Usa Alabama

USA Statutes : alabama
Title : Title 11 COUNTIES AND MUNICIPAL CORPORATIONS.
Chapter : Title 2 Chapter 44 COMMISSION FORM OF GOVERNMENT.
Section 11-44-1

Section 11-44-1
Applicability of article.

All cities or towns in the state of Alabama which have a population of more than 1,000 according to the last federal census or which may hereafter have such population according to any federal or municipal census that may be taken hereafter, if not organized under a commission form of government at the time of the adoption of this Code, may become organized under the commission form of government by proceedings as are hereafter in this article provided.



(Acts 1911, No. 504, p. 591; Code 1923, §2335; Acts 1931, No. 75, p. 151; Code 1940, T. 37, §35.)Section 11-44-10

Section 11-44-10
Commissioners - Entry into office, etc.

On October 1 of the general municipal election year next following the date of the election to change the form of government, all three of said commissioners shall take office and enter upon their duties.



(Acts 1911, No. 504, p. 591; Code 1923, §2344; Code 1940, T. 37, §43.)Section 11-44-100

Section 11-44-100
Applicability of general state laws as to municipal elections.

All general laws of this state regulating and prescribing the conduct of municipal elections and the qualifications and registration of voters thereat shall apply to elections under this article, except when in conflict with this article.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §111.)Section 11-44-101

Section 11-44-101
Requirements, etc., as to petitions.

The petitions provided by this article may be by a number of separate instruments as well as by one instrument, and separate instruments may be joined together to make one petition. No person but a qualified voter shall sign any petition provided for by this article. The presence upon any such petition or petitions of the names of persons who are not qualified voters shall not impair the validity on such petition of the names of properly qualified electors thereon; only the names of such persons not qualified shall be treated as nullities.

No person shall sign the name of another to any such petition, whether with or without authority, and no person shall sign more than one separate instrument as a petition for any single purpose provided in this article. Any violation of the foregoing provisions of this section shall constitute a misdemeanor punishable by fine not to exceed $300.00. No qualified voter who has signed any petition provided for in this article can withdraw his signature.

The judge of probate or board of commissioners when passing on the sufficiency of such petition and holding names thereon to be not qualified electors' names shall indicate by marginal annotation or other legible and intelligible order thereon which names are so held to be insufficient so that interested parties may be advised of the exact reason if such petition is held insufficient.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §114.)Section 11-44-102

Section 11-44-102
Certain persons not to receive profits, wages, etc., from municipality.

No commissioner, officer or employee of the city or town whatever, and no person who is related by consanguinity or affinity in the third degree or any nearer degree under the civil law to any commissioner, officer or employee of the city or town drawing from the city or town a salary equal to or in excess of $75.00 per month, no partnership, any of whose members is so related to such commissioner, officer or employee and no corporation, any stockholder in which owning as much as five percent of its capital stock is so related to any such commissioner, officer or employee shall by contract or by employment or by trading or other business dealing receive any profit or emolument, wage or salary or other compensation from the city or town.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §116.)Section 11-44-103

Section 11-44-103
Certain persons not to become officers or employees of municipality.

No person may become an officer or employee of the city or town drawing compensation from the city or town equal to or in excess of $75.00 per month who is related to a commissioner by consanguinity or affinity in the third degree under the civil law, and no person may become an officer or employee of the city or town at a salary or compensation equal to or in excess of $75.00 per month if there is already a commissioner, officer or employee of the city or town who is related to such person by consanguinity or affinity in the third degree or any nearer degree by the civil law. This section shall not operate to disqualify any candidate for commissioner elected as such, but his election shall operate to disqualify the person within the prohibited degree of relationship from further employment by the city or town after said commissioner enters upon the discharge of his duties.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §117.)Section 11-44-104

Section 11-44-104
Commissioners, officers or employees to receive regular compensation only.

No commissioner, officer or employee of the city or town shall, directly or indirectly, receive from the city or town any compensation, emolument or thing of value for any service rendered or to be rendered by him other than the regular compensation to be paid to him as fixed by the terms of his employment or as fixed by law.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §118.)Section 11-44-105

Section 11-44-105
Adoption of ordinances by initiative and referendum.

Whenever an application shall be presented to the board of commissioners purporting to be signed by the electors of the city or town then duly qualified to vote in the city or town equal in number to at least 25 percent of the entire number of voters who were duly qualified to vote in the last general municipal election held in said city or town for the purpose of electing a commissioner, requesting that a certain ordinance, and setting out the provisions thereof, be enacted into law by the board of commissioners of said city or town, it shall then be the duty of said board of commissioners to forthwith examine into the qualifications of the signers of said petition; and, if it shall find that said petition does not contain 25 percent in number of the entire number of voters who were duly qualified to vote in the last general municipal election for the purpose of electing a commissioner, it shall within 10 days after the receipt of such petition notify the persons presenting the same in writing of such fact, provided their names and addresses shall have been endorsed on said petition as the presentors of said petition, said presentors not to exceed 10, and thereupon the persons so presenting the said petition shall have 10 days within which to secure additional signers to meet the deficiency pointed out by the said board of commissioners. In case of failure to secure any additional numbers that may be necessary within 10 days, no further action shall be taken upon said petition by the said board of commissioners.

If the said petition as originally presented is found by said board of commissioners of said city or town to contain the signatures of electors of the city or town then duly qualified to vote in the city or town equal in number to at least 25 percent of the entire number of voters who were duly qualified to vote in the last general municipal election held in the said city or town for the purpose of electing a commissioner, or if additional names shall have been secured thereto as hereinabove provided to bring the total number of signatures of such voters up to said 25 percent and said petitions conform to the other requirements of this article, then the said board of commissioners of said city or town shall within 30 days after receipt of said petition consider the said proposed ordinance. If it fails or refuses to enact said ordinance into law within said 30 days after the receipt of said petition, it shall then be the duty of said board of commissioners to submit to a vote of the electors of said city or town, either at a general election for commissioner of said city or town or a special municipal election, such election in any case to be not less than 60 days nor more than 70 days from the date of the filing of said petition, the question of whether or not said ordinance shall become law. Notice of such election shall be given by publication once a week for three successive weeks in some newspaper, if any, published in said city or town and, if there is no such newspaper, then by posting notice of said election at five public places in said city or town at least 20 days before the date fixed for said election, and such election shall be held and the result declared in all respects the same as a general election for a commissioner of said city or town.

At such election, the ballots shall be substantially in the following form: "Official Ballot (Then shall follow a brief statement of the substance of said proposed ordinance). ( ) For said ordinance. ( ) Against said ordinance." Those in favor of the enactment of said ordinance into law shall so indicate by placing a cross mark within the brackets before the words "For said ordinance" and those who are opposed to the enactment of said ordinance into law shall so indicate by placing a cross mark within the brackets before the words "Against said ordinance." A separate ballot shall be prepared and used for each proposed ordinance. Should a majority of the votes cast in said election be in favor of enactment into law of said proposed ordinance, then said ordinance shall become operative three days after the result of said election shall have been declared, but should a majority of the votes cast in said election be against said ordinance, then said proposed ordinance shall not become law by reason of said procedure.



(Acts 1915, No. 749, p. 869; Code 1940, T. 37, §119.)Section 11-44-11

Section 11-44-11
Commissioners - Filling of vacancies caused by ineligibility.

In case any person, after he shall have been elected and duly qualified as commissioner, shall be declared ineligible to hold such office, a successor shall be chosen as in the case of a vacancy caused by death, resignation or any other cause.



(Acts 1911, No. 504, p. 591; Code 1923, §2373; Code 1940, T. 37, §70.)Section 11-44-12

Section 11-44-12
Commissioners - Filling of vacancies caused by death, resignation or removal.

Whenever any vacancy shall occur in the office of any commissioner of any city or town organized under the terms of this article by death, resignation or removal, then his successor shall be elected by the two remaining members of the board of commissioners of such city or town. Every person who shall be elected to the office of commissioner in any such city or town under the provisions of this section shall qualify for office as soon as practicable after such election and shall be clothed with the duties and responsibilities and powers of such office immediately upon such qualification. He shall hold office for the unexpired term of his predecessor.



(Acts 1911, No. 504, p. 591; Code 1923, §2376; Code 1940, T. 37, §72.)Section 11-44-120

Section 11-44-120
Definitions.

The words and phrases set forth in this section, whenever used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:

(1) BOARD. The board of commissioners of the municipality.

(2) MUNICIPALITY. Any city or town which elects to come under the provisions of this article.

(3) NEWSPAPER. A newspaper printed in the English language and published in the municipality or having general circulation therein.

(4) STATE. The state of Alabama.

(5) COMMISSIONER. Where not further identified, such term shall mean a member of the board.

(6) PROBATE JUDGE. The judge of probate of a county in which any part of the municipality is located.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §1.)Section 11-44-121

Section 11-44-121
Adoption by ordinance; powers, designation, election, etc., of commissioners generally; continuation in office of members of governing body.

Any city or town in the state which at the time of the adoption of the ordinance referred to in this section shall have a commission form of government and which desires to become organized under the provisions of this article may do so if all the members of the governing body of such city or town at the time acting as such shall vote in favor of the adoption of an ordinance stating that:

(1) It is in the best interest of the city or town, in the judgment of such governing body, to organize under the provisions of this article, and
(2) Such city or town elects to come under and be governed by the provisions of this article.

Such ordinances shall be published one time in a newspaper. The provisions of this article shall become operative as to such city or town 10 days after the publication of such ordinance.

The governing powers of the municipality shall be vested in the members of the governing body thereof whose duties, tenure of office and mode of election shall be as provided in this article. The collective name of the commissioners shall be "board of commissioners of the city (or town) of ______"

The members of the governing body of the city or town serving at the time of the adoption of the ordinance provided for in this section shall continue in office until the first Monday of October next following the adoption and publication of such ordinance.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §2.)Section 11-44-122

Section 11-44-122
Continuation in force of laws, ordinances, resolutions and appointments of municipal officials and employees.

All laws governing the municipality, all ordinances and resolutions passed by the municipality and all appointments of officials and employees of the municipality which are in force at the time the ordinance referred to in section 11-44-121 becomes effective shall remain in force until altered or repealed according to the provisions of law; provided, that all laws or parts of laws inconsistent with the provisions of this article shall not thereafter be applicable to such municipality.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §3.)Section 11-44-123

Section 11-44-123
Commissioners - Election; terms of office; designation of positions; qualification for office and taking of oath.

At any time after the adoption and publication of the ordinance provided for in section 11-44-121, but not less than 30 days prior to the election date referred to in this section, the governing body of the municipality shall call an election for the purpose of electing three commissioners for the municipality, which election shall be held on the third Monday of September next following the adoption and publication of such ordinance.

One of the commissioners so to be elected shall be known as president of the board, and the remaining members of the board shall be known respectively, as associate commissioner number one or commissioner of public improvements and associate commissioner number two or commissioner of public safety. Notice of the date and purpose of such election shall be published in a newspaper once a week for three consecutive weeks prior to the said election date. At such election three persons who are qualified electors of the municipality shall be elected to hold office as commissioners and each of such persons shall be elected for a term of four years beginning on the first Monday of October next following the date of adoption and publication of the ordinance provided for in section 11-44-121. The election of commissioners elected after the first election hereinbefore provided for in this section shall be held on the third Monday of September and the term of office of each such commissioner shall be for four years, beginning on the first Monday of October of the year of his election. All commissioners shall hold office until their successors are elected and qualified.

Any election to be held in the municipality shall be held, conducted, canvassed, the results declared and may be contested in the manner provided by the laws relative to the election of municipal officers in cities having a commission form of government, except where inconsistent with the provisions of this article.

At elections held pursuant to the provisions of this article, each office of the board to be filled shall be designated, the associate commissioners being designated as associate number one or commissioner of public improvements and associate number two or commissioner of public safety, respectively, and this designation shall be shown on the ballot prepared for such election. In filing a statement of candidacy each candidate shall designate for which place he desires election.

At every election each elector shall vote for only one candidate for each office and the candidate receiving the highest number of votes for such office shall be elected, provided he receives a majority of the votes cast for such office. In case no one of such candidates shall receive a majority of all such votes cast for the office for which he is a candidate, another election shall be held on the same day of the following week for said office, at which the two candidates receiving the highest number of votes at the initial election shall be voted for. The candidate receiving the highest number of votes at such final election shall be declared elected.

