Code of Alabama
Chapter 44C - Government of Class 2 Municipalities.
Section 11-44C-92 - Commission Form of Government.

If a majority of the qualified electors voting in the election provided herein choose the court ordered districted commission form of government in accordance with the consent decree entered into by the parties and approved by the court on April 7, 1983, in the case of Bolden vs.City of Mobile, Civil Action No. 75-297, then the provisions of said court ordered districted commission form shall be applicable to said city.
The three commissioners elected under said court ordered plan from single member districts shall sit as a board and shall possess and exercise all municipal powers, legislative, executive, and judicial, possessed and exercised by city governing bodies as provided by sections 11-44-70 through 11-44-105, as amended, and other applicable laws, except that all functions, responsibilities and operations of the city shall be under the direction and supervision of the board of commissioners as a whole. All three commissioners shall be jointly and equally responsible for all departments, boards and commissions and the discharge of all other administrative duties provided by the applicable state law or this decree. Every department head shall be responsible to the commission as a whole, provided however, that the powers, functions, duties, and rotation of the mayor's office among the three commissioners shall remain in effect as prescribed by existing state law. No later than 30 days following the date the commissioners take office under the court ordered plan, the city commission shall appoint a city administrator. The city administrator shall serve as the chief administrative officer of the city and oversee the administration of the financial and budgeting, purchasing, planning, recreational and cultural, public works and public safety functions of the government of the city. The city administrator shall be charged with the responsibility of carrying out the policies and objectives established by the board of city commissioners and the coordination of activities of the city government, and shall have wide latitude in accomplishing the daily solution of municipal problems, including the establishment of effective relationships with other governmental bodies and agencies, and the general public. The person holding this position shall have general administrative direction over all departments and employees of the city, provided, that the final executive and administrative authority shall remain with the city commission. Without limitation by the foregoing, the city administrator shall discharge other duties and responsibilities at the direction of the board of commissioners. The compensation to be paid the city administrator shall be set by the city commissioners. The city administrator shall serve at the pleasure of the city commissioners.
The city commission elected pursuant to this court ordered plan shall have the rights, duties, powers, and responsibilities provided by applicable state law except to the extent that such state law provisions conflict with the provisions of this order. If such conflicts arise, the city commission may by resolution or ordinance determine how such conflicts should be resolved; provided, however, that upon the motion of any of the parties, or upon its own motion, the United States district court may reverse or modify the determinations of conflicts by the city commission.

Structure Code of Alabama

Code of Alabama

Title 11 - Counties and Municipal Corporations.

Title 2 - Provisions Applicable to Municipal Corporations Only.

Chapter 44C - Government of Class 2 Municipalities.

Section 11-44C-1 - Applicability of Chapter.

Section 11-44C-2 - Special Election as to Adoption of Commission or Mayor-Council Form of Government.

Section 11-44C-3 - Form of Ballot; Marking of Ballot; Use of Voting Machines.

Section 11-44C-4 - Conduct of Election; Portions of Chapter Applicable Upon Choosing Form of Government; Election Expenses.

Section 11-44C-5 - Provisions Applicable to Mayor-Council Form of Government.

Section 11-44C-6 - Election of Council and Mayor-at-Large; Time of Taking Office; Election Expenses.

Section 11-44C-7 - Qualification of Council Candidates; Votes Cast by Each Voter; Majority Vote Requirements; Run-Off Elections; Elections Held Quadrennially; When Elected Councilmen Take Office; Term of Office; Councilman May Succeed Himself.

Section 11-44C-8 - Mayor - Majority Vote Requirements; Run-Off Election.

Section 11-44C-9 - Mayor - Elections Held Quadrennially; Oath; May Succeed Himself.

Section 11-44C-10 - City Continued as Municipal Corporation.

Section 11-44C-11 - Government Known as "Mayor-Council Form of Government"; Powers of City Vested in Council; Manner in Which Powers Exercised.

Section 11-44C-12 - Powers of City Generally.

Section 11-44C-13 - Council to Consist of Seven District Council Members; Composition of Districts.

Section 11-44C-14 - District Council Members - Filing as Candidate; Qualifying Fee.

