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HomeMy WebLinkAbout05-09-1957 Special MeetingState of Alabama County of BaIdwIn The City Council of the City of Fairhope met in special session at the City Hall, Thursday, May 9, 1957 with the following members present: Mayor E. B. Overton, Councilren:M. 0. Berglin, VIm. R. Ruffles, Jr. and B. L. ShuUf. The Park and Recreation Board, presented their plans to the CounciM with the request that the plans be approved and funds made available as needed for the Boc rd's current projects. '"otion by Councilman Shullf seconded by Councilman Ruffles that the Park and Recreation Board be authorized to proceed moving dirt as required to move the Football field, the bil'Is to be paid by the City. Motion carried. Motion by Councilman Ruffles seconded by Councilman Berg I i n that the meeting adjourn. Motion carrie&. Approved Mayor qzj- Attest: ity Clerk STATE OF ALABAMA OFFICE OF -THE ATTORNEY GENERAL MONTGOMERY 4. ALABAMA JOHN PATTERSON ATTORNEY GENERAL JOSEPH G. ROBERTSON CONFIDENTIAL ASSISTANT Honorable Charles City of Fairhope Fairhope, Alabama Dear Mr. Belew; April 30, 1957 F. Belew, Alderman ASSISTANT ATTORNEYS GENERAL MacDonald Gallion Senior Assistant James Noel Baker Robert P. Bradley Owen Bridges Paul T. Gish, Jr. Robert G. Kilgore, Jr. Gordon Madison George D. Mentz William N. McQueen James L. Screws Bernard P. Sykes Edmond L. Rinehart James W. Webb George Young William C. Younger Reference is made to your letter of April 23, 19572 as amended by your letter of April 262 1957, which reads as follows: ; "Can you please furnish us an opinion on the following questions: "Will you please interpret Tithe 37 Section 427 of the Code of Alabama in relation to the election of Councilman to fill a vacated seat? Specifically may a Councilman be elected the same meeting night in which the resignation was received by the Council? "Does a Councilman who voted with the majority on the same question passed at the last meeting have the right to move the reconsideration of a question at the first meeting after the question was originally raised and passed? "Specifically does a Councilman voting with the majority have a right to move the reconsideration of a question when the original question was an election to fill a vacancy on the Council by the remaining Council members, there having been no written acceptance on the part of the individual elected at the time of the motion." Your first question is whether a Councilman may be elected to fill a vacancy in the office of Alderman on the same meeting night that the vacancy was created. The answer to this question is in the negative. U • � Hon. Charles F. Belew Page 2 April 30, 1957 Title 37, Section 429, Alabama Code, 1940, regarding the powers and duties of the Council reads in part as follows: f ollows: follows: 113. They shall determine the time and place of holding their meetings, which.at.all times shall be open to the public..... .Emphasis added). Title 37, Section 430, Alabama Code, 1940, reads as "There shall be at least two regular meetings of the council in each month, and the presiding officer shall call special meetings whenever in his opinion the public interest may require it, and whenever two aldermen or the mayor request him in writing to call such meeting; upon the failure or refusal of the presiding officer to call such meeting, when requested, the two alder- men or the mayor making the request, shall have the right to call such meeting." Title 37, Section 427, Alabama Code, 1940, reads as "Vacancies in the office of alderman in any city or town shall be filled by the council at the next regular meeting or any subsequent meeting of the council, the person so elected To hold for the unexpired term." (Emphasis added). To summarize briefly, Section 429, supra, requires the Council to set the time and place of their meetings which shall at all times be open to the public. Section 430, supra, requires that there be at least two regular meetings of the Council each month and such special meetings as the public interest may require. Section 427, supra, says that vacancies in the office of Alderman shall be filled by the Council at the next regular meeting or any subsequent meeting of the Council. Construing the above Code section in pari materia, as we are required to do, it is the opinion of this office that N t Hon. Charles F. Belew Page 3 April 30, 1957 t a vacancy in the office of Alderman may not be filled at the same meeting at which the vacancy occurred. Such vacancy shall be filled at the first regular meeting after the vacancy exists or at any regular or special meeting after the first regular meeting subsequent to the vacancy. It is believed that the above answer to your first question pretermits a consideration of the other questions posed by you. For that reason your other questions have not been considered. Very truly yours, JOHN PATTERSON Attorney General By- WILLIAM C. YOUNGER Assistant Attorney General WCY:hm cc: Hon. Ed E. Reid Executive Director Alabama League of Municipalities Montgomery, Alabama