Code of Alabama - Title 45: Local Laws - Chapter 35A - Houston County Municipalities
- Article 1 Ashford.
- Article 2 Avon.
- Article 3 Cottonwood.
- Article 4 Cowarts.
- Article 5 Dothan.
- Part 1 Alcoholic Beverages.
- Part 2 Civil Service System.
- Section 45-35A-51 Short title
This part is hereby designated the Civil Service Act of Dothan.
- Section 45-35A-51.01 Definitions
The following words, terms, and phrases, wherever used in this part, shall have the meaning respectively ascribed to them in this section, unless the context...
- Section 45-35A-51.02 Unclassified service
(a) The following named officials, persons and agencies of the city shall constitute the unclassified service: (1) Officers elected by popular vote and their successors...
- Section 45-35A-51.03 Personnel department created
There is hereby created and established in and for the City of Dothan a personnel department, consisting of a citizens supervisory committee, a personnel board,...
- Section 45-35A-51.04 Purposes of personnel department
The personnel department, to the extent hereinafter provided, shall govern, supervise, and control all individuals of the classified service, by civil service rules and regulations,...
- Section 45-35A-51.05 Citizens Supervisory Committee
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- Section 45-35A-51.06 Alternate method of selecting board
In the event the committee shall fail for any reason to elect the personnel board for a period of 30 days after May 14, 1992,...
- Section 45-35A-51.07 Personnel board
(a) The personnel board shall consist of five members and they and their successors in office shall be elected or appointed by the citizens supervisory...
- Section 45-35A-51.08 Personnel director
The personnel director shall be elected or appointed by the personnel board and he or she shall serve at the pleasure of the board. He...
- Section 45-35A-51.09 Rules and regulations
(a) No rule or regulation shall be adopted by the board unless it is proposed at a prior meeting and public notice thereof given by...
- Section 45-35A-51.10 Classification of positions
The director shall, as soon as practicable after his or her appointment, ascertain and record an outline of the duties of each position to be...
- Section 45-35A-51.11 Compensation plan
The director shall prepare and recommend to the board, after consultation with the appointing authority and other officers, a uniform compensation plan for all employees...
- Section 45-35A-51.12 Tests
(a) General. The director shall prepare and conduct tests for the purpose of enabling him or her to establish employment registers for the various classes...
- Section 45-35A-51.13 Filing vacancies
When any vacancy occurs in the classified service, the director, subject to the approval of the personnel board, may direct the filling of such vacancy...
- Section 45-35A-51.14 Transfer
The appointing authority, when desirable, may transfer a classified employee under his or her jurisdiction from one position to another in the same class. Any...
- Section 45-35A-51.15 Demotions
An appointing authority, with the approval of the director, may demote a classified employee under his or her jurisdiction from a position in one class...
- Section 45-35A-51.16 Provisional appointments
Whenever in the opinion of the director it is impossible within a reasonable time to certify eligible persons for appointment to a vacancy in the...
- Section 45-35A-51.17 Working test period
(a) Every person appointed to a position in the classified service, after certification of his or her name from a promotion list or an employment...
- Section 45-35A-51.18 Service ratings
(a) The director shall establish, in cooperation with the appointing authorities, a system of service ratings, based upon standards of employment and output of employees...
- Section 45-35A-51.19 Layoffs
An appointing authority may lay off employees in the classified service, in accordance with the rules and regulations adopted under this part, whenever he or...
- Section 45-35A-51.20 Discharges
(a) The appointing authority may discharge an employee in the classified service, whenever he or she considers the good of the service and the welfare...
- Section 45-35A-51.21 Suspensions
An appointing authority, from time to time, may suspend an employee without pay or other compensation as punishment for improper behavior, but no employee may...
- Section 45-35A-51.22 Political activities prohibited
(a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored...
- Section 45-35A-51.23 Political activities of department heads prohibited
(a) No employee named in subdivision (9) of subsection (a) of Section 45-35A-51.02 shall: (1) Use or promise to use, directly or indirectly, any official...
- Section 45-35A-51.24 Investigations
The board and the director shall make a study of all matters touching the administration and enforcement of this part and the rules and regulations...
- Section 45-35A-51.25 Corrupt practices
(a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this part...
