Code of Alabama
Chapter 43C - Mayor-Council Form of Government in Class 5 Municipalities.
Section 11-43C-28 - Meetings of Council; Quorum; Majority Vote Requirement; Procedure; Record of Proceedings; Procedure as to Ordinances or Resolutions of Permanent Operation; Publication; No Veto as to Council Actions Relating to an Investigation.

The council shall hold regular public meetings weekly, day or night, at a regular hour to be fixed by said council from time to time and publicly announced; it may hold such special or other meetings as the business of the city may require. The presence of three council members will constitute a quorum for the conduct of official council business. The affirmative vote of at least three members of the council shall be sufficient for the passage of any resolution, bylaw, ordinance, or the transaction of any business of any sort by the said council or the exercise of any of the powers conferred upon it by the terms of this chapter or bylaw, or which may hereafter be conferred upon it. No resolution, bylaw, or ordinance granting any franchise, appropriating any money for any purpose, providing for any public improvements, any regulation concerning the public health, or of any other general or permanent nature, shall be enacted except at a regular or special public meeting of said council. Every ordinance introduced at any and every meeting shall be in writing and shall be read before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded; provided that if the vote of all council members present be unanimous, it may be so stated in the journal without recording the yeas and nays. A record of the proceedings of every meeting of the council shall be kept, and every resolution or ordinance passed by the council must be recorded, and the record of the proceedings of the meeting shall, when approved by the council, be signed by the president of the council and the city clerk. Such records shall be kept available for inspection by all citizens of such city during regular business hours. No ordinance of permanent operation shall be considered at the meeting at which it was introduced except by unanimous consent of all members of the council present, and such unanimous consent shall be entered upon the minutes of said meeting; provided, however, that if all members of the council present vote for the passage of the ordinance and their names are so entered of record as voting in favor thereof, it shall be construed as giving unanimous consent to the action upon such ordinance at the meeting at which it is introduced. All ordinances or resolutions of a permanent nature, after having been passed by the council, shall be transmitted by the clerk within 48 hours after their passage to the mayor for his consideration, who, if he shall approve thereof, shall sign and return the same to the clerk, who shall publish them, if publication thereof is required, and such ordinances and resolutions shall thereupon become effective and have the force of law. Delivery to the office of the mayor shall constitute delivery to the mayor. An ordinance or resolution may be recalled from the mayor at any time before it has become law, or has been acted on by him, by a resolution adopted by a majority of the members elected to the council in regular or special session. If the mayor shall disapprove of any ordinance or resolution transmitted to him as aforesaid, he shall, within 10 days of the time of its passage by the council, return the same to the clerk with his objections in writing, and the clerk shall make a report thereof to the next regular meeting of the city council; and if four members elected to the said council shall at said meeting adhere to said ordinance or resolution, notwithstanding said objections, said vote being taken by yeas and nays and spread upon the minutes, then, and not otherwise, said ordinance or resolution shall after publication thereof, if publication is required, have the force of law. If publication of said ordinance or resolution is not required, it shall take effect upon its passage over such veto. The failure of the mayor to return to the city clerk an ordinance or resolution with his veto within 10 days after its passage by the council shall operate and have the same effect as an approval of the same, and the city clerk, if publication is required, shall publish the same as is herein provided for publication of laws and ordinances of said city. If no publication is required, the ordinance or resolution shall become effective upon the expiration of said 10 days. These provisions are subject to the publication of ordinances as set out in Section 11-45-8. Anything in this section to the contrary notwithstanding, the mayor shall not have the power of veto over any action of the council relating to an investigation as provided herein.

Structure Code of Alabama

Code of Alabama

Title 11 - Counties and Municipal Corporations.

Title 2 - Provisions Applicable to Municipal Corporations Only.

Chapter 43C - Mayor-Council Form of Government in Class 5 Municipalities.

Section 11-43C-1 - Applicability of Chapter.

Section 11-43C-2 - Special Election as to Adoption of Mayor-Council Form of Government.

Section 11-43C-3 - Form of Ballot; Marking of Ballot; Use of Voting Machines.

Section 11-43C-4 - Conduct of Election; Election Expenses.

Section 11-43C-5 - Provisions Applicable if Mayor-Council Form of Government Chosen.

Section 11-43C-6 - Election of Mayor and Council Members; Time of Taking Office; Election Expenses.

Section 11-43C-7 - Qualification of Council Candidates; Votes Cast by Each Voter; Majority Vote Requirements; Runoff Elections; Elections Held Quadrennially; When Elected Councilmen Take Office; Term of Office; Councilman May Succeed Himself.

