State Codes and Statutes
Statutes > Alabama > Title45 > Chapter8A > 45-8A-23_058Section 45-8A-23.058
Removal of city manager.
The council shall appoint the city manager for an indefinite term. The term of the manager shall not be co-extensive with the tenure of the councilmen who appoint him or her, but he or she shall serve until removed in accordance with the provisions of this section. The council may remove him or her at any time by a majority vote of the whole qualified membership of the council. At least 30 days before such removal shall become effective, the council shall by a majority vote of its whole qualified membership adopt a preliminary resolution stating the reasons for his or her removal. The manager may reply in writing and may request a public hearing and in such request he or she shall state the date for such hearing, which date shall not be less than 20 days nor more than 30 days after the filing of such request. This request shall be filed with the city clerk. The clerk shall enter the request upon the journal. A public hearing shall be held at the city hall at 8 o'clock P. M. on the date prescribed in the request. This public hearing may be adjourned from night to night on approval by the manager concurred in by the council, but shall be completed within one week from the date prescribed in the request. Each councilman shall be required to attend this meeting and any adjournments thereof, unless sickness or death in his or her immediate family shall prevent his or her attendance. Any councilman who shall fail to attend unless prevented therefrom by such sickness or death shall be guilty of a misdemeanor and upon conviction thereof, his or her office shall become vacant. For the purpose of procuring evidence relative to any matter which might be pertinent in such public meeting the manager and any member of the council shall have the right to have a subpoena or a subpoena duces tecum issued to any persons. The official court reporter of the circuit court of the judicial circuit of Alabama in which the city is located shall in writing by the clerk be personally notified of the public hearing and the date, time and place of its holding. The court reporter shall attend the public hearing and each adjournment thereof. He or she shall take and preserve verbatim minutes of all statements and occurrences at such meeting and adjournment thereof. He or she shall cause such minutes to be typed and shall certify to the correctness thereof. He or she shall then transmit the typewritten minutes so certified to the city clerk who shall enter the minutes and the certification on the journal. As compensation for his or her services the court reporter shall receive from the city the sum of twenty dollars ($20) for each meeting and for each adjourned meeting attended. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its whole qualified membership may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty, but shall in any case cause to be paid him or her forthwith any unpaid balance of his or her salary and his or her salary for the next two calendar months following adoption of the preliminary resolution.
(Acts 1953, No. 404, p. 472, §3.09.)