Section 11-43-2

Election of mayors and aldermen; exercise of legislative functions; salary of aldermen.

In all cities and towns at the general election to be held on the fourth Tuesday in August, 1984, and quadrennially thereafter, there shall be elected a mayor, who, in cities having a population of 12,000 or more according to the last or any subsequent federal census, shall not sit with the council nor have a vote in its proceedings, and he shall have the power and duties conferred in this chapter.

In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his discretion he may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he must vote.

The aldermen in such cities or towns shall be elected by the city or town at large at the first general election held on the fourth Tuesday in August, 1984, and quadrennially thereafter, or from wards as the said councils may determine, not less than six months before an election, and shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election.

Provided, however, the six-month requirement in this section may be waived when necessary to comply with a mandate by the U.S. Justice Department pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state or federal court.

(Code 1907, §1068; Acts 1909, No. 200, p. 197; Code 1923, §1760; Acts 1927, No. 608, p. 706; Acts 1935, No. 516, p. 1105; Code 1940, T. 37, §404; Acts 1955, No. 394, p. 930; Acts 1956, 1st Ex. Sess., No. 112, p. 170; Acts 1961, No. 666, p. 910, §1; Acts 1984, 1st Ex. Sess., No. 84-703, §2; Acts 1984, 1st Ex. Sess., No. 84-740, p. 82, §1; Acts 1987, No. 87-581, p. 928, §10.)