Each candidate declared elected in any election provided for in this section shall qualify and take the oath of office on the first Monday in October next following said election.



Acts 1964, 1st Ex. Sess., No. 214, p. 288, §4.)Section 11-44-124

Section 11-44-124
Commissioners - Qualification of candidates therefor.

Any person desiring to become a candidate at any election which may be held according to the terms of this article for any office prescribed herein shall file a statement of candidacy in the form and manner as provided by section 11-44-37; except, that said statement of candidacy shall also conform to the provisions of section 11-44-123, and the officers provided for by this article shall be elected.

No person shall be a candidate who is not a qualified elector residing in the corporate limits of the municipality.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §5.)Section 11-44-125

Section 11-44-125
Commissioners - Vacancies.

Whenever any vacancy shall occur in the office of a commissioner, the remaining members of the board shall order an election to be held not less than 30 nor more than 60 days after the date when such vacancy occurs, at which election a successor to said office shall be elected for the unexpired term. The notice of such election shall be published in a newspaper once a week for three consecutive weeks. Any person desiring to become a candidate for such office at such election shall qualify as provided for in section 11-44-124, and said special election shall be conducted in the same manner as is provided for conducting regular elections provided in this article. The person who shall be elected to such office at such election shall qualify for office as soon as practicable and shall hold office for the unexpired term of his predecessor and until his successor is elected and qualified.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §13.)Section 11-44-126

Section 11-44-126
Meetings of board of commissioners - Time; presiding officer; quorum; record of proceedings.

The board shall hold regular public meetings on Tuesday of each and every week at some regular hour to be fixed by the board from time to time and publicly announced by it, and it may hold such adjourned meetings as may be necessary or convenient. The president of the board, when present, shall preside at all meetings, but shall have no veto power. A majority of the commissioners shall constitute a quorum for the transaction of any and all business to be done by the board and for the exercise of any and every power conferred upon it. The affirmative vote of a majority of the commissioners shall be necessary and sufficient for the passage of any resolution or ordinance, for the transaction of any business of any sort by the board and for the exercise of any of the powers conferred upon the board by the terms of this article or that may hereafter be conferred upon it by law. This provision shall not be construed to prevent the board from delegating or assigning to one or more of its members, or to such boards, agencies, authorities, officers or employees as may be created or selected by it, the performance of such executive or judicial duties and powers as are vested by this article in the board, and as may be necessary or convenient, provided the same is done by resolution or ordinance duly enacted according to the terms of this article where not otherwise provided.

A record of the proceedings of every such meeting, including every resolution and ordinance passed by the board, shall be kept in a well-bound book and such record must be signed by at least two commissioners before any action taken shall be effective. The record shall be kept available for inspection by all citizens of the municipality at all reasonable times.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §7.)Section 11-44-127

Section 11-44-127
Meetings of board of commissioners - Place; meetings open to public.

All regular and adjourned meetings of the board shall be open to the public and shall be held in a regular designated place in the city hall and every citizen of the municipality shall have a right to be heard on any subject relating to the business or conduct of the municipality. This section shall not apply to meetings held for the purpose of disciplining employees of the municipality.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §15.)Section 11-44-128

Section 11-44-128
Bond of commissioners; holding of offices of profit or trust, etc., by commissioners, etc.

Each commissioner shall, before entering upon the duties of his office, furnish a good and sufficient bond, which shall be executed by a surety company authorized to do business in the state and shall be payable to and for the use and benefit of the municipality in the sum of $5,000.00, conditioned upon the faithful discharge of his duties and upon compliance with a covenant which shall be included in such bond that he will save the municipality harmless from all loss caused by his neglect of duty or misfeasance in office or for the willful expenditure of any moneys of the municipality in violation of the law. Such bond shall be deposited with the city clerk of the municipality. No such bond shall be deposited until it shall be approved by the probate judge. The premiums on such bond shall be paid out of the general fund of the municipality.

No commissioner nor any person holding an office of profit under the board shall hold any office of profit or trust under the laws of the United States or any state of the United States or hold any county office, nor shall any commissioner ever be elected or appointed to any office created by the board or the compensation of which was increased or fixed by the board while he was a member thereof within two years from the time he ceased to be a commissioner.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §10.)Section 11-44-129

Section 11-44-129
Compensation of commissioners; disbursement of funds from municipal treasury.

The president of the board and each associate commissioner shall be paid a salary, compensation or allowance at the same rate as before the election to come under this article; thereafter all commissioners shall be paid a salary, in an amount fixed by the commissioners at least six months prior to the election of any commissioner of the board. Such salaries shall be paid out of the general fund of the municipality.

The payment of all funds out of the treasury of the municipality shall be by warrant signed by the city clerk and countersigned by the president of the board or some other official or employee appointed by the president with the approval of the board, and, except as provided in this section, no funds may be paid out for any purpose except by resolution or ordinance duly passed authorizing such expenditure.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §14; Acts 1980, No. 80-365, p. 484.)Section 11-44-13

Section 11-44-13
Commissioners — Filling of two simultaneous vacancies.

Should a vacancy exist simultaneously from any cause provided for in this article in two commissionerships, so as to leave no quorum of said board of commissioners to fill the same, an election to fill said vacancies shall be called by the remaining commissioner to be held not less than 20 nor more than 30 days from the occurrence of the second vacancy. Notice of said election and of the time of holding same shall be given by one publication at least 15 days in advance of the same in one or more newspapers in said city or town at the expense of said city or town. The commissioners chosen at said election shall qualify as speedily as possible thereafter.



(Acts 1911, No. 504, p. 591; Code 1923, §2393; Code 1940, T. 37, §87.)Section 11-44-130

Section 11-44-130
Removal of commissioners - Filing, etc., of petition requesting resignation of commissioner; examination of petition, issuance of certificate, etc., by probate judge.

The qualified electors of the municipality may at any time file with the probate judge a petition asking for the resignation of a commissioner. Such petition shall contain a general statement of the grounds upon which the resignation of the commissioner is requested and shall contain the names of such a number of qualified electors as will equal three percent of the inhabitants of the municipality according to the most recent federal census who are qualified to vote for a successor to the commissioner whose resignation is sought. Such a petition may be by a number of instruments as well as by one instrument. Each person signing such petition shall sign his name in full and shall set opposite his name his address, the precinct and the district in which his name appears as a qualified voter. No signature shall be sufficient unless it is accompanied by the information required by the preceding sentence. No person other than a qualified elector shall sign such a petition, no person shall sign the name of another to any such petition whether with or without authority from such person and no person shall sign more than one separate instrument which is a part of a single petition. No qualified elector who has signed a petition provided for in this section can withdraw his signature.

When a petition is presented to the probate judge, it shall be his duty to hear and determine all questions as to whether the petition complies with the requirements of this section, the genuineness of the signatures thereon, the correctness and adequacy of the information given by each person signing the petition, the qualifications of electors signing such petition and whether the signatures were obtained in any manner not authorized by law. Should the probate judge decide any of the above questions adversely to those persons presenting the petition, it shall be his duty to return the petition with a written statement of the details of its insufficiency to such persons, and such persons shall have 10 days after the receipt of such petition and statement to have the said petition signed as required by law, at the end of which time they may again present such petition to the probate judge for reexamination. If the probate judge finds that the petition as originally submitted or as resubmitted to him complies in every respect with the requirements of this section, he shall issue his certificate so stating, and such certificate shall be attached to the petition.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §17.)Section 11-44-131

Section 11-44-131
Removal of commissioners - Certification of lists of electors to probate judge where municipality situated in two or more counties.

Where any city or town to which this article applies, is situated in two or more counties, the probate judge to which any petition provided for in this article is presented shall transmit a written request to the probate judge of each other county or counties in which any portion of said city or town is situated to certify to him a list of the qualified electors residing in that portion of such city or town which is located in such other county, and upon receipt of such written request it shall be the duty of the probate judge receiving same to certify such list of electors within seven days thereafter to the probate judge from whom such request was received.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §21.)Section 11-44-132

Section 11-44-132
Removal of commissioners - Unauthorized signing of petition.

Any person who signs the petition referred to in section 11-44-130 who is not a qualified elector in the municipality at the time of such signing, and any person who signs the name of another person to such petition whether with or without authority from such person and any person who shall sign more than one separate instrument which is a part of a single petition shall be guilty of a misdemeanor and may be punished by a fine not to exceed $300.00.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §19.)Section 11-44-133

Section 11-44-133
Removal of commissioners - Fee of probate judge; payment of security upon presentation of petition to probate judge.

The probate judge shall receive the cost of clerical work incident to the examination of the petition and 20 percent of such cost in addition as his fee for his services in examining the petition and issuing his certificate. Such charges shall be paid by the persons presenting the petition, and such persons must give security for the payment of such charges at the time of presentation of the petition to the probate judge.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §18.)Section 11-44-134

Section 11-44-134
Removal of commissioners - Delivery of petition and certificate to board of commissioners; recall election; special election for selection of successor.

A copy of the petition provided for in section 11-44-130, together with the certificate of the probate judge, shall be delivered to the board at a regular meeting thereof, and if the commissioner named therein shall not resign from office on or before the next regular meeting of the board, then the board shall at such next regular meeting order an election to be held by the municipality not less than 30 days nor more than 60 days from the date of said meeting, at which election the question shall be put whether the said commissioner shall be recalled. Notice of such election shall be published in a newspaper once a week for three successive weeks. If the majority of the electors at said election vote for the removal from office of the said commissioner and the number so voting in favor of such removal shall be equal to or greater than one half of the number of electors voting in the next preceding general municipal election in the municipality, the said commissioner's right to office shall terminate when the results of the election are declared and the said commissioner shall stand recalled; otherwise, he shall continue in office as if no election had been held.

Whenever the term of any commissioner is terminated as above provided, the board shall by resolution forthwith call a special election to select a successor to such commissioner, which election shall be held not more than 21 and not less than 14 days from the declaration of the result of the recall election. Notice of such election shall be published in a newspaper one time at least 10 days before such election is to be held. Candidates in such special election shall qualify and be voted upon and the successful candidate be determined in the same manner as provided in this article for the election of commissioners in quadrennial elections; provided, that statements of candidacy must be filed at least seven days before the day set for such election. In the event the term of more than one commissioner is terminated at the same recall election, the governor shall appoint temporary successors to hold office until permanent successors are elected and qualified as provided in this section, but if the term of only one commissioner is terminated, no temporary successor shall be appointed for such interim.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §20.)Section 11-44-135

Section 11-44-135
Distribution of municipal powers and duties among departments; authority of commissioners as heads of departments; additional duties of president of board.

The commissioners shall be municipal officers only and shall have, possess and exercise the municipal powers, legislative, executive and judicial, now or hereafter conferred upon municipalities and governing bodies thereof. The powers and duties of the municipality shall be distributed into and among three departments, as follows:

(1) The department of general administration shall be especially charged with the administration of all legal affairs of the municipality, the purchase of supplies, the collection of taxes, licenses and other sources of income, the expenditures of the municipality, the management of its sinking fund, the management of public utilities either owned and operated by the municipality or operated by private corporations under franchises or contracts with the municipality and supervision and control of all public libraries. The president of the board shall be the head of the department of general administration.
(2) The department of public improvements shall have special supervision over all public improvements in the municipality including the improvement and maintenance of streets and sidewalks, the building of viaducts, the construction, maintenance and operation of sewers, the erection and maintenance of all public buildings, parks, playgrounds and cemeteries and the collection and disposal of garbage and refuse. The associate commissioner number one shall be the head of the department of public improvements and shall be charged with, and responsible for, the operation of such department.
(3) The department of public safety shall have supervision over the fire and police departments and of all things connected therewith and over the public health and sanitation and, except as provided otherwise in this section, all things pertaining thereto. The associate commissioner number two shall be the head of the department of public safety and shall be charged with, and responsible for, the general administration of such department.

Each commissioner acting as the head of the department to which he is elected shall be limited in his authority as head of such department to the execution and enforcement of the laws and ordinances of the municipality pertaining to his department and to the administration thereof, except that all commissioners while sitting as members of the board as a legislative body at any regular meeting of the board or any adjournment thereof shall exercise the legislative powers of the board. In addition to the duties hereinbefore provided for, the president of the board shall perform all duties not inconsistent with the provisions of this article which are imposed by law on mayors in cities or towns having the aldermanic form of government.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §6.)Section 11-44-136

Section 11-44-136
Publication, enactment, etc., of ordinances or resolutions generally.