- Section 45-35A-51.26 Certification of payrolls
(a) It shall be unlawful for any city official, employee, or other officer to pay or cause to be paid any salary or compensation to...
- Section 45-35A-51.27 Attendance of witnesses; fees; false oaths
Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under this part, to appear and...
- Section 45-35A-51.28 Expenses for the department
The salaries and other compensation herein authorized to be paid to the members of the department herein created, together with the necessary expenses actually incurred...
- Section 45-35A-51.29 Use of facilities
The officials of the city are hereby required to furnish the personnel department necessary facilities in city hall for the conduct of its business, provided...
- Section 45-35A-51.30 Legal service
It shall be the duty of the city attorney to furnish legal advice and legal service to the board and the director, in the administration...
- Section 45-35A-51.31 Records of the department
The records of the department, except such records as the rules and regulations may require to be held confidential for reasons of public policy, shall...
- Section 45-35A-51.32 Court proceedings
Orders of the personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction. Any person...
- Part 3 Dothan Downtown Development Authoirty.
- Section 45-35A-52 Legislative intent
The revitalization and redevelopment of the central business district of the City of Dothan develops and promotes for the public good and general welfare trade,...
- Section 45-35A-51.01 Definitions
The following words, terms, and phrases, wherever used in this part, shall have the meaning respectively ascribed to them in this section, unless the context...
- Section 45-35A-52.01 Definitions
The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,...
- Section 45-35A-52.02 Use of phrases
(a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety...
- Section 45-35A-52.03 Filing of application; authorization of incorporation by governing body of city
(a) The authority may be organized pursuant to this part. In order to incorporate such a public corporation, any number of natural persons, not less...
- Section 45-35A-52.04 Procedure to incorporate; contents and execution of certificate of incorporation
(a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the...
- Section 45-35A-52.05 Amendments to certificate of incorporation
(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the...
- Section 45-35A-52.06 Board of directors
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its...
- Section 45-35A-52.07 Officers of the authority
(a) The officers of the authority shall consist of a chair, vice chair, secretary, treasurer, and such other officers as its board shall deem necessary...
- Section 45-35A-52.08 Powers of authority
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- Section 45-35A-52.09 Bonds of authority
(a) Source of payment. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or...
- Section 45-35A-52.10 Proceeds from the sale of bonds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
- Section 45-35A-52.11 Refunding bonds
(a) Any bonds issued by the authority may from time to time be refunded by the issuance, by sale, or exchange, of refunding bonds payable...
- Section 45-35A-52.12 Notice of bond resolution
(a) Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, such authority, in its discretion, may...
- Section 45-35A-52.13 Exemption from taxation
The authority formed under this part, the property and income of the authority, whether used by it or leased to others, all bonds issued by...
- Section 45-35A-52.14 Liability of city
The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or...
- Section 45-35A-52.15 Exemption from usury and interest laws
The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 45-35A-52.16 Exemption from competitive bid laws
(a) The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any...
- Section 45-35A-52.17 Freedom of authority from state supervision and control
(a) This part is intended to aid the state through the furtherance of the purposes of this part by providing an appropriate and independent instrumentality...
- Section 45-35A-52.18 Earnings of the authority
The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 45-35A-52.19 Dissolution of corporation; vesting of title to property in the city
At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 45-35A-52.20 Existence of authority to prevent subsequent incorporation
The existence of the authority incorporated under this part shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted by this part.
- Section 45-35A-52.21 Eminent domain
The authority is hereby granted the power of eminent domain and may exercise such power for the purpose of obtaining real property or any interest...
- Section 45-35A-52.22 Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, etc
For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public...
- Section 45-35A-52.23 Provisions cumulative
The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Part 4 Education.
- Part 5 Governing Body.
- Section 45-35A-54 Commission form of government
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- Section 45-35A-54.01 Territorial limits; wards; Board of Commissioner's of the City of Dothan
The territorial limits of the city shall remain the same as under its former organization, except that for the purpose of holding elections under applicable...
- Section 45-35A-54.02 Election of board members; terms of office
The mayor and the associate commissioner of Ward No. 2 shall continue to hold their respective offices until the first Monday in October, 1981, as...
