildings, bridges or roads. Payments heretofore made for these purposes are validated.
(21) To use convict labor and any county equipment or machinery or expend any necessary sum of money for the improvement, beautification or decoration of the grounds, campus or premises of any county school or schools under the control of the board of education in such county.
(22) To exercise such other powers as are or may be given by law.
(b) It shall be the duty of the county commission to provide a janitor for the courthouse and to see that the janitor keeps clean and in a sanitary condition all courtrooms, corridors, halls and offices in the courthouse of the county.
The county commission may designate which offices in the courthouse may have telephones installed therein.
The county commission must adopt a budget system for the conduct of the affairs of the county, and to this end may appropriate from the county treasury sufficient funds to pay the actual expenses of the county as shown by the budget so adopted.
The county commission may deposit any funds arising from any special tax levied to pay bonds issued by said county which are in excess of amounts then payable on said bonds in some solvent savings bank in the state of Alabama in the name of the county or invest the same in interest-bearing securities issued by the United States government or by the state of Alabama. The interest accruing on such deposit or from such securities shall be a part of such special fund and shall be devoted to the same uses as the principal of said fund. The county commission shall require adequate bond of said bank to secure the safety of said deposit, which bond shall be in such sum as such county commission shall fix, having due regard to the safety of county funds.
The county commissions of the several counties of the state of Alabama are vested with the following authority in connection with and in addition to any authority, general or special, heretofore vested in them by law. For and on behalf of the respective county which it represents, the county commission may contract for and take over, by lease or otherwise, the operation of bridges over navigable or other streams and may maintain the same as public highways and may expend county funds in the pursuance of such contracts, whether for the purpose of such leases or for the payment of the cost of maintenance or for liability accruing to such county or to the owners or lessors of such bridges on account of accidents or injuries that may arise from such operations.
The several counties of the state through their respective county commissions shall have the authority to contract with each other on such terms or basis as to them may seem satisfactory for the joint taking over, leasing, maintenance and operation of such bridges and for meeting such contractual obligations as are provided for in section 11-3-15 for liability accruing to such counties on account of accidents or injuries that may arise from the operation of such bridges.
The several counties of the state, through their respective county commissions, shall be vested with the authority set out in sections 11-3-15 and 11-3-16 with regard to the maintenance and operation of such bridges, whether or not such bridges lie in part or wholly within the limits of any incorporated city, town or municipality.
The chairman of the county commission must record the proceedings at meetings of the county commission, make all necessary orders and issue all process necessary to sustain its jurisdiction or maintain its authority.
When the judge of probate is chairman and a meeting of the county commission is held without the attendance of the judge of probate, a special clerk who must be paid by the judge of probate must be appointed for such meeting, unless otherwise provided by local law.
(a) Subject to the restrictions of Section 280 of the Constitution of Alabama of 1901, and the laws of this state, one member of a county commission may be appointed to and may serve on public boards, commissions, and authorities within this state unless authorized by law. Notwithstanding the foregoing, this subsection shall not be interpreted to authorize a county commission to appoint a member to serve on the board of any authority, corporation, or association organized pursuant to Chapter 21 of Title 22 unless the appointment is authorized in the articles of incorporation of the authority, corporation, or association.
(b) All service on a board, commission, or authority by a member of a county commission prior to December 7, 1999, meeting the requirements of subsection (a) and all actions taken by any member of a county commission acting in his or her official capacity on the board, commission, or authority are ratified and confirmed.
(c) A member of a county commission shall not be reimbursed for expenses by the public board, commission, authority, and the county commission on which he or she serves, however, the member may elect to be reimbursed from either the public board, commission, authority, or the county commission.
Unless otherwise provided by local law, the chairman of the county commission shall preside over county commission meetings, provided however, the chairman may appoint another member of the county commission to preside in his absence unless the county commission directs otherwise. In all matters where the county commission is divided, the same must be determined by the chairman of the county commission.
The county commission shall make a semiannual publication on April 1 and October 1 of each year in a newspaper published in the county of an itemized report, showing the receipts and expenditures of money for the county, specifying particularly the sources from which received and the purposes for which expended. Said publication must also show the entire indebtedness of the county of whatever kind and character, specifying particularly the amount of bonds outstanding, their character and when due, the amount of the outstanding warrants whether interest-bearing or not and, if interest-bearing, the rate of interest for which said warrants were issued and when due and payable. The compensation to be paid for the publication provided for in this section shall not exceed one and one-half cents per word in counties of less than 40,000 population.