No resolution or ordinance granting any franchise, appropriating any money for any purpose (except ordinary payroll, monthly expense and supply items), providing for any public improvements, enacting any regulations concerning the public comfort, public safety or public health or of any other general and permanent nature shall be enacted which has not been published one time in a newspaper at least seven days prior to the final enactment thereof and which is not voted on at a regular or adjourned public meeting of the board; provided, that a meeting of the board may be called at any time to consider and act upon an emergency that involves the public safety or public health when not otherwise provided in this section.

Every resolution or ordinance introduced at any and every such meeting shall be reduced to writing and read before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §7.)Section 11-44-137

Section 11-44-137
Ordinances granting franchises, etc., for use of public highways or property.

No ordinance granting any franchise, lease or right to use the public highways or public property of the municipality shall take effect and be in force until 30 days after the final enactment of same by the board and publication of said ordinance as provided by this article, which publication shall be made at the expense of the person, firm or corporation applying for said grant.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §8.)Section 11-44-138

Section 11-44-138
Conflicts of interest of commissioners, officers or employees; certain persons not to be employed by or receive compensation from municipality; privileges, immunities, etc., of elective officers of municipality.

No commissioner and no officer or employee elected or appointed by the board shall be interested, directly or indirectly, in any contract or the profits thereof for work, material or service to be furnished or performed for the municipality, and no commissioner or regular employee holding employment under civil service regulations shall be interested in or be an employee of any corporation operating any public service utility or common carrier within the municipality; provided, that this limitation shall not apply to any employment or interest existing at the time of selection or election of such employee or commissioner.

No person who is related by consanguinity or affinity nearer than the fifth degree to any commissioner shall be allowed employment by election or appointment or receive compensation for services rendered the municipality.

Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor, and any elective officer violating this section shall be guilty of malfeasance in office and shall be punished as provided by the laws of the state.

Any elective officer of the municipality shall be subject to all the pains and penalties and enjoy all the privileges and immunities as provided by the Constitution and general laws of the state applicable to such elected officers.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §11.)Section 11-44-139

Section 11-44-139
Publication of semiannual statement of receipts and expenses, etc.; audit of books and accounts.

As of April 1 and October 1 of each year, the board shall cause to be published one time in a newspaper a detailed statement of all receipts and expenses of the municipality and a true summary of its proceedings during the preceding six months, such publication to be made not later than the fifteenth day of the month following the close of the six month period reported on.

At the end of each fiscal year the books and accounts of the municipality shall be audited by a reputable, disinterested and certified accountant or by the department of examiners of public accounts of the state, and the report of such audit must be certified to by the city clerk and attested by the commissioners and a true summary thereof published one time in a newspaper.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §12.)Section 11-44-14

Section 11-44-14
President of board of commissioners - Election; powers and duties generally.

Immediately upon said commissioners' taking office, they shall by a majority vote elect one of their number as president of the board of commissioners of said city or town, and said president of the board of commissioners shall, in addition to the other duties and powers given him by the provisions of this article, be invested with all the powers, jurisdiction and functions possessed by the mayor of such city and shall be required to perform all duties performed by the mayor of such city, except the power to veto an ordinance.



(Acts 1911, No. 504, p. 591; Code 1923, §2345; Code 1940, T. 37, §44.)Section 11-44-140

Section 11-44-140
Alteration of form of government of municipality.

The form of government of the municipality may be changed or altered by the people of the municipality in the same manner and method as is provided in the general laws of the state; provided, that in the event the form of government of the municipality is changed, the officials of the municipality under the new form of government shall be elected in a municipal election to be held by order of the probate judge, such election to be held not less than 30 days and not more than 60 days from the date upon which the result of the election to change the form of government is declared by the probate judge; provided further, that no election shall be held at the same time or within four months prior to the day on which commissioners are elected.



(Acts 1964, 1st Ex. Sess., No. 214, p. 288, §16.)Section 11-44-15

Section 11-44-15
President of board of commissioners - Designation as mayor.

All persons who now or who shall hereafter hold the office of president of the board of commissioners of any city or town within the state of Alabama shall also have and hold the honorary title of "mayor" of such city or town.



(Acts 1949, No. 31, p. 44.)Section 11-44-150

Section 11-44-150
Petition to probate judge for election as to abandonment of commission form of government.

All cities or towns in the state of Alabama which may have heretofore adopted a commission form of government may present a petition signed by such number of the qualified electors of said city or town as will equal three voters for every 100 inhabitants or fraction thereof according to the most recent federal or municipal census residing in such cities or towns to the judge of probate of the county in which such city or town is located, asking that the proposition of abandoning the commission form of government be submitted to the qualified voters of said city or town.



(Acts 1915, No. 699, p. 770; Code 1923, §2394; Code 1940, T. 37, §120.)Section 11-44-151

Section 11-44-151
Examination of petition and certification thereof to president of board of commissioners.

The judge of probate shall examine such petition and determine whether or not the same is signed by the requisite number of the qualified electors of such city or town to authorize an election in such city or town for the purpose of abandoning such commission form of government, and if such probate judge shall find that said petition contains the requisite number of electors to authorize such election, he shall, within 10 days from the receipt of such petition, certify such fact to the president of the board of commissioners of said city or town in which such election is so petitioned, and the certificate of the judge of probate as to the sufficiency of said petition shall be final.



(Acts 1915, No. 699, p. 770; Code 1923, §2395; Code 1940, T. 37, §121.)Section 11-44-152

Section 11-44-152
Calling of election.

The president of the board of commissioners of said city or town shall, immediately upon the receipt of such petition from the probate judge, by proclamation submit the question of abandoning the commission form of government at a special election to be held at a time specified therein within 40 days after the receipt of said certificate from said probate judge.



(Acts 1915, No. 699, p. 770; Code 1923, §2396; Code 1940, T. 37, §122.)Section 11-44-153

Section 11-44-153
Subsequent elections not to be held within two years of preceding election.

If said plan of abandoning the commission form of government is not adopted, after said special election called, the question of abandoning said plan cannot be resubmitted to the voters of said city or town within two years thereafter, and then the question to abandon said plan may be resubmitted in the manner provided in this article.



(Acts 1915, No. 699, p. 770; Code 1923, §2397; Code 1940, T. 37, §123.)Section 11-44-154

Section 11-44-154
Proposition submitted to voters; form and marking of ballots.

At such election the proposition to be submitted shall be: "Shall the proposition to abandon the commission form of government in the city (or town) of _____ and return to the aldermanic form of government be adopted?"

The following shall be the form of ballot, which words shall be printed in plain type on separate slips:

"Shall the proposition to abandon the commission form of government, in the city (or town) of _____ and return to the aldermanic form of government be adopted? Yes ___; No ____."
The voter shall mark his ballot with a cross mark (X) before or after the word which expresses his choice. No other proposition shall be submitted to the voters of said city or town upon the ballot.



(Acts 1915, No. 699, p. 770; Code 1923, §2398; Code 1940, T. 37, §124.)Section 11-44-155

Section 11-44-155
Conduct of election, canvassing of vote and declaration of election result; adoption and certification thereof of provisions as to mayor-council form of government.

The election thereupon shall be conducted, the vote canvassed and the result declared in the manner now provided by law for other municipal elections, and if the majority of the votes cast shall be in favor of such proposition, then the provisions of the general municipal law with respect to the aldermanic form of government shall become effective October 1 of the general municipal election year next following said election, and the president of the board of commissioners of said city or town shall transmit to the governor of Alabama, to the secretary of state and to the judge of probate of the county, each, a certificate stating that such proposition was adopted by said city or town.



(Acts 1915, No. 699, p. 770; Code 1923, §2399; Code 1940, T. 37, §125.)Section 11-44-156

Section 11-44-156
Mayor and aldermen - Election.

At the next general municipal election after an election approving the abandonment of the commission form of government, there shall be elected a mayor and the requisite number of aldermen in accordance with the general municipal law under which the city or town will be organized upon the effective date of the abandonment of the commission form of government.



(Acts 1915, No. 699, p. 770; Code 1923, §2400; Code 1940, T. 37, §126.)Section 11-44-157

Section 11-44-157
Mayor and aldermen - Powers and duties.

The mayor and aldermen of said city or town shall possess and exercise all the powers and authority, legislative, executive and judicial, possessed and exercised by municipal corporations of such population, which may never have been organized under commission form of government.



(Acts 1915, No. 699, p. 770; Code 1923, §2402; Code 1940, T. 37, §128.)Section 11-44-158

Section 11-44-158
Continuation of corporate existence, etc., of municipality; continuation in force of laws, bylaws, ordinances and resolutions.

Such city or town shall continue its organization as a body corporate under the name of the city or town of _____ (inserting the name of said city or town). It shall continue to be subject to all the duties and obligations then pertaining to or incumbent upon it as a municipal organization and shall continue to enjoy all rights, immunities, powers and franchises then enjoyed by it, as well as those that may hereafter be granted to it.

All laws governing such city or town and not inconsistent with the provisions of this article shall apply to and govern said city or town after it shall have become organized under the aldermanic form as provided by this article. All bylaws, ordinances and resolutions lawfully passed and enforced in said city or town under its former organization shall remain in force until altered or repealed as authorized by law.



(Acts 1915, No. 699, p. 770; Code 1923, §2403; Code 1940, T. 37, §129.)Section 11-44-159

Section 11-44-159
Continuation of territorial limits; creation of wards; vesting of rights, powers and privileges.

The territorial limits of said city or town shall remain the same as under its former organization, except that it shall be divided into wards in the manner provided by law, and all rights, powers and privileges of every description which were vested in it shall vest in it under the organization provided for in this article as though there had been no change in the organization of said city or town.



(Acts 1915, No. 699, p. 770; Code 1923, §2404; Code 1940, T. 37, §130.)Section 11-44-16

Section 11-44-16
President of board of commissioners - Performance of duties and responsibilities of mayor in certain municipalities.

In all incorporated towns and cities in this state having a population of less than 25,000 according to the last or any succeeding federal or municipal census and having a commission form of government, the president of the board of commissioners shall be the mayor and may be paid additional compensation for performing the duties and responsibilities of the mayor.



(Acts 1953, No. 310, p. 367, §1; Acts 1967, No. 512, p. 1236.)Section 11-44-160

Section 11-44-160
Rights, liabilities, civil actions, etc., not affected.

No right or liability, either in favor of it or against it, and no civil action or prosecution of any kind shall be affected by such change unless otherwise expressly provided for by the terms of this article.



(Acts 1915, No. 699, p. 770; Code 1923, §2405; Code 1940, T. 37, §131.)Section 11-44-161

Section 11-44-161
Continuation in office of officials and employees; offices of commissioners, president of board of commissioners, etc., abolished.

All employees of said city or town and all the officials except those whose terms of office are abolished by this article, shall continue in office until, but only until, otherwise provided by the mayor and aldermen of said city or town, but the office of commissioner and the office of the board of commissioners and the office of president of the board of commissioners are abolished upon the effective date of the abandonment of the commission form of government.



(Acts 1915, No. 699, p. 770; Code 1923, §2406; Code 1940, T. 37, §132.)Section 11-44-162

Section 11-44-162
Management, etc., of municipalities abandoning commission form of government; powers, duties, etc., of mayor and aldermen.

Every city or town abandoning the commission form of government and returning to the aldermanic form as authorized in this article shall be governed and managed by the mayor and aldermen of said city or town in all respects as provided for by law, and the mayor and aldermen, as such, shall possess all the powers and perform all the duties and obligations now or hereafter conferred upon the mayor and aldermen in cities or towns in the state of Alabama.



(Acts 1915, No. 699, p. 770; Code 1923, §2407; Code 1940, T. 37, §133.)Section 11-44-17

Section 11-44-17
President of board of commissioners - Performance of duties and responsibilities of mayor in certain municipalities - Duties as president of board of commissioners and as mayor.

In such cities and towns the mayor as such shall perform all the duties and exercise all the powers of the president of the board of commissioners except presiding at the meetings of the board of commissioners and participating in and voting at such meetings and signing the minutes thereof, which latter powers and duties shall be exercised and performed by him as president of the board of commissioners.



(Acts 1953, No. 310, p. 367, §2.)Section 11-44-18.1

Section 11-44-18.1
Salaries and expenses of mayor and associate commissioners in Class 5 municipalities; payment of funds out of treasury by warrant; designation of commissioner to act in mayor's absence; disbursements shall be authorized by resolution or voucher.

