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
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-3 - Form of Ballot; Marking of Ballot; Use of Voting Machines.
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-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-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-16 - District Council Members - Oath of Office.
Section 11-44C-19 - President of Council.
Section 11-44C-20 - Vice-President of Council.
Section 11-44C-22 - Vacancies in Council.
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-32 - Mayor - Filing as Candidate; Qualifying Fee.
Section 11-44C-34 - Mayor - Qualifications.
Section 11-44C-35 - Mayor - Compensation.
Section 11-44C-37 - Mayor - Powers and Duties.
Section 11-44C-39 - Distribution of Work Among Departmental Divisions.
Section 11-44C-41 - Fiscal, Budget, and Accounting Years.
Section 11-44C-42 - Mayor to Submit Budget to Council.
Section 11-44C-44 - General Fund Budget.
Section 11-44C-46 - Contents of Budget Message.
Section 11-44C-48 - Public Hearing on Budget.
Section 11-44C-50 - Summary of Budget.
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-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-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-68 - Disposition of Fees Received by Officers and Employees.
Section 11-44C-70 - Competitive Bidding on Contracts for Supplies, Materials, or Equipment.
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-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-89 - Oath Taken by City Officers.
Section 11-44C-90 - Reapportionment of Council Districts Because of Population Change.
Section 11-44C-92 - Commission Form of Government.
Section 11-44C-93 - Provisions Applicable Regardless of Form of Government Chosen.
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.