Section 11-44C-15 - District Council Members - No Primary Elections; Filing of Pauper's Oath or Petition to Become Candidate.

Section 11-44C-16 - District Council Members - Oath of Office.

Section 11-44C-17 - District Council Members - Qualifications; Holding Other Offices; Effect of Conviction or Loss of Any Qualification.

Section 11-44C-18 - District Council Members - Compensation; Additional Stipend for President of Council.

Section 11-44C-19 - President of Council.

Section 11-44C-20 - Vice-President of Council.

Section 11-44C-21 - Powers of Council; Dealings With Officers and Employees in Administrative Service.

Section 11-44C-22 - Vacancies in Council.

Section 11-44C-23 - Creating, Changing, Abolishing, or Assigning Additional Functions to Offices, Departments, or Agencies.

Section 11-44C-24 - City Clerk Continued in Office; Applicability of Merit System; Appointment of Successor; Duties.

Section 11-44C-25 - First Meeting of Council; Council to Meet Regularly; Meetings Open to Public.

Section 11-44C-25.1 - Number of Required Council Meetings per Year.

Section 11-44C-26 - Council to Judge Election and Qualifications of Members.

Section 11-44C-27 - Rules and Order of Business of Council; Journal of Proceedings.

Section 11-44C-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 11-44C-29 - Grant of Franchise, Lease, or Right to Use Streets, etc., by Ordinance or Resolution.

Section 11-44C-30 - Revision and Codification of Ordinances, Bylaws, and Resolutions; Comprehensive Zone Map.

Section 11-44C-31 - Monthly Statement of Receipts and Expenses; Annual Examination of Books and Accounts.

Section 11-44C-32 - Mayor - Filing as Candidate; Qualifying Fee.

Section 11-44C-33 - Mayor - No Primary Election; Filing of Pauper's Oath or Petition to Become Candidate.

Section 11-44C-34 - Mayor - Qualifications.

Section 11-44C-35 - Mayor - Compensation.

Section 11-44C-36 - Mayor - Vacancies; Acting Mayor; Special Election to Fill Vacancy; Term of Office.

Section 11-44C-37 - Mayor - Powers and Duties.

Section 11-44C-38 - Divisions of City Government; Executive Directors of Divisions; City Attorney; Outside Counsel.

Section 11-44C-39 - Distribution of Work Among Departmental Divisions.

Section 11-44C-40 - Mayor Authorized to Employ Additional Personnel; Amount Available for Salaries; Not Subject to Merit System.

Section 11-44C-41 - Fiscal, Budget, and Accounting Years.

Section 11-44C-42 - Mayor to Submit Budget to Council.

Section 11-44C-43 - Estimates of Revenue and Expenditures for Each Department, etc.; Compilation of Budget Information by Director of Finance; Review and Revision of Estimates.

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

Section 11-44C-45 - Recommended Expenditures Not to Exceed Estimated Receipts Unless Additional Revenue Measures Adopted; Recommendations Where Receipts Estimated to Exceed Expenditures; Public Utility Budgets.

Section 11-44C-46 - Contents of Budget Message.

Section 11-44C-47 - Printing and Distribution of Budget Message and General Fund, Public Utility and Capital Budgets.

Section 11-44C-48 - Public Hearing on Budget.

Section 11-44C-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 11-44C-50 - Summary of Budget.

Section 11-44C-51 - Adoption of General Fund Budget and Any Necessary Revenue Measure; Failure to Adopt Budget.

Section 11-44C-52 - Disapproval by Mayor of Expenditure Line Item; Adherence by Council to Expenditure.

Section 11-44C-53 - Budget Effective Upon Final Adoption; Certification; Printing and Distribution.

Section 11-44C-54 - Budget Estimates for Public Utilities; Presentation of Budget to Council.

Section 11-44C-55 - Submission of Work Program Which Shows Requested Appropriations for Department, etc.; Revision.

Section 11-44C-56 - Transfer of Unencumbered Balance From One Department, etc., to Another.

Section 11-44C-57 - Additional Appropriations.

Section 11-44C-58 - Emergency Appropriations.