(a) This section relates to all Class 5 municipalities with commission forms of government.

(b)(1) The mayor and associate commissioners shall receive such salary as the board of commissioners may prescribe by resolution, provided, however, notwithstanding any other provisions of this chapter, such resolution shall be read at length at least one week prior to adoption. Any salary established pursuant to this section shall take effect for all members of the governing body on the day any member of the governing body commences his term following the adoption of the salary resolution.

(2) In addition, all reasonable expenses incurred by such mayor and associate commissioners in the performance of their duties shall be reimbursed by the city.

(3) All such salaries shall be payable by the municipality in equal bi-weekly installments and at the same rate for every fraction of year which the mayor and commissioners serve.

(4) The payment of all funds out of the treasury shall be by warrants signed by the city clerk and countersigned by the mayor, provided that during the absence of the mayor and necessity therefor arising, warrants may be countersigned by one of the associate commissioners.

(5) During the absence of the mayor, the mayor shall designate one of the associate commissioners to act as acting mayor and to perform the duties of said office.

(6) All disbursements of municipal funds shall be authorized by resolution of the commission, or by voucher or voucher approval list signed by the city clerk-treasurer and three members of the commission.



(Acts 1985, 2nd Ex. Sess., No. 85-825, p. 82; Acts 1985, 2nd Ex. Sess., No. 85-981, p. 327.)Section 11-44-18

Section 11-44-18
Compensation of commissioners and president of board of commissioners.

Unless otherwise provided in this Code or by local laws, the president of the board of commissioners of every city organized under the terms of this article shall receive a salary in an amount fixed by the board of commissioners at least six months prior to the election of any commissioner of the board, and each commissioner of such city shall receive a salary in an amount fixed by the commissioners at least six months prior to the election of any commissioner of the board.

All salaries of commissioners shall be paid monthly and at the same rate for every fraction of a year for which they serve.



(Code 1923, §2377; Code 1940, T. 37, §73; Acts 1975, 1st Ex. Sess., No. 26, p. 77, §1; Acts 1980, No. 80-361, p. 481.)Section 11-44-19

Section 11-44-19
Meetings of board of commissioners - Time, etc.

Said board of commissioners shall hold regular public meetings on the first and third Tuesdays of each and every month at some regular hour to be fixed by said board from time to time and publicly announced by it; provided, however, that said board may by ordinance provide that it shall hold regular public meetings on Tuesday of each and every week or on the second and fourth Tuesdays of each and every month, the time of such meetings to be fixed by said board from time to time and publicly announced by it. Said board of commissioners may hold such adjourned, called and other meetings as may be necessary or convenient.



(Acts 1911, No. 504, p. 591; Code 1940, T. 37, §52; Acts 1951, No. 904, p. 1543; Acts 1957, No. 672, p. 1020.)Section 11-44-2

Section 11-44-2
Petition to probate judge for election as to organization under commission form of government; examination of petition and certification thereof to mayor.

Upon the presentation of a petition signed by a number of qualified electors of such city as will equal three voters for each 100 inhabitants or fraction thereof, according to any federal or municipal census hereafter taken, residing in such city or town to the judge of probate of the county in which such city or town is located or in which a part of such city or town is located, asking that the proposition of organizing under this article be submitted to the qualified voters of such city or town, the judge of probate shall examine such petition and determine whether or not the same is signed by the requisite number of qualified electors of such city or town to authorize such election in such city or town for the purpose of adopting the provisions of this article and, if such judge of probate shall find said petition contains a requisite number of electors to authorize such an election, he shall within 15 days from the receipt of such petition certify such fact to the mayor of the city or town in which such election is so petitioned, and the certificate of the judge of probate as to the sufficiency of said petition shall be final. Where such city or town is situated in two or more counties, the judge of probate to which such petition is presented shall require the judge of probate of such other county or counties in which said city or town is situated to certify to him a list of the qualified electors residing in such city or town and in each respective county; and, upon receipt of such written request, it shall be the duty of such judge of probate within seven days thereafter to certify such list of electors to the judge of probate from which such request was received.



(Acts 1911, No. 504, p. 591; Code 1923, §2336; Acts 1927, No. 397, p. 465; Code 1940, T. 37, §36.)Section 11-44-20

Section 11-44-20
Meetings of board of commissioners - Presiding officer; quorum.

The president of the board of commissioners, when present, shall preside at all meetings of said board but shall have no veto power. Two members of said board shall constitute a quorum for the transaction of any and every business to be done by said board and for the exercise of any and every power conferred upon it, and the affirmative vote of two members of said board shall be necessary and sufficient for the passage of any resolution, bylaw or ordinance, or the transaction of any business of any sort by said board or the exercise of any of the powers conferred upon it by the terms of this article or that may hereafter be conferred upon it.



(Acts 1911, No. 504, p. 591; Code 1923, §2354; Code 1940, T. 37, §53.)Section 11-44-21

Section 11-44-21
Meetings of board of commissioners - When open to public.

All meetings of said board of commissioners at which any person not a city or town officer is present shall be open to the public.



(Acts 1911, No. 504, p. 591; Code 1923, §2356; Code 1940, T. 37, §55.)Section 11-44-22

Section 11-44-22
Meetings of board of commissioners - Record of proceedings.

A record of the proceedings of every such meeting shall be kept in a well-bound book, and every resolution or ordinance passed by the board of commissioners must be recorded in such book, and the record of the proceedings of the meeting must be signed by at least two of the commissioners before the action taken shall be effective. Such record shall be kept available for inspection by all citizens of such city or town at all reasonable times.



(Acts 1911, No. 504, p. 591; Code 1923, §2359; Code 1940, T. 37, §58.)Section 11-44-23

Section 11-44-23
Powers and authority of board of commissioners upon organization of commission form of government; abolition of certain boards, commissions and officers; continuation of corporate existence, etc., of municipality.

The commissioners of such city or town, to be known as the board of commissioners of such city or town, shall have, possess and exercise all the powers and authority, legislative, executive and judicial, possessed and exercised by the mayor and board of aldermen and board of police commissioners and any and all other boards (except the board of education), commissions and officers of said city or town of any and every sort whatsoever, and all such boards, commissions and officers (except those provided for by this article) shall then and thereby be abolished, and the terms of office of any and all such officers or officials shall then and thereby cease, except boards of education. Such city or town shall continue its existence as a body corporate under the name of "City of _____" or "Town of _____" (inserting the name of such city or town). It shall continue to be subject to all the duties and obligations then pertaining to or incumbent upon it as a municipal corporation and shall continue to enjoy all the rights, immunities, powers and franchises then enjoyed by it as well as those that may thereafter be granted to it.



(Acts 1911, No. 504, p. 591; Code 1923, §2346; Code 1940, T. 37, §45.)Section 11-44-24

Section 11-44-24
Continuation in force of laws, bylaws, ordinances and resolutions.

All laws governing such city or town and not inconsistent with the provisions of this article shall apply to and govern said city or town after it shall become organized under the commission form of government provided by this article. All bylaws, ordinances and resolutions lawfully passed and in force in any such city or town under its former organization shall remain in force until altered or repealed according to the provisions of this article.



(Acts 1911, No. 504, p. 591; Code 1923, §2347; Code 1940, T. 37, §46.)Section 11-44-25

Section 11-44-25
Continuation of territorial limits; discontinuance of wards and election of commissioners at large.

The territorial limits of such city or town shall remain the same as under its former organization, except that all divisions into wards of such municipality as adopts this article shall be discontinued and all commissioners shall be elected at large.



(Acts 1911, No. 504, p. 591; Code 1923, §2348; Code 1940, T. 37, §47.)Section 11-44-26

Section 11-44-26
Continuation, etc., of rights, powers, liabilities, etc.

All rights, powers and property of every description which were vested in said city or town shall vest in it under the organization provided for in this article as though there had been no change in the organization of said city or town, and no right or liability, either in favor of it or against it, and no civil action or prosecution of any kind shall be affected by such change, unless otherwise expressly provided for by the terms of this article.



(Acts 1911, No. 504, p. 591; Code 1923, §2349; Code 1940, T. 37, §48.)Section 11-44-27

Section 11-44-27
Continuation in office of officials and employees.

All employees of said city or town and all officials except those whose terms of office are abolished by this article shall continue in office until otherwise provided by said board of commissioners of said city or town.



(Acts 1911, No. 504, p. 591; Code 1923, §2350; Code 1940, T. 37, §49.)Section 11-44-28

Section 11-44-28
Selection, compensation, removal, etc., of officers and employees generally.

Every city or town adopting the form of government provided for by this article shall be governed and managed by the board of commissioners provided for in this article. Each and every officer and employee of said city or town other than the commissioners shall be selected and employed by the said board or under its direction, and all salaries and wages paid by said city or town, except as otherwise provided by the terms of this article, shall be fixed by said board. The board of commissioners shall have the authority to create all necessary offices and shall prescribe and may at any time change the power, duties and titles of all subordinate officers and employees of said city or town, and all such officers and employees shall hold office and be removable at the pleasure of the board of commissioners; provided, however, that all salaried officials, except members of the boards and commissioners above mentioned who are holding office at the time of the adoption of such form of government under an election, appointment or other selections for a definite term, shall be permitted to serve out such term in the position and with the duties and compensation and subject to the conditions, restrictions and regulations which would have existed had there been no change in the government of such city or town.



(Acts 1911, No. 504, p. 591; Code 1923, §2351; Acts 1933, Ex. Sess., No. 150, p. 139; Acts 1935, No. 505, p. 1083; Code 1940, T. 37, §50.)Section 11-44-29

Section 11-44-29
Distribution of executive and administrative powers and duties among departments; determination and exercise of powers and duties of departments by commissioners.

(a) The executive and administrative powers and duties in such cities or towns shall be distributed into and among three departments as follows:

(1) Department of public safety and public health;

(2) Department of streets, parks, municipal and public property and municipal and public improvements; and

(3) Department of accounts, finances and public affairs.

(b) The powers and duties pertaining to each of said departments shall be fixed by the said board of commissioners and altered from time to time as they may deem best, and one of the members of said board shall be assigned to take charge of each such department and shall, as head of such department, exercise the duties and powers so provided by said board, and said assignments may be changed at any time by a majority of said board.



(Acts 1911, No. 504, p. 591; Code 1923, §2352; Code 1940, T. 37, §51.)Section 11-44-3

Section 11-44-3
Calling of election by mayor.

The mayor of such city or town shall immediately upon receipt of such petition from the probate judge by proclamation submit the question of organizing the city or town under this article at a special election to be held at a time specified therein within 40 days after the receipt of said certificate from said probate judge.



(Acts 1911, No. 504, p. 591; Code 1923, §2337; Code 1940, T. 37, §37.)Section 11-44-30

Section 11-44-30
Assignment or delegation of powers and duties of board of commissioners.

The board of commissioners may assign or delegate to one or more of its members or to such boards, commissioners, officers or employees as may be created or selected by it the performance of such executive and judicial duties and powers as may be necessary or convenient; provided the same is done by resolution, bylaw or ordinance duly enacted according to the terms of this article and according to the laws of Alabama.



(Acts 1911, No. 504, p. 591; Code 1923, §2355; Code 1940, T. 37, §54.)Section 11-44-31

Section 11-44-31
Resolutions, bylaws or ordinances generally - Manner of enactment generally.

No resolution, bylaw or ordinance granting any franchise, appropriating any money for any purpose, providing for any public improvements, enacting any regulations concerning the public comfort, the public safety or public health or of any other general or permanent nature shall be enacted except at a regular or adjourned public meeting of said board of commissioners.



(Acts 1911, No. 504, p. 591; Code 1923, §2357; Code 1940, T. 37, §56.)Section 11-44-32

Section 11-44-32
Resolutions, bylaws or ordinances generally - Form and voting thereon.

Every motion, resolution or ordinance introduced at any and every such meeting shall be reduced to writing and read before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded.



(Acts 1911, No. 504, p. 591; Code 1923, §2358; Code 1940, T. 37, §57.)Section 11-44-33

Section 11-44-33
Resolutions, bylaws or ordinances granting franchises, etc., for use of streets, public highways, etc. - Publication; effective date.

No resolution, bylaw or ordinance granting to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thoroughfares or public property of the city or town organized under the provisions of this article, either in, under, upon, along, through or over same, shall take effect and be in force until 30 days after the final enactment of same by the board of commissioners and publication of said resolution, bylaw or ordinance in full once a week for three consecutive weeks in some newspaper published in said city or town, which publication shall be made at the expense of the persons, firms or corporations applying for said grant.