If the county commission shall fail to make the said publication as required by section 11-3-21, each member composing said county commission who votes against said publication is made subject to a penalty of $50.00 to be collected by civil action, and the district attorney shall bring said civil action and prosecute the same in the name of the county as plaintiff.
If any county commission fails to publish semiannual exhibits of the receipts and expenditures of moneys for and on account of the county as required by law, each member of such county commission must, on conviction, be fined not more than $100.00 for each offense.
If the books of record of any county or a part thereof be destroyed, it is the duty of the county commission to purchase such blank books as may be necessary to supply them.
The county commission is authorized to contract with the secretary of state at an amount not greater than six and one-half cents per 100 words for certified copies of the field notes of the original government surveys of all lands in the county to be made in a book of proper size to be furnished by the county commission, and such books shall be deposited in the office of the judge of probate, free to inspection and making of copies of said field notes by all citizens of the state and when the same is completed and delivered to the judge of probate, the county commission must draw a warrant on the county treasurer for the amount due the secretary of state, which shall be a preferred claim against such county.
(a) Any county commission except counties with a population over 200,000 is hereby authorized to establish the office of supernumerary county commissioner pursuant to the provisions of this section.
(b) The county commission, with notice given of its intention, may, at a public meeting by resolution duly enacted, establish the office of supernumerary county commissioner for any former commissioner who last served as a county commissioner for no less than 12 years and who is totally and permanently blind. Such officer shall be a consultant to the county commissioners at their request and perform such other duties as the commission may, from time to time, assign. Such officer shall receive no salary but shall be entitled to retirement benefits as set by the resolution of the commission creating such office.
(a) The county commission of any county in which a Class III municipality is located may pass an ordinance prohibiting topless, bottomless, or nude dancing for monetary consideration within the boundaries of the county. The ordinance shall be enforced by the sheriff of the county.
(b) A conviction for a violation of an ordinance passed pursuant to subsection (a) shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) and imprisonment in the county jail for not more than six months.
Each member of the county commission of each county shall be required to give a bond in the sum of at least $3,000.00 to be fixed and approved by the judge of the circuit court of a circuit of which such county forms a part; and, where there are two or more circuit judges in said circuit, then said bonds shall be fixed and approved by the senior judge of said circuit.
THIS SECTION WAS AMENDED IN THE 2004 REGULAR SESSION EFFECTIVE NOVEMBER 9, 2004. TO SEE VERSION AS AMENDED, SEE PENDING VERSION.
(a) For the purposes of this section the following terms shall have the following meanings:
(1) COUNTY COMMISSION CHAIRMAN. Those persons elected or appointed to such office by any and all lawful means but shall not include those persons who serve as chairman by virtue of their having been elected or appointed as probate judge of the county.
(2) COMPENSATION. All salary, expense allowance or any other compensation received for serving as commissioner or chairman of the county commission but shall not include any reimbursement for mileage traveled or actual and necessary expenses incurred which are otherwise payable by law.
(3) LOCAL LAW. Any and all applicable statutes that apply to any part of the state which is less than the whole and shall include statutes otherwise known as "general laws of local application" or "population bracket acts."
(b) No county commissioner shall receive compensation for serving as such officer, that is less than $14,600.00 per year. No county commission chairman shall receive compensation for serving as such officer, that is less than $18,600.00 per year.
(c) No county commissioner that is required by local law to serve full time as county commissioner, shall receive compensation for serving as such officer, that is less than $25,000.00 per year. No county commission chairman that is required by local law to serve full time as county commission chairman, shall receive compensation for serving as such officer, that is less than $30,000.00 per year.
(d) The provisions of this section shall in no way affect the compensation of county commissioners or county commission chairmen whose compensation is in excess of the minimums provided herein. Nor shall such provisions in any way affect subsequent local laws or general laws which provide compensation in excess of such minimums. Nor shall such provisions apply unless approved by a resolution of the county governing body. The resolution to adopt the pay raise must be published in the local newspaper for four consecutive weeks before the commission takes final action on the resolution. The provisions of this section shall in no way affect the compensation of probate judges. All compensation affected hereby shall be payable from the respective county's general fund or any other such fund from which such officer's compensation may now be paid by law.
(e) The provisions of this section which serve to increase any commissioner's or county commission chairman's compensation shall not take effect until the first day of the next term of office for such official; provided however where the county commission members' terms do not run concurrently, any increase provided under this section shall become effective as to all such members thereof immediately after the expiration of the term or terms of office of the member or members whose term or terms first expire.
THIS SECTION WAS AMENDED IN THE 2004 REGULAR SESSION EFFECTIVE NOVEMBER 9, 2004. TO SEE VERSION AS AMENDED, SEE PENDING VERSION.
