Code of Alabama - Title 45: Local Laws - Chapter 28A - Etowah County Municipalities
- Article 1 Alabama City.
- Article 2 Altoona.
- Article 3 Atalla.
- Part 1 Education.
- Part 2 Utilities.
- Article 4 Gadsden.
- Part 1 Board of Commissioners.
- Section 45-28A-40 Compensation
Effective at the expiration of the present term of office of the municipal board of commissioners, the salary of the mayor or chair of the...
- Part 2 Education.
- Division 1 Board of Education, Compensation.
- Division 2 Board of Education, Election.
- Section 45-28A-41.20 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
(a) Pursuant to Amendment 659 to the Constitution of Alabama of 1901, now appearing as Section 104.01 of the Official Recompilation of the Constitution of...
- Section 45-28A-41.21 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
If the majority of electors voting pursuant to Section 45-28A-41.20 vote in favor of changing to an elected board, an elected board of education for...
- Section 45-28A-41.22 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
A member shall reside in the City of Gadsden and in the district the member represents during the entire term of office. If the boundaries...
- Section 45-28A-41.23 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
A candidate for each place on the board of education shall be at least 21 years of age, a resident of the respective district for...
- Section 45-28A-41.24 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
(a) The election to elect the initial members of the board of education shall be held at a special election called by the Gadsden City...
- Section 45-28A-41.25 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
(a) Upon the assumption of office of the initially elected members of the board of education, the Gadsden City Board of Education as provided in...
- Section 45-28A-41.26 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for...
- Section 45-28A-41.27 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
The compensation for each member of the board of education, including the chair, shall be six hundred dollars ($600) per month payable from city school...
- Section 45-28A-41.28 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
An annual audit of the financial records of the city school system and of the board of education shall be conducted by a reputable certified...
- Section 45-28A-41.29 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as...
- Section 45-28A-41.30 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
The chair of the board shall have all of the following duties: (1) To preside over all board meetings. (2) To set the meeting dates...
- Part 3 Employees.
- Division 1 Civil Service System.
- Section 45-28A-42 Applicability
This subpart shall be applicable only to cities having populations of not less than 50,000 nor more than 100,000 inhabitants according to the 1950 or...
- Section 45-28A-42.01 Police and fire departments under civil service
The police department and the fire department and all officers and members of the departments, including the chiefs of the departments, the clerk of the...
- Section 45-28A-42.02 Definitions
(a) With reference to the police department the following definition shall apply as used herein: The word patrolman as used herein shall mean and apply...
- Section 45-28A-42.03 Selection of board
Within 60 days of May 3, 1988, the civil service board for the City of Gadsden, Alabama, shall be composed of five members. The Governor...
- Section 45-28A-42.04 Oath of member
Every person who shall be appointed as a member of such civil service board according to this subpart, shall within 15 days thereafter qualify by...
- Section 45-28A-42.05 Rules and regulations
The civil service board shall make rules and regulations to carry out the purpose of this subpart, and for examinations, appointments, and removals in accordance...
- Section 45-28A-42.06 Application
All applicants for a place or position on the police force or fire department, as the case may be, shall file their application in writing...
- Section 45-28A-42.07 Examinations
The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Every applicant for examination shall pay to...
- Section 45-28A-42.08 Appointment
The chief of police, as far as such police department be concerned, and the chief of the fire department, as far as such fire department...
- Section 45-28A-42.09 Emergency appointments
The civil service board may, in an emergency, or in cases where it deems proper, authorize the chief of police to appoint for temporary service...
- Section 45-28A-42.10 Violations
It shall be a violation of this subpart for any official, officer, or other person to issue, give, or lend one of the regulation police...
- Section 45-28A-42.11 Removal
No member of either the police department or of the fire department shall be removed or discharged, nor shall the chief of the police department...
- Section 45-28A-42.12 Appeals
An appeal may be taken from any decision of the civil service board in the following manner: Within 10 days after any final decision of...
- Section 45-28A-42.13 Election of chair
The civil service board shall elect one of its members as chair who shall hold office as such chair at the pleasure of the board....
- Section 45-28A-42.14 Recordkeeping
The chair shall provide for keeping minutes of board meetings and records of all business transacted by the board at each and every meeting. All...
- Section 45-28A-42.15 Compensation for attendance
The compensation of the civil service board shall be ten dollars ($10) for each member for each meeting attended, not to exceed for each member...
- Section 45-28A-42.16 Solicitation prohibited
No officer or employee of any police or fire department shall solicit orally, or by letter or otherwise, or receive, or be in any manner...
- Section 45-28A-42.17 Rewards for contributions
No officer or other member of the police or fire department, or other person, shall in any wise undertake or threaten to degrade, discharge, or...
- Section 45-28A-42.18 Political recommendations
No recommendation by any officer or official, whether the officer or official be a city, county, state, or national officer or official, shall be considered...
- Section 45-28A-42.19 Violations
Any person in the service of the city by appointment under civil service rules who shall wilfully, or through culpable negligence, violate any of the...
- Section 45-28A-42.20 Application to members
Every member of the police department and every member of the fire departments in all cities coming within the provisions of this subpart, who was...
- Section 45-28A-42.21 Ineligibles
No person shall be eligible to take the civil service examination or to appointment as a member of either the police or fire departments in...
- Section 45-28A-42.22 Bond required
No applicant for a position on the police force who has fulfilled all other requirements of this subpart and been appointed to a position as...
- Section 45-28A-42.23 Rules to be printed
The civil service board shall draw and have printed such rules and regulations for the government of the departments, in accordance with this subpart, as...