(Acts 1911, No. 504, p. 591; Code 1923, §2360; Code 1940, T. 37, §59.)Section 11-44-34

Section 11-44-34
Resolutions, bylaws or ordinances granting franchises, etc., for use of streets, public highways, etc. - Objections thereto and elections thereon.

Pending the passage of any such resolution, bylaw or ordinance or during the time intervening between its final passage and the expiration of the 30 days during which publication shall be made as provided in section 11-44-33, the legally qualified voters of said city or town may by written petition or petitions addressed to said board of commissioners object to such grant and, if, during said period, such written petition or petitions signed by at least a number of qualified voters equal to four for every 100 inhabitants of said city or fraction thereof according to the last federal census shall be filed with the said board of commissioners, said board shall forthwith order an election at which election the legally qualified voters of said city or town shall vote for or against the proposed grant as set forth in said bylaw, resolution or ordinance. In the call for said election the said resolution, bylaw or ordinance making said grant shall be published at length and in full at the expense of the city or town in some newspaper in said city or town by one publication.



(Acts 1911, No. 504, p. 591; Code 1923, §2361; Code 1940, T. 37, §60.)Section 11-44-35

Section 11-44-35
Resolutions, bylaws or ordinances granting franchises, etc., for use of streets, public highways, etc. - Proceedings upon determination of election result.

If at such election the majority of the votes shall be in favor of said ordinance and the making of the proposed grant, the same shall thereupon become effective, but if a majority of the votes so cast shall be against the passage of said resolution, bylaw or ordinance and against the making of said grant, said bylaw, resolution or ordinance shall not become effective, nor shall it confer any rights, powers or privileges of any kind, and it shall be the duty of the said board of commissioners, after such result of said election shall be determined, to pass a resolution or ordinance to that effect.



(Acts 1911, No. 504, p. 591; Code 1923, §2362; Code 1940, T. 37, §61.)Section 11-44-36

Section 11-44-36
Manner in which franchise, etc., as to use of streets, public highways, etc., to be granted, extended or enlarged.

No grant of any franchise or lease or right of use or any other right in, under, upon, along, through or over the streets, public highways, thoroughfares or public property of any such city or town shall be made or given, nor shall any such rights of any kind whatsoever be conferred upon any person, firm or corporation, except by resolution or ordinance duly passed by the board of commissioners at some regular or adjourned meeting and published as provided for in section 11-44-33, nor shall any extension or enlargement of any such rights or powers previously granted be made or given, except in the manner and subject to all the conditions provided for in this section as to the original grant of same.



(Acts 1911, No. 504, p. 591; Code 1923, §2363; Code 1940, T. 37, §62.)Section 11-44-37

Section 11-44-37
Elections for office of commissioner - Filing and form of statement of candidacy, etc.

Any person desiring to become a candidate at any election which may be held according to the terms of this article for the office of commissioner may become such candidate by filing, in the office of the mayor of said city or town if at the first election of the commission under this article or with the board of commissioners at any subsequent election, a statement of such candidacy, accompanied by affidavit taken and certified by said mayor or by a member of said board of commissioners or by a notary public, that such person is duly qualified to hold the office for which he desires to become a candidate. Such statement shall be filed at least 20 days before the day set for such election and shall be substantially in the following form:

"State of Alabama, _____ county. I, the undersigned, being first duly sworn, depose and say that I am a citizen of the city (or town) of _____ in said state and county and reside at _____ in said city (or town); that I desire to become a candidate for the office of commissioner in said city (or town) for the term of _____ years at the election for said office to be held on the _____ day of _____, 19__; that I am duly qualified to hold said office if elected thereto, and I hereby request that my name be printed upon the official ballots at said election. (Signed) _____. Subscribed and sworn to before me by said _____ on this _____ day of _____, 19__, and filed in this office for record on said day _____ style of officer."



(Acts 1911, No. 504, p. 591; Code 1923, §2365; Code 1940, T. 37, §63.)Section 11-44-38

Section 11-44-38
Elections for office of commissioner - Qualifications of candidates.

No person shall be eligible for such office who shall not be over the age of 19 years at the time he shall become a candidate and unless he is duly qualified to vote in the election at which he shall be elected.



(Acts 1911, No. 504, p. 591; Code 1923, §2372; Code 1940, T. 37, §69.)Section 11-44-39

Section 11-44-39
Elections for office of commissioner - Ballots generally.

No name shall appear upon said ballot as a candidate for election except the names of such persons as have become candidates according to the provisions as set forth in section 11-44-37, and no ballots shall be used at any such election except the official ballot prepared by the city or town.



(Acts 1911, No. 504, p. 591; Code 1923, §2367; Code 1940, T. 37, §64.)Section 11-44-4

Section 11-44-4
Subsequent elections not to be held within two years of preceding election.

If said proposition is not adopted after the special election called, the question of adopting said proposition shall not be resubmitted to the voters of said city or town for adoption within two years thereafter, and then the question of adopting said proposition may be resubmitted in the manner above provided.



(Acts 1911, No. 504, p. 591; Code 1923, §2338; Code 1940, T. 37, §38.)Section 11-44-40

Section 11-44-40
Elections for office of commissioner - Specification in statement of candidacy and ballot as to long or short term.

Whenever it shall happen that more than one commissioner is to be elected at any election, the candidates shall specify in the statement filed as provided in section 11-44-37 whether they are candidates for the long or short term, and this shall be shown on the ballot prepared for such election.



(Acts 1911, No. 504, p. 591; Code 1923, §2368; Code 1940, T. 37, §65.)Section 11-44-41

Section 11-44-41
Elections for office of commissioner - Manner of voting; majority of votes required.

At every election each voter shall vote for only one candidate for each office, and the candidate receiving the highest number of votes for such office shall be elected thereto, provided he receives a majority of all the votes cast for such office.



(Acts 1911, No. 504, p. 591; Code 1923, §2369; Code 1940, T. 37, §66.)Section 11-44-42

Section 11-44-42
Elections for office of commissioner - Holding of runoff election.

In case no one of such candidates shall receive a majority of all such votes cast for the office for which he is a candidate, another election shall be held on the same day of the following week for said office, at which the two candidates receiving the highest number of votes at the initial election for said office shall be voted for. The candidate receiving the highest number of votes at such final election shall be declared elected.



(Acts 1911, No. 504, p. 591; Code 1923, §2370; Code 1940, T. 37, §67.)Section 11-44-43

Section 11-44-43
Elections for office of commissioner - Qualified voters only to vote.

The commissioners provided for by this article shall be elected by the vote of the legally qualified voters.



(Acts 1911, No. 504, p. 591; Code 1923, §2371; Code 1940, T. 37, §68.)Section 11-44-44

Section 11-44-44
Filing and publication of statement of campaign expenses, etc., by commissioners.

Every commissioner elected by popular vote in such city or town shall, within 30 days after qualifying, file with the judge of probate of the county, and same shall be published at least once in a newspaper of general circulation in such city or town, his sworn itemized statement in detail of all his election and campaign expenses and by whom such funds were contributed.



(Acts 1911, No. 504, p. 591; Code 1923, §2380; Code 1940, T. 37, §76.)Section 11-44-45

Section 11-44-45
Selection of municipal employees.

The employees of cities or towns organized under this article shall be selected by the board of commissioners solely on account of their fitness and without regard to their political affiliations. It shall be unlawful to hold a party caucus or primaries for the purpose of nominating any employee to be selected by such board of commissioners, and any person who shall solicit, receive or accept a party or caucus nomination for any office to be filled by said board of commissioners shall thereby be rendered ineligible for such office or for any other office under said city or town for a period of one year thereafter.



(Acts 1911, No. 504, p. 591; Code 1923, §2378; Code 1940, T. 37, §74.)Section 11-44-46

Section 11-44-46
Officers or employees not to be interested in contracts for services, etc., for municipality or railway, gas works, etc., therein.

No officer or employee elected or appointed in any such city or town shall be interested, directly or indirectly, in any contract for work or materials or the profits thereof or services to be furnished or performed for the city or town, and no such officer or employee shall be interested, directly or indirectly, in any contract for work or materials or the profits thereof or services to be furnished or performed for any person, firm or corporation operating an interurban railway, street railway, gas works, electric light or power plant, heating plant, telegraph line or telephone exchange within the territorial limits of said city or town.



(Acts 1911, No. 504, p. 591; Code 1923, §2381; Code 1940, T. 37, §77.)Section 11-44-47

Section 11-44-47
Officers not to be interested in or employed by public service utilities.

No such commissioner or other official of such city shall be interested in or be an employee of any corporation operating any public service utility within such city or town; provided, that this section shall not apply to any employment or interest existing at the time of the selection or election of such commissioner or other official.



(Acts 1911, No. 504, p. 591; Code 1923, §2382; Code 1940, T. 37, §78.)Section 11-44-48

Section 11-44-48
Acceptance, etc., of free passes, gifts, etc., by officers or employees from railways, gas works, etc.

No such officer or employee shall accept or receive, directly or indirectly, from any person, firm or corporation operating within the territorial limits of said city or town any railroad, interurban railway, street railway, gas works, water works, electric light or power plant, heating plant, telegraph line or telephone exchange or other business using or operating under a public franchise any frank, free pass, free ticket or free service or accept or receive, directly or indirectly, from any such person, firm or corporation any gift or other thing of value or any service upon terms more favorable than are granted to the public generally. Every such contract or agreement shall be void.

Such prohibition of free transportation shall not apply to policemen or firemen in uniform, nor to policemen in the discharge of their duty nor shall any free service to city or town officials heretofore provided by any franchise or ordinance be affected.



(Acts 1911, No. 504, p. 591; Code 1923, §§2383, 2384; Code 1940, T. 37, §79.)Section 11-44-49

Section 11-44-49
Publication, etc., of quarterly statement of receipts and expenses, etc.

The board of commissioners shall, each quarter, print in pamphlet form a detailed statement of all receipts and expenses of the city or town and a summary of its proceedings during the preceding quarter and furnish printed copies thereof to the daily newspapers of the city or town and to persons who apply therefor.



(Acts 1911, No. 504, p. 591; Code 1923, §2385; Code 1940, T. 37, §80.)Section 11-44-5

Section 11-44-5
Proposition submitted to voters; form and marking of ballots.

At such election the proposition to be submitted shall be "Shall the proposition to organize the city (or town) of _____ under the commission form of government as provided by Title 11, chapter 44, article 1 of the Code of Alabama be adopted?" The following shall be the form of the ballot, which words shall be printed in plain prominent type on separate ballots:

"Shall the proposition to organize the city (or town) of _____ under the commission form of government as provided by Title 11, chapter 44, article 1 of the Code of Alabama be adopted? Yes _____ No _____."
The voter shall mark his ballot with a cross mark (X) before or after the word which expresses his choice. No other proposition shall be submitted to the voters of said city or town upon this ballot.



(Acts 1911, No. 504, p. 591; Code 1923, §2339; Code 1940, T. 37, §39.)Section 11-44-50

Section 11-44-50
Examinations of books and accounts.

At the end of each year the board of commissioners shall cause a full and complete examination of all the books and accounts of the city or town to be made by competent accountants and shall publish the result of such examination in the manner provided in section 11-44-49 for publication of statements of quarterly expenditures, and the governor may, at any time, have all the books and accounts of such city or town examined by a state examiner of public accounts, the cost of such examination to be paid by such city or town upon the presentation to the president of the board of commissioners of such city or town of a duly verified statement of such expenses made by such examiner of public accounts, approved by the governor.



(Acts 1911, No. 504, p. 591; Code 1923, §2386; Code 1940, T. 37, §81.)Section 11-44-51

Section 11-44-51
Maintenance of record books by probate judges and compensation therefor.

The judges of probate of the counties in which are located cities or towns covered by this article shall record in a well-bound book, kept for that purpose, all papers required to be filed with them under the terms of this article and shall receive therefor the compensation allowed by law for recording deeds.



(Acts 1911, No. 504, p. 591; Code 1923, §2390; Code 1940, T. 37, §85.)Section 11-44-52

Section 11-44-52
Promising, etc., of employment, etc., to obtain political support, etc.; provision of automobiles, etc., to bring voters to polls.

It shall be unlawful for any candidate for office or any officer in said city or town, directly or indirectly, to give or promise any person or persons an office, position, employment, benefit or anything of value for the purpose of influencing or obtaining the political support, aid or vote of any person or persons or for any candidate to provide or use any hacks, automobiles or other vehicles for the purpose of bringing voters out to the polls on election day.