Section 11-43C-8 - Mayor - Majority Vote Requirements; Runoff Election.

Section 11-43C-9 - Mayor - Elections Held Quadrennially; Oath; May Succeed Himself.

Section 11-43C-10 - City Continued as Municipal Corporation.

Section 11-43C-11 - Government Known as "Mayor-Council Form of Government"; Powers of City Vested in Council; Manner in Which Powers Exercised.

Section 11-43C-12 - Powers of City Generally.

Section 11-43C-13 - Council to Consist of Five District Council Members; Division of Municipality Into Districts; Changing District Boundaries Where Population Varies by Over Five Percent.

Section 11-43C-14 - District Council Members - Filing as Candidate; Qualifying Fee.

Section 11-43C-15 - District Council Members - No Primary Elections; Filing of Pauper's Oath or Petition to Become Candidate.

Section 11-43C-16 - District Council Members - Oath of Office.

Section 11-43C-17 - District Council Members - Qualifications; Holding Other Offices; Effect of Conviction or Loss of Any Qualification.

Section 11-43C-18 - District Council Members - Compensation; Additional Stipend for President of Council.

Section 11-43C-19 - President of Council.

Section 11-43C-20 - Vice-President of Council.

Section 11-43C-21 - Powers of Council; Dealings With Officers and Employees in Administrative Service.

Section 11-43C-22 - Vacancies in Council.

Section 11-43C-23 - Creating, Changing, Abolishing, or Assigning Additional Functions to Offices, Departments, or Agencies.

Section 11-43C-24 - City Clerk Continued in Office; Applicability of Merit System; Appointment of Successor; Duties.

Section 11-43C-25 - First Meeting of Council; Council to Meet Regularly; Meetings Open to Public.

Section 11-43C-26 - Council to Judge Election and Qualifications of Members.

Section 11-43C-27 - Rules and Order of Business of Council; Journal of Proceedings.

Section 11-43C-28 - Meetings of Council; Quorum; Majority Vote Requirement; Procedure; Record of Proceedings; Procedure as to Ordinances or Resolutions of Permanent Operation; Publication; No Veto as to Council Actions Relating to an Investigation.

Section 11-43C-29 - Grant of Franchise, Lease, or Right to Use Streets, etc., by Ordinance or Resolution.

Section 11-43C-30 - Revision and Codification of Ordinances, Bylaws, and Resolutions; Comprehensive Zone Map.

Section 11-43C-31 - Monthly Statement of Receipts and Expenses; Annual Examination of Books and Accounts.

Section 11-43C-32 - Mayor - Filing as Candidate; Qualifying Fee.

Section 11-43C-33 - Mayor - No Primary Election; Filing of Pauper's Oath or Petition to Become Candidate.

Section 11-43C-34 - Mayor - Qualifications.

Section 11-43C-35 - Mayor - Compensation; Expense Allowance.

Section 11-43C-36 - Mayor - Vacancies; Acting Mayor; Special Election to Fill Vacancy; Term of Office.

Section 11-43C-37 - Mayor - Powers and Duties.

Section 11-43C-38 - Divisions of City Government; Executive Directors of Divisions; City Attorney; Outside Counsel.

Section 11-43C-39 - Distribution of Work Among Departmental Divisions.

Section 11-43C-40 - Mayor - Employment of Additional Personnel; Amount Available for Salaries; Not Subject to Merit System.

Section 11-43C-41 - Fiscal, Budget, and Accounting Years.

Section 11-43C-42 - Mayor to Submit Budget to Council.

Section 11-43C-43 - Estimates of Revenue and Expenditures for Each Department, etc.; Compilation of Budget Information by Director of Finance; Review and Revision of Estimates.

Section 11-43C-44 - General Fund Budget.

Section 11-43C-45 - Recommended Expenditures Not to Exceed Estimated Receipts Unless Additional Revenue Measures Adopted; Recommendations Where Receipts Estimated to Exceed Expenditures; Public Utility Budgets.

Section 11-43C-46 - Contents of Budget Message.

Section 11-43C-47 - Printing and Distribution of Budget Message and General Fund, Public Utility, and Capital Budgets.

Section 11-43C-48 - Public Hearing on Budget.

Section 11-43C-49 - Revision of Budget After Hearing; Increase in Expenditures Over Mayor's Recommendation; Expenditures Not to Exceed Receipts and Surplus Unless Additional Revenue Measures Adopted.

Section 11-43C-50 - Summary of Budget.

Section 11-43C-51 - Adoption of General Fund Budget and Any Necessary Revenue Measure; Failure to Adopt Budget.