- Section 45-28A-42.24 Penalties
The violation of any of the provisions of this subpart by any person or persons is hereby declared to be a commission by such person...
- Section 45-28A-42.25 Monthly compensation
The members of the Civil Service Board of the City of Gadsden shall receive compensation in the amount of fifty dollars ($50) a month.
- Division 2 Policemen and Firemen's Retirement Fund Board of Trustees.
- Section 45-28A-42.50 Applicability
This subpart shall apply only to the City of Gadsden, Alabama.
- Section 45-28A-42.51 Creation
There is hereby created, in connection with the regularly organized and paid police department and fire department of the City of Gadsden, a board of...
- Section 45-28A-42.52 Composition; compensation
The board of trustees of the policemen’s and firemen’s retirement fund shall be composed of seven members consisting of the chief of the police department,...
- Section 45-28A-42.53 Secretary-treasurer; custodial care of the retirement fund
(a) The board of trustees, if it so elects, and with the approval of the governing body of the city, shall have the power and...
- Section 45-28A-42.54 Management and control of retirement fund
(a) The board of trustees of the policemen's and firemen's retirement fund is hereby declared to be the trustee of the policemen's and firemen's retirement...
- Section 45-28A-42.55 Composition of retirement fund; investment
(a) The policemen's and firemen's retirement fund shall consist of the following: (1) All of the money, securities, and things of value belonging to any...
- Section 45-28A-42.56 Recordkeeping
The board of trustees or custodian of funds designated by the board shall make a monthly report to the governing body of the city employing...
- Section 45-28A-42.57 Warrants
All monies ordered to be paid from such policemen's and firemen's retirement fund shall be paid by the secretary-treasurer of such fund only upon warrants...
- Section 45-28A-45.58 Exemptions
No portion of the policemen's and firemen's retirement fund shall, before or after its order for distribution by the board of trustees to the person...
- Section 45-28A-42.59 Insufficient funding
If at any time there shall not be sufficient money in the policemen's and firemen's retirement fund to pay each person entitled to the benefit...
- Section 45-28A-42.60 Forfeiture of benefits during reemployment; retirement
(a) No person retired after October 1, 1975, under the policemen's and firemen's retirement fund can be reemployed full time by the City of Gadsden...
- Section 45-28A-42.61 Mandatory retirement
The board of trustees shall have the power and authority and it is hereby made mandatory that it shall retire from service in the police...
- Section 45-28A-42.62 Increase in retirement benefits
In addition to the retirement benefits provided for herein, the board of trustees of the policemen's and firemen's pension fund shall have the authority, upon...
- Section 45-28A-42.63 Retirement of physically or mentally disabled members
If any member of the police or fire department of a city to which this subpart applies is, on proper application, found by the board...
- Section 45-28A-42.64 Application for disability retirement
(a) If a person applies for disability, he or she shall undergo an examination by two doctors named by the board of trustees and one...
- Section 45-28A-42.65 Payments to beneficiaries of deceased active member
If any active member of such police or fire department, or any member of such department on official leave of absence from such department and...
- Section 45-28A-42.66 Payments to beneficiaries of deceased retired member
If any retired member of such police or fire department shall die from any cause, leaving a widow or widower, the board shall direct the...
- Section 45-28A-42.67 Applications and proofs from beneficiaries
When the widow or widower, or children of an active or retired member of the police or fire departments shall be entitled to benefits under...
- Section 45-28A-42.68 Reimbursements of contributions
If any employee terminates his or her employment before becoming eligible for retirement benefits, such employee shall receive a lump sum payment from the board...
- Section 45-28A-42.69 Qualifications for participation
No member of the police department or fire department, who is not now contributing to the retirement fund, shall be entitled to participate in the...
- Section 45-28A-42.70 Definitions
(a) The term member of such police department shall include chief of police, assistant chiefs of police, chief of detectives, captain of police, lieutenants of...
- Section 45-28A-42.71 List of retired policemen or firemen
There shall be kept by the secretary-treasurer of the board of trustees a book to be known as the list of retired policemen or firemen....
- Section 45-28A-42.72 Assistance of city attorney
It shall be the duty of the city attorney or such assistant city attorney as may be designated by the board of commissioners or other...
- Section 45-28A-42.73 Payment of expenses
The board of trustees shall be authorized to pay out of such fund all reasonable and necessary expenses including the cost of bond herein provided...
- Section 45-28A-42.74 Appeals from decisions of board
Within 10 days after any final decision of the board of trustees, any contributing member including the governing body of such city, feeling aggrieved at...
- Section 45-28A-42.75 Construction with other laws
The provisions of this subpart shall supercede all existing provisions of law, general or local, relating to the policemen's and firemen's retirement fund of any...
- Section 45-28A-42.76 Participation in Employees' Retirement System
(a) The City Council of the City of Gadsden, Alabama, and the Board of Trustees of the Policemen's and Firemen’s Retirement Fund of the City...
- Part 4 Utilities.
- Section 45-28A-43 Compensation
In Etowah County, the chair and board members of the Gadsden Water Works and Sewer Board are hereby entitled to expense allowances to be paid...
- Part 5 Alcoholic Beverages.
- Article 5 Glencoe.
- Part 1 Alcoholic Beverages
- Article 6 Hokes Bluff.
- Article 7 Rainbow City;
- Part 1 Mayor.
- Part 2 Utilities.
- Part 3 Alcoholic Beverages.
- Article 8 Reece City.
- Article 9 Sardis City.
- Article 10 Southside.
- Article 11 Walnut Grove.
Last modified: May 3, 2021