(Acts 1911, No. 504, p. 591; Code 1923, §2379; Code 1940, T. 37, §75.)Section 11-44-53

Section 11-44-53
Offering or accepting bribes for votes; unauthorized voting.

Any person offering to give a bribe either in money or other consideration to any voter for the purpose of influencing his vote at any election provided in this article; any voter entitled to vote at such election receiving and accepting such bribe or other consideration; any person making false answer to any of the provisions of this article relative to his qualifications to vote at said election; any person willfully voting or offering to vote at such election who is not a resident of this state at the time of said election or who is not 18 years of age or is not a citizen of the United States or knows himself not to be a qualified voter of such precinct where he offers to vote; or any person knowingly procuring, aiding or abetting any violation of this section shall be deemed guilty of a misdemeanor.



(Acts 1911, No. 504, p. 591; Code 1923, §2387; Code 1940, T. 37, §82.)Section 11-44-54

Section 11-44-54
Solicitation, etc., of votes by municipal employees.

Any employee of any such city or town who solicits support for any candidate for commissioner or any such employee who shall endeavor to influence any voter to vote for or against any candidate for commissioner shall be deemed guilty of a misdemeanor.



(Acts 1911, No. 504, p. 591; Code 1923, §2388; Code 1940, T. 37, §83.)Section 11-44-55

Section 11-44-55
Payment, etc., of persons to solicit votes; acceptance of pay, etc., to solicit votes.

It shall be unlawful for any candidate for commissioner or for any other person in his behalf to hire, or pay or agree to pay any person to solicit votes at the polls on election day and unlawful for any person to accept such hire or make such contract for pay to solicit votes for any candidate for commissioner.



(Acts 1911, No. 504, p. 591; Code 1923, §2391; Code 1940, T. 37, §86.)Section 11-44-56

Section 11-44-56
Applicability of general state laws as to municipal elections.

All general laws of this state regulating and prescribing the conduct of municipal elections and the qualification and registration of voters thereat shall apply to elections under this article, except so far as expressly modified herein.



(Acts 1911, No. 504, p. 591; Code 1923, §2389; Code 1940, T. 37, §84.)Section 11-44-57

Section 11-44-57
Penalties for violations of provisions of article.

Any person willfully violating any of the provisions of this article relating to the commission form of government for municipalities shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $50.00 nor more than $500.00 and may, at the discretion of the court trying the case, be sentenced to hard labor for the county for a term not to exceed six months, and such offenses shall be grounds for removal from any municipal office.



(Acts 1911, No. 504, p. 591; Code 1923, §5005; Code 1940, T. 37, §88.)Section 11-44-58

Section 11-44-58
Designation by ordinance of mayor and finance commissioner, public works commissioner, and public safety commissioner in Class 7 municipalities; elections; further changes in designations must be authorized by legislature.

(a) The governing body of any Class 7 municipality with a commission form of government organized and operating pursuant to sections 11-44-1 through 11-44-57 inclusive, as amended, may, by a unanimous vote of the members of the governing body, at least 60 days prior to any general municipal election to be held in such municipality, adopt an ordinance designating the three places on the city commission as follows: mayor and finance commissioner, public works commissioner and public safety commissioner. The said ordinance shall assign each of the persons holding office as a commissioner in the city at the time of its adoption to one of the designated places on the commission and shall further set out the duties and responsibilities of the person holding office in said position. The term of office of any incumbent commissioner shall not be reduced by reason of said designation.

(b) Candidates desiring to run for a place on the city commission in any election held in a municipality which has adopted an ordinance designating places on the city commission pursuant to subsection (a) of this section, shall qualify for election to the designated place in which he desires to serve.

(c) It is provided that once places on the city commission have been designated pursuant to subsection (a) of this section, no further ordinance shall be effective to change or redesignate positions on the commission unless such changes or redesignations have been authorized by act of the legislature.



(Acts 1986, No. 86-220, p. 316.)Section 11-44-6

Section 11-44-6
Conduct of election, canvassing of vote and declaration of election result; adoption and certification of provisions of article.

The election thereupon shall be conducted, the vote canvassed and the result declared in the same manner as provided by law in respect to other city or town elections. If the majority of the votes cast shall be "yes" or in favor of such proposition, the provisions of this article shall thereby be adopted for said city or town, and the mayor shall transmit to the governor, to the secretary of state and to the judge of probate of the county, each, a certificate stating that such proposition was adopted by the said city or town.



(Acts 1911, No. 504, p. 591; Code 1923, §2340; Code 1940, T. 37, §40.)Section 11-44-7

Section 11-44-7
Commissioners - Procedure for election; terms of office.

Immediately after the adoption of such form of government, which shall go into effect October 1 of the general municipal election year next following the election to change the form of government, the probate judge of the county with whom the petition was filed shall forthwith call an election to be held under and to be governed by this article, the expense thereof to be paid by the municipality, for the election of three commissioners by the qualified electors of the municipality. The three persons receiving a majority of the votes cast in said election shall be elected and, in the event three persons should fail to receive a majority of said votes so cast in said election, then, and in that event, those persons receiving a majority shall be elected and another election shall be held within one week, to be called and held in the same mode and manner and under the same rules and regulations, and in the second election there shall be two candidates for each place to be filled in such second election. The person or persons receiving the highest number of votes, two for each place, shall be the only candidates in such second election, and the person or persons so receiving a majority of the votes so cast in the second election shall be elected, so that in the first and second elections only three commissioners shall be elected. If none of the candidates shall receive a majority of the votes in the first election, then only the six persons receiving the highest number of votes in the first election shall be the candidates in the second election. If only one of the candidates shall receive a majority of the votes in the first election, he shall be elected, and then only the four persons receiving the next highest number of votes and not receiving a majority in the first election shall be the candidates in the second election. If only two of the candidates shall receive a majority of the votes in the first election, then they shall be elected, and the two persons receiving the next highest number of votes and not receiving a majority in the first election shall be the only candidates in the second election.

The terms of office of such persons so elected shall commence October 1 of the general municipal election year next following the election to change the form of government, and they shall hold office until the first Monday in October of the third year following and until their successors are elected and qualified, and an election shall be held on the third Monday in September of the year preceding the expiration of the term of office of said three commissioners, at which election three commissioners shall be elected for a period of one, two and three years, respectively, and on the same date of each succeeding year for the member of the board of commissioners whose term shall expire in that year. The commissioner then elected shall hold office for a term of three years from the first Monday in October of said year and until his successor shall be elected and qualified for office.



(Acts 1911, No. 504, p. 591; Code 1923, §2341; Acts 1927, No. 237, p. 253; Acts 1935, No. 184, p. 235; Code 1940, T. 37, §41.)Section 11-44-70

Section 11-44-70
Applicability of article.

This article shall only apply to cities and towns which have heretofore adopted the same or which may hereafter elect to operate under the provisions herein contained.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §89.)Section 11-44-71

Section 11-44-71
Procedure for adoption — Generally.

Any city or town may adopt and become organized under the commission form of government provided in this article by proceeding as hereinafter provided.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §90.)Section 11-44-72

Section 11-44-72
Procedure for adoption - Election.

Upon the presentation of a petition signed by such number of qualified electors of any city or town to which this article is desired to apply as will equal or exceed one percent of the population of such city or town according to the last preceding federal census to the judge of probate of the county in which such city or town is located, asking that the proposition of organizing under this article be submitted to the qualified voters of such city or town, the judge of probate shall examine said petition and determine whether or not the same is signed by the requisite number of qualified electors for such city or town to authorize such election in such city or town for the purpose of adopting the provisions of this article and, if such probate judge shall find that said petition contains the requisite number of electors to authorize such an election, he shall, within 10 days from the receipt of said petition, certify such fact to the mayor of the city or town in which such election is so petitioned. The mayor or other chief executive of such city or town, immediately upon the receipt of such certificate from the probate judge, shall call a special election to be held within 40 days thereafter for the purpose of determining whether or not said city or town shall adopt the commission form of government hereby authorized and shall give notice of the time and purpose of such election by publication once each week for four consecutive weeks in some newspaper, if any, published in said city or town and, if there be no such newspaper, then by notice posted at five public places in said city or town for 30 days. If said plan is not adopted at the special election so called, the question of adopting said plan shall not be resubmitted to the voters of said city or town for adoption within two years thereafter, and then the question to adopt said plan may be resubmitted in the manner above provided.

All qualified electors of said city or town may participate in said election, and the question submitted shall be whether or not the city or town named shall adopt the commission form of government as provided in this article, and such question shall be plainly printed upon the ballot and following the said question shall be printed the word "Yes" with a blank opposite thereto and in the next line the word "No" with a blank opposite thereto. The voter shall mark his ballot with a cross mark before or after the word which expresses his choice. No other proposition shall be submitted to the voters at such election upon said ballot. The election shall be conducted, the expense paid, the vote canvassed and the result declared in the same manner as is or may be provided by law in respect to other municipal elections.

If the majority of the votes cast shall be "Yes" or in favor of such proposition, the provisions of this article shall thereby be adopted for said city, effective October 1 of the general municipal election year next following said election, and the mayor shall transmit to the governor, to the secretary of state and to the judge of probate of the county, each, a certificate stating that such proposition was adopted for said city.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §91.)Section 11-44-73

Section 11-44-73
Commissioners - Election, terms of office, etc., generally.

Whenever the commission form of government is adopted as provided in this article, the mayor or other chief executive officer of such city or town in office at the time of such adoption shall become one of the commissioners provided for in this article and shall hold office as such commissioner until October 1 of the fourth year after the effective date of the change in form of government. At the next general municipal election after such adoption, two persons who are qualified electors of said city or town shall be elected to hold office as commissioners of said city or town, and each of such persons shall be elected for a term of office expiring on October 1 of the fourth year after the effective date of the change in form of government by said city or town as provided in this article. The term of office of each commissioner elected after the first election hereinabove provided for shall be for four years, beginning on the first day of October of the year of his election. All commissioners shall hold office until their successors are elected and qualified. The elections authorized in this section, including the naming of candidates, shall conform in all respects to the provisions and regulations contained in this article with respect to elections of commissioners.



(Acts 1915, No. 749, p. 869; Acts 1939, No. 246, p. 408; Code 1940, T. 37, §92.)Section 11-44-74

Section 11-44-74
Commissioners - Election, terms of office, etc., of commissioners elected after September 1, 1945.

All commissioners of cities and towns operating under this article elected after September 1, 1945, other than those elected to serve an unexpired term, shall be elected for a term of four years ending September 30 of the fourth year after their election, and all three commissioners shall be elected at the same election; provided, that if a majority of the qualified electors of such city or town, voting in an election held as provided in this section vote in favor thereof, at the first regular election of commissioners held thereafter the candidate elected to position number one on the board of commissioners shall serve for a term of six years, the candidate elected to position number two shall serve for a term of four years and the candidate elected to position number three shall serve for a term of two years. The term of office of each commissioner elected shall begin on October 1 of the year of his election. Each commissioner so elected shall hold office until his successor is elected and qualified. Each commissioner elected thereafter, other than one elected to serve an unexpired term, shall be elected for a term of six years ending September 30 of the sixth year after his election. An election to determine whether the length of the terms of such city's or town's commissioners and the time of their election shall be changed shall be held upon the presentation of a petition asking that the proposition be submitted to the qualified voters of the city or town. The procedure for presenting the petition, the number of qualified electors who must sign the petition, the manner of calling and holding the election and of paying the expenses thereof shall all be as prescribed by section 11-44-72 for elections to adopt the provisions of this article, and all other provisions of such section shall apply in regard to such election.



(Acts 1939, No. 246, p. 408; Code 1940, T. 37, §93; Acts 1951, No. 640, p. 1095.)Section 11-44-75

Section 11-44-75
Commissioners - Designation of positions and election thereto.