(a) Unless otherwise provided by local law, each member of the county commission shall be paid for his services the sum of $4.00 per day while occupied in the discharge of his duties as such member of the county commission and the mileage rate allowed by the Internal Revenue Code for income tax deduction in performing the duties of the office of county commissioner, and the sum of $4.00 per day while occupied in the discharge of his duties in letting out, inspecting and accepting, building or repairing any of the county bridges or county buildings, roads or works and the mileage rate allowed by the internal revenue code for income tax deduction for each mile necessarily traveled by him in so doing, said sums to be paid on warrants drawn on the county treasury on the order of the county commission. No allowance shall be made to any commissioner for per diem or mileage for inspecting roads, bridges, etc., except when acting under authority of an order by the county commission previously made. The per diem and mileage of such member for services rendered when letting out, inspecting and accepting, building or repairing any of the county bridges, roads or works shall be paid out of any money in the county treasury which shall be designated and set apart by the county commission for the payment thereof; provided, that this section shall not operate to repeal any local law affecting any county with respect to the matters contained in this section; provided further, however, that any other provisions of any general, special or local law to the contrary notwithstanding, in the discretion of the county commission the said per diem and mileage may be paid out of the county gasoline tax revenues when said per diem or mileage is incurred by a member while occupied in the discharge of his duties in inspecting, accepting, building, repairing or supervising any of the county roads or bridges.
(b) All expense and/or travel allowance payable to a county commissioner as provided by any local law or general law of local application existing on the effective date of this subsection shall be from that date deemed to constitute salary compensation for all purposes and the same shall continue to be paid thereafter as salary compensation. Provided, however, such expense and/or travel allowance for any incumbent commissioner shall, at the election of such commissioner, not be deemed salary compensation but shall continue to be deemed expense and/or travel allowance until such time as that commissioner shall vacate office and shall thereafter be deemed to constitute salary compensation. Such election shall be in writing; filed with the county commission to which such commissioner has been elected no later than 30 days prior to the commencement of that commissioner's next term of office; and spread upon the minutes of such county commission. Provided, further, travel reimbursement based on number of miles traveled and/or actual expenses incurred shall not be deemed to constitute salary compensation under the provisions of this subsection.
This article shall be known and cited as the "Alabama Local Government Training Act."
The Legislature finds and declares that it is in the best interests of the citizens of this state to require newly elected county commissioners to participate in a course of training and education on matters pertaining to the administration and operation of county government. The purpose of the course shall be to instruct the individuals in the powers, duties, and responsibilities of their positions of public trust.
As used in this article, the following terms shall have the following respective meanings, except where the context clearly indicates a different meaning:
(1) BOARD. The Board of Directors of the Alabama Local Government Training Institute.
(2) COUNTY COMMISSION. The governing body as created in Section 11-3-1 and each county governing body created by local act.
(3) INSTITUTE. The Alabama Local Government Training Institute.
(4) STATE. The State of Alabama and any department, board, bureau, commission, or other agency thereof.
(a) All persons elected as members of a county commission who were not serving as members of a county commission on June 1, 1994, may enroll in, participate in, and satisfactorily complete a course of training and education of at least 50 hours on matters pertaining to the administration and operations of county government. The course of training and education shall include, but not be limited to, instruction in local government operations finance and budgeting; planning; public works and utilities; environmental management; personnel management; responsiveness to the community; ethics, duties, and responsibilities of members of the county commission; and all other matters deemed necessary and appropriate by the board.
(b) All expenses incurred by a county commissioner related to the course of training and education pursuant to this article, including the reasonable costs of housing, travel, and meals, shall be paid from the general fund of the county.
(c) The course of training and education required by this article may be offered by any four-year institution of higher education located in Alabama.
(a) There is created and established the Alabama Local Government Training Institute. All costs of operating and conducting the institute shall be paid from public funds appropriated for this purpose.
(b) The institute shall have the power, duty, and authority to design, implement, and administer the course of training and education pursuant to this article.
(c) The course of training and education required by Section 11-3-43 shall be conducted by the institute as soon as practicable after each general election at which county commissioners are elected. The training and education shall be completed no later than two years from the election. The institute shall have sole responsibility for determining the specific date or dates the course of training and education shall be conducted.
(d) The board shall establish guidelines and procedures to permit a person elected or appointed as a member of a county commission who is unable to attend or complete the course of training and education when offered by the institute due to the appointment of a commissioner to fill a vacant office during a term, medical disability, providential cause, or another reason deemed sufficient by the board to comply with the requirements of this article.