Section 11-43C-52 - Disapproval by Mayor of Expenditure Line Item; Adherence by Council to Expenditure.

Section 11-43C-53 - Budget Effective Upon Final Adoption; Certification; Printing and Distribution.

Section 11-43C-54 - Budget Estimates for Public Utilities; Presentation of Budget to Council.

Section 11-43C-55 - Monthly or Quarterly Allotments for Each Department, etc.; Revision of Allotments.

Section 11-43C-56 - Transfer of Unencumbered Balance From One Department, etc., to Another or From One Classification of Expenditure to Another.

Section 11-43C-57 - Additional Appropriations.

Section 11-43C-58 - Emergency Appropriations.

Section 11-43C-59 - Lapse of Unexpended and Unencumbered Appropriation.

Section 11-43C-60 - Capital Improvement Program.

Section 11-43C-61 - Capital Budget; Lapse of Appropriations for Capital Improvement Projects; Reserve Fund for Permanent Public Improvements.

Section 11-43C-62 - Payments and Obligations Must Be in Accord With Appropriations; Certification by Director of Finance; Void Payments and Obligations; Penalty for Knowing Violations.

Section 11-43C-63 - Existing Budget Continued in Force.

Section 11-43C-64 - Division of Finance; Head of Division.

Section 11-43C-65 - Head of Division of Finance - Qualifications; Bond.

Section 11-43C-66 - Head of Division of Finance - Powers and Duties.

Section 11-43C-67 - Expenditures Not to Exceed Appropriation for That General Classification of Expenditures; Expenditures Financed by Bonds; Leases or Contracts for Period Exceeding Budget Year.

Section 11-43C-68 - Disposition of Fees Received by Officers and Employees.

Section 11-43C-69 - Division of Division of Finance to Be Responsible for Purchases; Powers and Duties of Division Head.

Section 11-43C-70 - Competitive Bidding on Contracts for Supplies, Materials, or Equipment.

Section 11-43C-71 - City Improvements Costing More Than $3,000.00 to Be Executed by Contract; Bidding on Contract; Alteration of Contract.

Section 11-43C-72 - Purchases and Contracts Shall Be Pursuant to Written Requisition; Certification of Balance Sufficient to Pay for Contract or Order.

Section 11-43C-73 - Revenue Notes.

Section 11-43C-74 - Emergency Notes.

Section 11-43C-75 - Notes Not Payable on Demand; Redemption Prior to Maturity; Private Sale.

Section 11-43C-76 - Existing Rights and Privileges of Officers and Employees; Existing Laws Not Inconsistent With Personnel, etc., Provisions of Chapter.

Section 11-43C-77 - Personnel Holding Administrative Office Continued in Office; Transfer of Powers and Duties of Office, etc., Abolished by This Chapter.

Section 11-43C-78 - Transfer of Records, Property, and Equipment of Office, etc., Where Powers and Duties Reassigned.

Section 11-43C-79 - Office, etc., With Name or Powers and Duties the Same or Substantially Same as Existing Office Deemed a Continuation of Such Office.

Section 11-43C-80 - Existing Contracts Continued in Force; Public Improvements for Which Legislative Steps Taken.

Section 11-43C-81 - Pending Legal Actions and Proceedings.

Section 11-43C-82 - Laws Relating to Pensions or Retirement and Relief Funds Continued in Force.

Section 11-43C-83 - Laws Relating to Authority for Fairgrounds, etc., Continued in Force.

Section 11-43C-84 - Ordinances and Resolutions Continued in Effect.

Section 11-43C-85 - Removal of Merit System Officers and Employees; Appeal of Decision.

Section 11-43C-86 - Participation in Meetings of Council by Mayor, Department Heads, Etc.

Section 11-43C-87 - Inquiry Into Conduct of Office, Department, Agency, or Officer; Investigations as to Municipal Affairs; Subpoena Power.

Section 11-43C-88 - Interest of Official or Employee in Contracts With City or Public Utility Prohibited; Acceptance of Gifts, etc.; Free Transportation of Officials, Policemen, and Firemen in Discharge of Duties.

Section 11-43C-89 - Oath Taken by City Officers.

Section 11-43C-90 - Reapportionment of Council Districts Because of Population Change.

Section 11-43C-91 - Procedure for Changing Form of Government; Change From Mayor-Council Form Prohibited for Four Years.

Section 11-43C-92 - Appointments to City Positions to Fairly Reflect Make-Up of Total Community; Participation in Contracts by Socially and Economically Disadvantaged Individuals; Capital Improvements to Be Based on Need and Fairly and Equitably Made...