Whenever there are one, two or three commissioners to be elected, all candidates for such position or positions shall qualify as provided in this article. The positions to be held by the commissioners shall be numbered one, two and three and any candidate who shall qualify as provided in this article shall designate whether he is seeking to be elected to the position numbered one, two or three. The names of all such candidates shall be placed upon the ballot in three designated groups under the headings of those seeking election to the positions numbered one, two and three, respectively. All persons qualified to vote in such election shall be entitled to vote for one candidate for the position numbered one, for one candidate for the position numbered two and for one candidate for the position numbered three. Whenever a candidate for any one of the numbered positions receives a majority of all votes cast for all candidates seeking election to that position, then he shall be declared elected commissioner to the position thus numbered, and when no candidate seeking a numbered position receives a majority, then and in that event, the two candidates receiving the highest number of votes shall be declared eligible for a second election. Such second election shall be held not less than 10 nor more than 15 days from the date of the first election. The candidate who receives the highest number of votes in the second election shall be declared elected commissioner to such position.



(Acts 1939, No. 246, p. 408; Code 1940, T. 37, §94; Acts 1945, No. 295, p. 490, §1.)Section 11-44-76

Section 11-44-76
Commissioners - Qualifications; filling of vacancies caused by ineligibility.

The commissioners provided for by this article shall be elected by the vote of the legally qualified voters, and no person shall be eligible for such office who shall not be over the age of 19 years at the time he shall become a candidate or shall not be duly qualified to vote in the election at which he shall be elected.

In case any person, after he shall have been elected and duly qualified as commissioner, shall be declared ineligible to hold such office, a successor shall be chosen as in the case of a vacancy caused by death, resignation or any other cause.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §102.)Section 11-44-77

Section 11-44-77
Commissioners - Filling of vacancies caused by death, resignation or removal.

Whenever any vacancy shall occur in the office of commissioner of any city or town organized under the terms of this article by death, resignation or removal and the unexpired term of office of said commissioner is for less than six months, then his successor for the unexpired term shall be elected by the two remaining members of the board of commissioners of such city or town, which successor shall serve for the duration of the unexpired term and shall be paid the same compensation as was paid to the commissioner he succeeded. If a vacancy occurs and the unexpired term is for a longer period than six months, then the mayor shall within 15 days after the occurrence of the vacancy call a special election for the selection of a commissioner to serve the unexpired term. Notice of said election shall be given by publication at least 30 days prior to the date set by the mayor for the holding of the special election, which election must be held within 60 days of the occurrence of the vacancy. All laws pertaining to general elections under this article and the qualification of candidates shall apply with the same force and effect in special elections. Every person who shall be elected to the office of commissioner in any such city or town under the provisions of this section or section 11-44-76 shall qualify for office as soon as practicable after such election and shall be clothed with the duties and responsibilities and powers of such office immediately upon such qualification.



(Acts 1911, No. 281, p. 330; Acts 1939, No. 352, p. 481; Code 1940, T. 37, §104.)Section 11-44-78

Section 11-44-78
Commissioners - Filling of two or more simultaneous vacancies.

Should a vacancy exist simultaneously from any cause provided for in this article in two or more commissionerships so as to leave no quorum of said board of commissioners to fill same, an election to fill said vacancies shall be called by the remaining commissioner if there is one, and if there is none, then by the judge of probate of the county, to be held not less than 30 nor more than 45 days from the occurrence of the second vacancy. Notice of said election and of the time of holding same shall be given by one publication at least 25 days in advance of same in one or more newspapers in said city or town at the expense of said city or town. The commissioners chosen at said election shall qualify as speedily as possible thereafter.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §115.)Section 11-44-79

Section 11-44-79
Commissioners - Oath; bond.

Every person who shall be elected to the office of commissioner in any city or town organized according to the provisions of this article shall, on or before the first Monday in the month succeeding his election, qualify by making oath that he is eligible for said office and will execute the duties of same according to his best knowledge and ability. Said oath shall be administered by a member of the commission or some other officer authorized to administer oaths, and he shall also give bond in the sum of $5,000.00, payable to said city or town, conditioned upon the faithful performance of his duties as commissioner, which bond shall be approved by the judge of probate of the county in which said city or town is located and recorded in his office, for which the judge of probate shall receive a fee of one dollar, to be paid by the commissioner.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §103.)Section 11-44-8

Section 11-44-8
Commissioners - Designation; qualification for office.

The commissioners provided for in this article shall be known collectively as the board of commissioners of the city or town of (name of said city or town to be inserted) and shall have the powers and duties provided in this article. The commissioners first elected shall qualify for office in the manner prescribed in section 11-44-9 on or before the second Monday following the date of their respective elections.



(Acts 1911, No. 504, p. 591; Code 1923, §2343; Code 1940, T. 37, §42.)Section 11-44-80

Section 11-44-80
Commissioners - Compensation.

Every commissioner of every city or town organized under the terms of this article shall receive a salary payable by the city or town in equal monthly installments for whatever time the commissioner serves. The salary of all commissioners shall be fixed at least six months before the next general election of any commissioner.



(Acts 1911, No. 281, p. 330; Acts 1939, No. 283, p. 440; Code 1940, T. 37, §105; Acts 1945, No. 295, p. 490, §4; Acts 1953, No. 315, p. 372; Acts 1955, No. 396, p. 931; Acts 1980, No. 80-362, p. 482.)Section 11-44-81

Section 11-44-81
Commissioners - Designation; qualification for and taking of office.

The commissioners provided for in this article shall be known collectively as the board of commissioners of such city or town and shall have the powers and duties provided in this article. Each of said commissioners shall qualify for office in the manner prescribed in sections 11-44-76 and 11-44-79 on or before the second Monday following the date of the election by which the board is filled or completed. As soon as they thus shall have qualified for office, all three of said commissioners shall forthwith take office and enter upon their duties.



(Acts 1939, No. 289, p. 441, §1; Code 1940, T. 37, §95; Acts 1945, No. 295, p. 490, §2.)Section 11-44-82

Section 11-44-82
Commissioners - Meetings.

Said board of commissioners shall hold regular public meetings on Tuesdays of each and every week at some regular hour to be fixed by said board from time to time and publicly announced by it, and said board may hold such adjourned, called and other meetings as may be necessary or convenient. The president of the board of commissioners, when present, shall preside at all meetings of said board, but shall have no veto power. Two members of said board shall constitute a quorum for the transaction of any and every business to be done by said board and for the exercise of any and every power conferred upon it, and the affirmative vote of two members of said board shall be necessary and sufficient for the passage of any resolution, bylaw or ordinance, or the transaction of any business of any sort by said board or the exercise of any of the powers conferred upon it by the terms of this article or that may hereafter be conferred upon it. All meetings of said board at which any person not a city or town officer is present shall be open to the public.

A record of the proceedings of every such meeting shall be kept in a well-bound book, and every resolution or ordinance passed by the board of commissioners must be recorded in such book, and the record of the proceedings of the meeting must be signed by at least two of the commissioners before the action taken shall be effective. Such record shall be kept available for inspection by all citizens of such city or town at all reasonable times.



(Acts 1927, No. 390, p. 461; Code 1940, T. 37, §98.)Section 11-44-83

Section 11-44-83
Mayor-president of board of commissioners.

Immediately upon said commissioners taking office they, by a majority vote, shall elect one of their number as mayor, and he shall be president of the board of commissioners of said city or town; and, in addition to the other duties and powers given him by the provisions of this article, he shall be invested with all of the powers, jurisdiction and functions and be charged with all the duties which may be conferred or imposed upon him by said board of commissioners, except that he shall not have the power to veto any ordinance. The mayor-president of the board of commissioners may hold that office for one year, but he may not be elected to succeed himself.



(Acts 1939, No. 289, p. 441; Code 1940, T. 37, §95; Acts 1945, No. 295, p. 490, §2.)Section 11-44-84

Section 11-44-84
Powers and authority of board of commissioners upon organization of commission form of government; abolition of certain boards, commissions and officers; continuation of corporate existence, territorial limits, etc., of municipality.

The commissioners of such city or town, to be known as the board of commissioners of such city or town, shall have, possess and exercise all the powers and authority, legislative, executive and judicial, theretofore possessed by the mayor or governing body or bodies of said city or town, by whatsoever name called, all boards of public works, boards of police commissioners and any and all other boards and commissions, except school boards and other commissions and boards having in charge educational matters. All boards and commissions whose powers are hereby conferred upon such new board of commissioners shall stand abolished upon the organization of such new board of commissioners. Such city or town shall continue its existence as a body corporate without change of name and shall continue to be subject to all the duties and obligations then pertaining to or incumbent upon it as a municipal corporation and shall continue to enjoy all the rights, immunities, powers and franchises then enjoyed by it, as well as those that may hereafter be granted to it. All laws governing such city or town and not inconsistent with the provisions of this article shall apply to and govern said city or town after it shall become organized under the commission form of government provided by this article. All bylaws, ordinances and resolutions lawfully passed and in force in any such city or town under its former organization shall remain in force until altered or repealed according to the provisions of this article. The territorial limits of such city or town shall remain the same as under its former organization, but all commissioners shall be elected from the city or town at large. All rights, powers and property of every description which were vested in said city or town shall vest in it under the organization provided for in this article as though there had been no change in the organization of said city or town, and no right or liability, either in favor of or against it, and no action or prosecution of any kind shall be affected by such change, unless otherwise expressly provided for by the terms of this article.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §96.)Section 11-44-85

Section 11-44-85
Appointment, etc., of officers and employees generally; distribution of executive and administrative powers and duties among departments.

Every city or town adopting the form of government provided for by this article shall be governed and managed by the board of commissioners provided for herein. Each and every officer and employee of said city or town other than the commissioners shall be appointed and employed by the said board of commissioners or under its direction, and all salaries and wages paid by said city or town, except as otherwise provided by the terms of this article, shall be fixed as provided by law; provided, however, that all salaried officials, except members of the boards and commissioners mentioned in section 11-44-84, who are holding office at the time of the adoption of such form of government under an election, appointment or other selection for a definite term shall be permitted to serve out such term in the position and with the duties and compensation and subject to the conditions, restrictions and regulations which would have existed had there been no change in the government of such city or town.

The executive and administrative powers and duties in such cities or towns shall be distributed into and among the designated departments, and the powers and duties pertaining to each department shall be fixed by the said board of commissioners.



(Acts 1935, No. 505, p. 1083; Code 1940, T. 37, §97; Acts 1955, No. 557, p. 1219.)Section 11-44-86

Section 11-44-86
Assignment or delegation of powers and duties of board of commissioners.

The said board of commissioners may delegate or assign to one or more of its members or to such boards, commissions, officers or employees as may be created or selected by it the performance of such executive and judicial duties and powers as may be necessary or convenient, provided the same is done by resolution, bylaw or ordinance duly enacted according to law, and the said board, except as otherwise provided in this article, may abolish or change any judicial or ministerial office of such city or town by like process.



(Acts 1927, No. 390, p. 461; Code 1940, T. 37, §98.)Section 11-44-87

Section 11-44-87
Enactment of resolutions, bylaws or ordinances generally.

No resolution, bylaw or ordinance granting any franchise, appropriating any money for any purpose, providing for any public improvements, enacting any regulations concerning the public comfort, the public safety or public health or of any other general or permanent nature shall be enacted except at a regular or adjourned public meeting of the said board of commissioners. Every motion, resolution or ordinance introduced at any and every such meeting shall be reduced to writing and read before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded.



(Acts 1927, No. 390, p. 461; Code 1940, T. 37, §98.)Section 11-44-88

Section 11-44-88
Procedure for adoption of resolutions, bylaws or ordinances granting franchises, etc., for use of streets, public highways, etc.; manner in which franchises, etc., extended, enlarged, etc.