- Section 45-35A-54.03 Municipal officers; powers; laws, ordinances, and resolutions
The members of the board of commissioners provided for by this part shall be municipal officers only, and shall have, possess, and exercise the municipal...
- Section 45-35A-54.04 Duties of city manager and mayor
If a city manager for such city is not employed the mayor and president of the city commission shall devote his or her full time...
- Section 45-35A-54.05 Mayor and associate commissioners - Salaries and expense allowances
The mayor and associate commissioners shall continue to receive their respective salaries and allowances until the expiration of their respective terms of office. In addition,...
- Section 45-35A-54.06 Mayor and associate commissioners - Additional expense allowance
In addition to any and all salaries and other allowances set forth in Section 45-35A-54.05, at the expiration of the respective terms of office of...
- Section 45-35A-54.07 Vesting of rights, powers, and property
All rights, powers, and property of every description which were vested in the city shall vest in it under the organization herein provided for as...
- Section 45-35A-54.08 Board of commissioners - Employment; merit system
The City of Dothan shall be governed and managed by the board of commissioners provided for herein. Except as otherwise provided herein, each and every...
- Section 45-35A-54.09 Board of commissioners - Meetings
The board of commissioners provided for by this part shall hold regular public meetings on the first and third Tuesdays of each month at some...
- Section 45-35A-54.10 Board of commissioners - Conduct of meetings
The president of the board, when present, shall preside at all meetings of the board, but shall have no veto power. Three members of the...
- Section 45-35A-54.11 Board of commissioners - Assignment or delegation of powers and duties
The board may assign or delegate to one or more of its members, or to such boards, commissioners, officers, or employees as may be created...
- Section 45-35A-54.12 Meetings of board - Open to public
All meetings of the board at which any person not a city officer is present shall be open to the public.
- Section 45-35A-54.13 Meetings of board - Enactment of resolutions, bylaws, or ordinances
No resolution, bylaw, or ordinance granting any franchise, appropriating any money for any purpose, providing for public improvements, enacting any regulations concerning the public comfort,...
- Section 45-35A-54.14 Meetings of board - Voting
Every motion, resolution, or ordinance introduced at any such meeting shall be reduced to writing and read before any vote thereon shall be taken; and...
- Section 45-35A-54.15 Meetings of board - Recordkeeping
A record of the proceedings of every such meeting shall be kept in a well bound book and shall be signed by at least three...
- Section 45-35A-54.16 Grants for use, etc., of public streets, property, etc. - Notice; effective date
No resolution, bylaw, or ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or...
- Section 45-35A-54.17 Grants for use, etc., of public streets, property, etc. - Objections, election
Pending the passage of any such resolution, bylaw, or ordinance, or during the time intervening between its final passage and the expiration of the 30...
- Section 45-35A-54.18 Grants for use, etc., of public streets, property, etc. - Election results
If at such election the majority of the votes are in favor of the ordinance and the making of the proposed grant, the same shall...
- Section 45-35A-54.19 Grants for use, etc., of public streets, property, etc. - Conferring of rights; extension or enlargement of rights
No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over, the streets, public...
- Section 45-35A-54.20 Transfer of waterworks, sewer, or electric plants and systems - Authorized
Any waterworks plant and system, a sewer plant and system, an electric plant and system, and a gas plant and system, or any one or...
- Section 45-35A-54.21 Transfer of waterworks, sewer, or electric plants and systems - Election
Except as herein provided for, and at the time of holding the same, all elections herein required shall be held according to the general laws...
- Section 45-35A-54.22 Election of mayor or associate commissioner - Statement of candidacy; eligibility
Any person desiring to become a candidate at any election which may be held under this part for the office of mayor or associate commissioner...
- Section 45-35A-54.23 Election of mayor or associate commissioner - Ballots
No name shall appear upon the ballot as a candidate for election except the names of such persons as have become candidates according to the...
- Section 45-35A-54.24 Election of mayor or associate commissioner - Ineligibility
In case any person, after having been elected and duly qualified as commissioner, is declared ineligible to hold such office, a successor shall be chosen...
- Section 45-35A-54.25 Oath of office; bond
Every person elected to the office of commissioner, on or before the first Monday of October next succeeding his or her election, shall qualify by...
