96567-1:n:01/31/2008:FC/th LRS2008-553
Relating to Jefferson County; to provide for a county manager; and to provide for selection procedures, minimum qualifications, terms of employment, and duties of the county manager.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to Jefferson County.
Section 2. The Legislature has determined that increased direction, control, and coordination of county government functions would provide a more efficient administration of the various departments and agencies of Jefferson County. The purpose and intent of this act is to provide administrative assistance to the county commission and uniformity in the day-to-day handling and management of county affairs. The purpose and intent of this act is not to curtail, diminish, or transfer the legislative power of any elected or appointed county official. The purpose of this act is to transfer certain administrative and executive functions of the county commission to a county manager.
Section 3. (a) The minimum qualifications for county manager shall include a Master's Degree in Public Administration or a Master's Degree in Business Administration from an accredited college or university or a master's degree or the equivalent in a closely related field from an accredited college or university. The county manager shall have a minimum of six years of satisfactory paid full-time experience in governmental policy and procedure, including knowledge of state and federal law governing county administration.
(b) The county manager shall hold no other public or political office. The county manager shall not participate in any election for any county office. The position of county manager shall be full-time in the service of Jefferson County.
(c) The county manager shall be in the unclassified service of the county and shall be appointed by the county commission. The county manager shall not have any employment rights other than those conferred by any contract which the county commission and county manager may enter into. The county manager shall be eligible for membership in the General Retirement System of Jefferson County and other benefits of county employment. The county manager shall have use of a county vehicle for county use.
(d) The county manager shall be employed pursuant to a written employment contract setting out the terms and conditions of the county manager's employment including compensation and benefits.
Section 4. (a) The county manager, from time to time, shall inform the county commission of the financial condition of the county and recommend matters to the county commission for its consideration.
(b) The county manager shall serve as the appointing authority for all classified employees and unclassified employees employed as laborers by the county. Each county commissioner shall serve as the appointing authority for unclassified employees appointed by each respective commissioner.
(c) The county manager shall supervise all departments, offices, and agencies within the county government structure, except the office of county attorney and the office staff of each elected county official.
Section 5. The duties of the county manager shall include all of the following:
(1) To implement all local laws and ordinances, administrative orders, and resolutions of the county commission.
(2) To attend meetings of the county commission, its committees, and meetings as the county commission may direct, and to recommend policies and procedures to the commission.
(3) To ensure that the county's budget remains balanced as required by law.
(4) To perform those lawful tasks directed to be performed by the county commission.
(5) To approve the organization of all departments or agencies or operations under county manager supervision.
(6) To evaluate, at least annually, all department heads and make recommendations regarding employee compensation and benefits.
(7) With the advice of the county attorney, to ensure that the county complies with all state and federal law.
(8) To perform all other duties and responsibilities as may be conferred or directed by resolution of the county commission.
(b) In matters of official capacity, the county manager shall be represented by the county attorney and have no independent authority to retain other counsel at public expense.
Section 6. In the event that the county manager's position is vacant due to incapacity, death, resignation, termination, or any other reason, the county commission shall appoint a replacement to temporarily perform the duties of the county manager until the time as the county manager is able to return to duty or a permanent replacement is appointed by the county commission.
Section 7. (a) The county commission shall conduct a national search to identify qualified candidates for appointment to the position of county manager.
(b) The search procedure shall include background checks and verification of applicant qualifications and shall result in a list of qualified candidates with submission to the county commission for consideration. The personal information regarding the applicants and candidates shall not be public records or writings.
(c) The county commission may interview and discuss the general reputation, character, physical condition, professional competence, or mental health of the candidates in executive session.
(d) The county manager shall be selected at a regular meeting of the county commission by a majority vote of the full commission requiring three affirmative votes.
(e) This section shall apply whenever the county commission appoints a permanent replacement for the position of county manager.
Section 8. This act shall not operate or be construed to divest the Jefferson County Commission of any of its legislative functions, powers, or duties.
Section 9. All laws or parts of laws which conflict with this act are repealed.
Section 10. This act shall become effective following its passage and approval by the Governor, or its otherwise becoming law.