No resolution, bylaw or ordinance granting to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thoroughfares or public property of any city or town organized under the provisions of this article, either in, under, upon, along, through or over same, shall take effect and be in force until 30 days after the final enactment of the same by the board of commissioners and publication of said resolution, bylaw or ordinance in full once a week for three consecutive weeks in some newspaper published in said city or town, which publication shall be made at the expense of the persons, firm or corporation applying for said grant. Pending the passage of any such resolution, bylaw or ordinance or during the time intervening between its final passage and the expiration of the 30 days during which publication shall be made as above provided, the legally qualified voters of said city or town may by written petition or petitions addressed to said board of commissioners object to such grant. If during said period such written petition or petitions signed by at least a number of qualified voters equal to one for every 300 inhabitants of said city or fraction thereof according to the last federal census shall be filed with the said board of commissioners, said board shall, upon payment or deposit of the estimated election expense as hereinafter provided, forthwith order an election, at which election the legally qualified voters of said city or town shall vote for or against the proposed grant as set forth in the said bylaw, resolution or ordinance and, pending such election, the said grant shall stand suspended. In publishing the call for said election, the said resolution, bylaw or ordinance making such grant shall be published at length and in full at the expense of the city or town in some newspaper published in said city or town by at least one publication. The board of commissioners shall, before making such call, furnish to the person, firm or corporation applying for such grant or franchise an estimate of the expense of the election to be held to consider the same and, if the person, firm or corporation so applying shall pay to or deposit with the city or town a sum sufficient to cover the cost of such election as so estimated, the board of commissioners shall proceed to call said election, but if the same is not paid to or deposited with said city or town within 30 days after the board makes said estimate of the cost of such election, said election shall not be ordered and the bylaw, ordinance or resolution shall not be effective. The applicant for any such grant or franchise shall pay to the city or town the expense of such advertisement thereof whether an election is held therein or not and the expense of such election if held; and such bylaw, resolution or ordinance shall not be valid unless the fact of such payment is noted in the record thereof upon the minute book or other permanent record thereof as kept by said board. Any applicant may withdraw any application before and without incurring the expense of such election, or he may ask and obtain a suspension of the bylaw, resolution or ordinance until the next regular municipal election, at which time the question of its adoption may be determined by special ballot and without expense to the applicant except for printing the special ballots and advertising the election on such application. If at such election the majority of the votes cast shall be in favor of said ordinance and the making of said proposed grant, the same shall thereupon become effective, but if a majority of the votes so cast shall be against the passage of the said resolution, bylaw or ordinance and against the making of the said grant, said bylaw, resolution or ordinance shall not become effective, nor shall it confer any rights, powers or privileges of any kind, and it shall be the duty of the said board of commissioners, after such result of said election shall be determined, to pass a resolution or ordinance to that effect.

No grant of any franchise or lease or right of use or any other right in, under, upon, along, through or over the streets, public highways, thoroughfares or public property of any such city or town shall be made or given nor shall any such rights of any kind whatever be conferred upon any person, firm or corporation except by resolution or ordinance duly passed by the board of commissioners at some regular or adjourned meeting and published as provided by this section, nor shall any extension or enlargement of any such rights or powers granted be made or given except in the manner and subject to all the conditions provided in this section as to the original grant of same.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §99.)Section 11-44-89

Section 11-44-89
Procedure for letting of contracts for construction, improvements, etc., of streets, highways, etc.

All contracts for the construction or improvement or reconstruction or reimprovement of any street, alley, highway or other public place or of any sidewalk thereon by filling, grading, leveling, graveling, slagging, macadamizing, curbing, guttering, paving or otherwise improving, and all contracts to construct or reconstruct any drain or drains, sanitary or storm water sewer or sewers, sanitary and storm water sewers either combined or separate must be let by competitive bidding to the lowest responsible bidder. A responsible bidder is defined as one who is ready, able and willing to execute a bond reasonable in amount, with surety, to perform the contract according to specifications. Notice shall first be given asking for bids for such contracts, which notice shall be given in such manner and for such time as may be prescribed by the board of commissioners.



(Acts 1927, No. 390, p. 461; Code 1940, T. 37, §98.)Section 11-44-9

Section 11-44-9
Commissioners - Oath; bond.

Every person who shall be elected to the office of commissioner in any city or town organized according to the provisions of this article shall, on or before October 1 of the general municipal election year next following the date of the election to change the form of government, qualify by making oath that he is eligible for said office and will execute the duties of same according to his best knowledge and ability. Said oath shall be administered by the retiring mayor, by a notary public or by a member of the board of commissioners, and he shall give bond in the sum of $5,000.00 payable to said city or town, conditioned upon the faithful performance of his duties as commissioner, which bond shall be approved by the judge of probate of the county in which said city or town is located and recorded in his office for which the judge of probate shall receive a fee of $1.00, to be paid by the commissioner.



(Acts 1911, No. 504, p. 591; Code 1923, §2374; Code 1940, T. 37, §71.)Section 11-44-90

Section 11-44-90
Elections for office of commissioner - Filing and form of statement of candidacy, etc.

In every city or town which shall adopt or shall have adopted the provisions of this article, an election shall be held on the second Monday in September of each year in which the term of office of a commissioner shall expire. Any person desiring to become a candidate for commissioner at any election which may be held under the terms of this article may become such candidate by filing in the office of the mayor of said city or town, if at the first election of commissioners under this article, or with the board of commissioners at any subsequent election, a statement of such candidacy, accompanied by affidavit taken and certified by said mayor, a member of said board of commissioners or by a notary public that such person is duly qualified to hold the office for which he desires to become a candidate. Such statement shall be filed at least 20 days before the day set for such election and shall be substantially in the following form:

"State of Alabama, _____ County. I, the undersigned, being first duly sworn, depose and say that I am a citizen of the city (or town) of _____ in said state and county and reside at _____ in said city (or town); that I desire to become a candidate for the office of commissioner in said city (or town) for the term ending September 30th, 19__, at the election for said office to be held on the _____ day of _____; that I am duly qualified to hold said office if elected thereto, and I hereby request that my name be printed upon the official ballot at said election. (Signed) _____. Subscribed and sworn to before me by said _____ on this the _____ day of _____, 19__, and filed in this office for record on said day _____ (style of officer)."



(Acts 1915, No. 749, p. 869; Code 1940, T. 37, §100.)Section 11-44-91

Section 11-44-91
Elections for office of commissioner - Ballots; voting.

At elections for commissioners under this article the ballots shall be substantially in the following form:

For commissioner for position numbered 1 (or position numbered 2, or position numbered 3, as the case might be) of the city (or town) of _____ (insert name of city or town) for term ending September 30, 19__.

__________________
A.B.
__________________
C.D.
__________________
E.F.
__________________
G.H.
__________________
I.J.
__________________
K.L.
___________________
M.N.
___________________

At such election the names of all candidates for commissioner who have qualified as such as provided in this article shall be printed on the ballots in alphabetical order. If more than one office is to be filled, the tickets shall be extended so as to likewise present the names of the candidates for the other offices. Each qualified elector may vote for his choice for each office to be filled. No defect in the form of the ballot or technicality or inaccuracy in such election or in the call, notice or conduct thereof shall invalidate such election if the same was in substance fairly conducted and the will of the people fairly expressed thereat.

In those municipalities where voting machines have been adopted as the means for registering or recording and computing the vote at all elections held in such municipalities, the list of candidates on the voting machines shall be so placed on the machine as to permit the voting for candidates to be conducted under the laws of this state applicable to voting machines, and the election shall be conducted in compliance with and conformity to such laws. Except as is otherwise provided in this article, all elections for commissioners hereunder shall be conducted as provided by the general laws of this state applicable thereto and at the expense of the city or towns in which such election is held.



(Acts 1911, No. 281, p. 330; Acts 1939, No. 246, p. 408; Code 1940, T. 37, §101; Acts 1945, No. 295, p. 490, §3.)Section 11-44-92

Section 11-44-92
Filing and publication of statement of campaign expenses, etc., by commissioners.

Every commissioner elected by popular vote in such city or town shall, within 30 days after qualifying, file with the judge of probate of the county, and the same shall be published at least once in a newspaper of general circulation in such city or town, his sworn itemized statement in detail of all his election and campaign expenses and by whom such funds were contributed, which publication shall be at the expense of such city or town.

Any violation of the provisions of this section shall be a misdemeanor, punishable by a fine of not less than $100.00 nor more than $500.00, and be a ground for removal from office.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §107.)Section 11-44-93

Section 11-44-93
Appointment of municipal employees.

The employees of cities or towns organized under this article shall be appointed by the commissioners solely on account of their fitness and without regard to their political affiliations. It shall be unlawful to hold a party caucus or primaries for the purpose of nominating any employee to be appointed by such commissioners, and any person who shall solicit, receive or accept a party or caucus nomination for any office to be filled by said commissioners shall thereby be rendered ineligible for such office or for any other office under said city or town for a period of one year thereafter.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §106.)Section 11-44-94

Section 11-44-94
Conflicts of interest of municipal officers and employees.

No officer or employee elected or appointed in any such city or town shall be interested, directly or indirectly, in any contract for work or material or the profits thereof or services to be furnished or performed for the city or town, and no such officer or employee shall be interested, directly or indirectly, in any contract for work or materials or the profits thereof or services to be furnished or performed for any person, firm or corporation operating an interurban railway, street railway, gas works, electric light or power plant, heating plant, telegraph line or telephone exchange within the territorial limits of said city.

No such commissioner or other official of such city or town shall be interested in or be an employee temporarily, professionally or otherwise, of any person, partnership, corporation or association operating any public service utility within said city or town.

No such officer or employee shall accept or receive, directly or indirectly, from any person, firm or corporation operating within the territorial limits of said city or town any interurban railway, railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line or telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket or free service or accept or receive, directly or indirectly, from any such person, firm or corporation any gift or other thing of value, or any service upon terms more favorable than are granted to the public generally. Every such contract or agreement shall be void. Such prohibition of free transportation shall not apply to policemen or firemen in uniform nor to policemen in the discharge of their duty, nor shall any free service to city or town officials heretofore provided by any franchise or ordinance be affected by this section.

Any violation of the provisions of this section shall be a misdemeanor; and, upon conviction thereof, the guilty person shall be punished by a fine of not less than $100.00 nor more than $500.00, and may be imprisoned in the county jail for not more than 90 days and shall also be removed from office.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §108.)Section 11-44-95

Section 11-44-95
Publication, etc., of monthly statement of receipts and expenses, etc.; examinations of books and accounts.

The board of commissioners shall each month print in pamphlet form a detailed statement of all receipts and expenses of the city or town and a summary of its proceedings during the preceding month and furnish printed copies thereof to the daily newspapers of the city or town and to persons who apply therefor.

At the end of each year the board of commissioners shall cause a full and complete examination of all the books and accounts of the city or town to be made by competent accountants and shall publish in pamphlet form the result of such examination in the manner above provided for publication of statements of monthly expenditures. The governor is authorized at any time to have all the books and accounts of such city or town examined by a state examiner of public accounts, the cost of such examination to be paid by such city upon the presentation to the president of the board of commissioners of such city of a duly verified statement of such expense made by such examiner of public accounts, approved by the governor.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §109.)Section 11-44-96

Section 11-44-96
Maintenance of record books by probate judges and compensation therefor; fee for examination of petitions for elections.

The judges of probate of the counties in which are located the cities or towns covered by this article shall record in a well-bound book kept for that purpose all papers required to be filed with them under the terms of this article and shall receive therefor the compensation allowed by law for recording deeds. They shall also receive a fee equal to $1.00 for each 1,000 of population of the city or town according to the last federal census for examining each petition that may be filed under this article for an election to adopt the commission form of government or to recall a commissioner, such fee to cover all services required by this article of the probate judge except recording the papers and to be paid by the city or town in which the election is held or sought to be held and without regard to whether the election is in fact held.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §112.)Section 11-44-97

Section 11-44-97
Use of influence or contribution of money, etc., in elections for commissioners by municipal officers or employees.

Any officer or employee of such city or town who, by solicitation or otherwise, shall exert his influence, directly or indirectly, to influence other officers or employees of such city or town to favor any particular person or candidate for office as commissioner of said city or town, or who shall in any manner contribute money, labor or other valuable thing to aid in the election of any person as commissioner of said city or town, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00 nor more than $500.00, and may also be imprisoned in the county jail for a term not exceeding 60 days.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §108.)Section 11-44-98

Section 11-44-98
Solicitation of votes by municipal employees.

Any employee of any such city or town who solicits support for any candidate for commissioner or any such employee who shall endeavor to influence any other voter to vote for or against any candidate for commissioner shall be deemed guilty of a misdemeanor and, on conviction, shall be fined not less than $10.00 nor more than $50.00, and may also be imprisoned in the county jail for not more than 10 days and shall also be removed from office or employment with such city or town.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §110.)Section 11-44-99

Section 11-44-99
Payment, etc., of persons to solicit votes; acceptance of pay, etc., to solicit votes.

It shall be unlawful for any candidate for commissioner or for any other person in his behalf to hire or pay or agree to pay any person to solicit votes at the polls on election day, and unlawful for any person to accept such hire or make said contract for pay to solicit votes for any candidate for commissioner, and any person violating this section shall be guilty of a misdemeanor and may be punished by a fine of not less than $100.00 nor more than $500.00 for each offense, and the candidate violating this section shall thereby be disqualified and rendered ineligible for the office sought.



(Acts 1911, No. 281, p. 330; Code 1940, T. 37, §113.)

USA Statutes : alabama