- Section 45-35A-54.26 Vacancies in office
Whenever any vacancy occurs in the office of any commissioner, by death, resignation, or removal, then his or her successor shall be appointed by the...
- Section 45-35A-54.27 Selection of employees
The employees of the city shall be selected by the commissioners solely on account of their fitness, and without regard to political affiliations. It shall...
- Section 45-35A-54.28 Prohibited political activities
It shall be unlawful for any candidate for office, or any officer in the city, directly or indirectly, to give or promise any person or...
- Section 45-35A-54.29 Statement of contributions
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- Section 45-35A-54.30 Interest in public contracts or services
No officer or employee elected or appointed in the city shall be interested, directly or indirectly, in any contract for work or material, or the...
- Section 45-35A-54.31 Interest in public service utilities
No commissioner or any other official of the city, nor any employee thereof, shall be interested in any corporation operating any public service utility within...
- Section 45-35A-54.32 Receipt of gifts, transportation, or thing of value
(a) No officer or employees of the city shall accept or receive, directly or indirectly, from any person, firm, or corporation operating within the territorial...
- Section 45-35A-54.33 Statement of receipts and expenses; summary of proceedings
The board of commissioners, each quarter, shall print in pamphlet form a detailed statement of all receipts and expenses of the city and a summary...
- Section 45-35A-54.34 Examination of books and accounts
At the end of each year the board of commissioners shall cause a full and complete examination of all the books and accounts of the...
- Section 45-35A-54.35 Bribery; voter fraud
Any person offering to give a bribe, either in money or other consideration, to any voter for the purpose of influencing his or her vote...
- Section 45-35A-54.36 City employees prohibited from soliciting electoral support or influencing vote
Any employee of the city who solicits support for any candidate for mayor or associate commissioner, or any such employee who endeavors to influence any...
- Section 45-35A-54.37 Candidates prohibited from paying, etc., to solicit votes
It shall be unlawful for any candidate for mayor or associate commissioner, or for any other person in his or her behalf, to hire or...
- Section 45-35A-54.38 Vacancies preventing quorum on board
Should a vacancy exist simultaneously from any cause hereinabove provided for in three commissionerships, so as to leave no quorum of the board to fill...
- Section 45-35A-54.39 Judge of Probate to file records
The Judge of Probate of Houston County shall record in a well-bound book, kept for that purpose, all papers required to be filed with them...
- Section 45-35A-54.40 Violations
Any person wilfully violating any provision of this part relating to the commission form of government shall be guilty of a misdemeanor, and, on conviction,...
- Part 6 Pension and Retirement System.
- Part 7 Pretrial Diversion Program.
- Section 45-35A-56 Definitions
For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City...
- Section 45-35A-56.01 Established; discretionary powers; supervision and control
(a) The City of Dothan, Alabama, may establish a pretrial diversion program. (b) All discretionary powers endowed by common law and provided by statutes and...
- Section 45-35A-56.02 Application for admittance
An offender may apply to the city for admittance into the pretrial diversion program.
- Section 45-35A-56.03 Ineligibility for program
Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a...
- Section 45-35A-56.04 Standards for admission
(a) The city attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability...
- Section 45-35A-56.05 Admission into program
(a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation...
- Section 45-35A-56.06 Written agreement; other terms and conditions
(a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city attorney and...
- Section 45-35A-56.07 Fees
(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment...
- Section 45-35A-56.08 Collection and disposition of funds
Application fees required by this part shall be collected by the court clerk of the Dothan Municipal Court. The fees shall be disbursed to each...
- Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees
(a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written...
- Section 45-35A-56.10 Violations; waiver
(a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney may...
- Section 45-35A-56.11 Liability of city attorney, agency, or service provider
In no event shall the city attorney or any other agency or service provider have any liability, criminal or civil, for the conduct of any...
- Part 8 Taxation.
- Article 6 Gordon.
- Article 7 Kinsey.
- Article 8 Madrid.
- Article 9 Rehobeth.
- Article 10 Taylor.
- Section 45-35A-100 Warrant recall fee
(a) Notwithstanding any law to the contrary, a municipal magistrate of the City of Taylor in Houston County may assess a defendant with a warrant...
- Article 11 Webb.
Last modified: May 3, 2021