Council-Manager Act of 1982
The Council-Manager Act of 1982 (Act of Alabama 1982-517) is a state law passed during the 1982 legislative session, adding Chapter 43A, Article 1 to Title 11, Title 2 of the Code of Alabama to permit residents of certain municipalities the authority to change their form of municipal government to a "council manager" government.
The law applies to "any Class 2, 3, 4, 5, 6, 7, or 8 municipality," and creates a process requiring 10% of voters from the previous municipal election, still residing in the county, to put their names on a petition calling for a referendum. Once certified by a Judge of Probate, the existing municipal government may authorize and conduct a single-issue referendum of qualified voters residing within the city. The ballot language is specified to state "Shall the council-manager form of government as provided by the Council-Manager Act of 1982 be adopted for the municipality of ____________?" with voters marking "yes" or "no."
If passed by a simple majority, the city would file a "certificate of adoption" to the probate court, Alabama Secretary of State, and Governor of Alabama. The next regularly-scheduled municipal election would then be conducted, with new districts drawn as necessary, to fill the offices of the newly-adopted form of government. Those elected to office would assume power after being sworn in, and would then vote to appoint a city manager. The remainder of the law describes the powers and duties of the various officials.
The measure was introduced as Senate Bill 36 by Charles Martin (D-District 3). It was approved on May 3, 1982 and signed into law by Governor Fob James.
Further legislation
- Act of Alabama 1983-621 clarified that the Council-Manager Act of 1982 superseded all other state laws relating to the changing the form of government for Class 6 municipalities.
- Act of Alabama 1988-568 modified the requirements for publication and examination of public accounts
- Act of Alabama 1991-545, the Council-Manager Act of 1991, enrolled as Chapter 43A, Article 2 of Title 11, Title 2, allowed the governing bodies of Class 2, 3, 4, 5, 6, 7 or 8 municipalities already having city managers to change their form of government to a mayor-council government as described in that section without a petition and referendum of voters. When adopted, the law made reference to preclearance by the U.S. Department of Justice for compliance with the Voting Rights Act of 1965.
- Act of Alabama 1994-352 adjusted language regarding council districts
- Act of Alabama 2010-544 provided a simplified path for Class 7 municipalities to adopt a council-manager form of government with a mayor and four-member council elected at-large.
- Act of Alabama 2018-569 and Act of Alabama 2019-360 modified the form available to Class 4, 5, 6, 7, or 8 municipalities to elect either 5 or 7 council members, with 1 elected at-large and the others either at-large or by single-member districts.
External links
- Code of Alabama at legislature.state.al.us
- Act of Alabama 82-517 in 'Alabama Laws (and Joint Resolutions) of the Legislature of Alabama, Passed at the Regular Session, 1982, Vol. II, pp. 851–865 - via Archive.org