(e) The board shall perform all other duties and have other powers and authority necessary and proper or as prescribed by general law.
(a) The institute shall be under the direction and supervision of the Board of the Alabama Local Government Training Institute. The board shall have the power and duty to organize, administer, control, oversee, and advise the institute so that the institute shall be operated pursuant to this article.
(b) The board shall be composed of nine members as follows:
(1) One representative of a four-year institution of higher education in Alabama appointed by the Alabama Commission on Higher Education.
(2) The President of the Association of County Commissions of Alabama.
(3) The Executive Director of the Association of County Commissions of Alabama.
(4) One member who shall serve at the pleasure of and be appointed by the Board of Directors of the Association of County Commissions of Alabama.
(5) The chair of the Senate Governmental Affairs Committee.
(6) The chair of the Local Government Committee of the House of Representatives.
(7) One member appointed by the Governor.
(8) One member appointed by the Lieutenant Governor.
(9) One member appointed by the Speaker of the House of Representatives.
(c) Members of the board appointed by the Governor, Lieutenant Governor, and Speaker of the House of Representatives shall be county commissioners who shall serve for four-year terms.
(d) The board shall annually elect a chair and other officers deemed expedient. The officers shall serve at the pleasure of the board and shall have the duties and powers determined by the board.
(e) The board may accept appropriations, grants, gifts, donations, or contributions from the federal government and the state government; a county, municipal, or local government; a board, bureau, commission, agency, or establishment of any such government; another organization, firm, or corporation, public or private; and an individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and college.
(f) The board shall make contracts, leases, or agreements necessary and convenient to carry out the duties and purposes for which the board is created. The board shall enter into contracts, leases, or agreements with a person, firm, or corporation, public or private, upon terms and for purposes deemed advisable.
(g) The board shall provide advanced or continuing training and education to county commissioners through the institute in addition to that required by Section 11-3-43. Public funds may be expended for the advanced or continuing training and education in the same manner as the required training and education, but a county commissioner's enrollment in, attendance at, or completion of an advanced course of study shall be voluntary and shall not be required.
(h) The board shall provide for the grant of awards, degrees, diplomas, or other forms of recognition for successful completion of its programs as it deems proper.
(i) The board shall receive no additional compensation for their service pursuant to this article.
(a) On or before the fifth legislative day of the regular session of the Legislature, the chair of the board, on behalf of the board, shall make a report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. A copy of the report shall be delivered to the Clerk of the House of Representatives and the Secretary of the Senate who shall provide for the reading of the report into the journals of the respective houses.
(b) The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to: The total number and names of county commissioners who attended the course of training and education offered by the institute; an outline of the programs of the institute for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation necessary to improve the programs and services offered by the institute.
Any member of any county commission who shall award any contract in which the county of such commissioner is interested to any person related either by blood or marriage within the fourth degree to such commissioner or who shall employ any such relative to do any work for said county or to act as agent for any such member in any work in which such county is interested shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $10.00 nor more than $100.00.
Unless a local law authorizes a special election, in case of a vacancy, it shall be filled by appointment by the Governor, and the person so appointed shall hold office for the remainder of the term of the commissioner in whose place he or she is appointed.
The meetings of the county commission may be held by the chairman of the county commission and two commissioners or by three commissioners without the chairman, unless otherwise provided by local law.
Repealed by Act 2004-384, p. 639, §2, effective May 3, 2004.
(a) At the first county commission meeting held pursuant to Section 11-3-1 following each election of county commissioners, the county commission shall establish the day or days of each month on which regular meetings of the county commission shall be held. The county commission, by resolution, may alter the regular meeting days as necessary. The regular meeting days and the time and place where the meetings will be held shall at all times be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of the schedule of regular meetings of the county commission.
(b) The county commission may schedule a special meeting when determined necessary in writing by a majority of the members of the commission, or in case of an emergency, upon call of the chair. The purpose for and agenda of the meeting shall be included in all public notices of the meeting, and no other items shall be considered at the special meeting. Upon scheduling, except in an emergency, at least five days prior to the special meeting, notice of the meeting time, place, and agenda shall be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of special meetings of the county commission.
(c) When a regular meeting day of a county commission falls on a legal public holiday, the county commission may meet on any day of the following week instead of on the holiday, or at another time determined by the county commission, provided that at least five days prior to the meeting, notice of the meeting time and place shall be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of the schedule of regular meetings of the county commission.
Repealed by Act 2004-384, p. 639, §2, effective May 3, 2004.