Section 11-44C-59 - Lapse of Unexpended and Unencumbered Appropriation.

Section 11-44C-60 - Capital Improvement Program.

Section 11-44C-61 - Capital Budget; Lapse of Appropriations for Capital Improvement Projects; Reserve Fund for Permanent Public Improvements.

Section 11-44C-62 - Payments and Obligations Must Be in Accord With Appropriations; Certification by Director of Finance; Void Payments and Obligations; Penalty for Knowing Violations.

Section 11-44C-63 - Existing Budget Continued in Force.

Section 11-44C-64 - Department of Finance; Director.

Section 11-44C-65 - Director of Finance - Qualifications; Bond.

Section 11-44C-66 - Director of Finance - Powers and Duties.

Section 11-44C-67 - Expenditures Not to Exceed Appropriation for That General Classification of Expenditure; Expenditures Financed by Bonds; Leases or Contracts for Period Exceeding Budget Year.

Section 11-44C-68 - Disposition of Fees Received by Officers and Employees.

Section 11-44C-69 - Division of Department of Finance to Be Responsible for Purchases; Powers and Duties of Division Head.

Section 11-44C-70 - Competitive Bidding on Contracts for Supplies, Materials, or Equipment.

Section 11-44C-71 - City Improvements Costing More Than $2,000.00 to Be Executed by Contract; Bidding on Contract; Alteration of Contract.

Section 11-44C-72 - Purchases and Contracts Shall Be Pursuant to Written Requisition; Certification of Balance Sufficient to Pay for Contract or Order.

Section 11-44C-73 - Revenue Notes.

Section 11-44C-74 - Emergency Notes.

Section 11-44C-75 - Notes Not Payable on Demand; Redemption Prior to Maturity; Private Sale.

Section 11-44C-76 - Existing Rights and Privileges of Officers and Employees; Existing Laws Not Inconsistent With Personnel, etc., Provisions of Chapter.

Section 11-44C-77 - Personnel Holding Administrative Office Continued in Office; Transfer of Powers and Duties of Office, etc., Abolished by This Chapter.

Section 11-44C-78 - Transfer of Records, Property, and Equipment of Office, etc., Where Powers and Duties Reassigned.

Section 11-44C-79 - Office, etc., With Name or Powers and Duties the Same or Substantially Same as Existing Office Deemed a Continuation of Such Office.

Section 11-44C-80 - Existing Contracts Continued in Force; Public Improvements for Which Legislative Steps Taken.

Section 11-44C-81 - Pending Legal Actions and Proceedings.

Section 11-44C-82 - Laws Relating to Pensions or Retirement and Relief Funds Continued in Force.

Section 11-44C-83 - Laws Relating to Authority for Fairgrounds, etc., Continued in Force.

Section 11-44C-84 - Ordinances and Resolutions Continued in Effect.

Section 11-44C-85 - Removal of Merit System Officers and Employees; Appeal of Decision.

Section 11-44C-86 - Participation in Meetings of Council by Mayor, Department Heads, Etc.

Section 11-44C-87 - Inquiry Into Conduct of Office, Department, Agency, or Officer; Investigations as to Municipal Affairs; Subpoena Power.

Section 11-44C-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 11-44C-89 - Oath Taken by City Officers.

Section 11-44C-90 - Reapportionment of Council Districts Because of Population Change.

Section 11-44C-91 - Procedure for Changing Form of Government; Change From Mayor-Council Form Prohibited for Two Years.

Section 11-44C-92 - Commission Form of Government.

Section 11-44C-93 - Provisions Applicable Regardless of Form of Government Chosen.

Section 11-44C-94 - Materials or Supplies Becoming Component Parts in Repair, etc., of Certain Aircraft.

Section 11-44C-94.1 - Exemption Reiterated for Materials or Supplies Becoming Component Parts in Repair, etc., of Certain Aircraft.

Section 11-44C-95 - Tax Exemption for the Centre for the Living Arts, Inc.

Section 11-44C-96 - Tax Exemption for Bayfest, Inc.

Section 11-44C-97 - Water and Sewer System Boards - Composition.

Section 11-44C-98 - Board of Adjustment.