Alabama Advisory Opinions December 22, 2003: AGO 2004-046 (December 22, 2003)

AGO 2004-046.

Dear Mr. Thornton:

This opinion of the Attorney General is issued in response to your request on behalf of the Town of Munford.

What is the term of office for the mayor and the five council members who took office on November 13, 2002, and when will their successors be elected and take office?

The Town of Munford was incorporated on September 9, 2002, under the provisions of section 11-41-1, et seq ., of the Code of Alabama.

Ala. Code § 11-41-1, et seq . (1989). The first mayor and council for the town were elected at an election held for that purpose under section 11-41-5 of the Code of Alabama. An order confirming the election of these officials was entered on November 13, 2002, which is the date the mayor and council members took office.

Section 11-41-6 of the Code of Alabama states that the officers initially elected after the incorporation of the town shall be "entitled to hold office until the next general municipal election and until their successors are elected and qualified."

Ala. Code § 11-41-6 (1989). Municipal elections must be held in accordance with section 11-46-21 of the Code of Alabama, unless a municipality is governed by class legislation that sets different times for the municipal election. Section 11-46-21 provides as follows:

(a) The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 1984, and quadrennially thereafter, and, when necessary as provided in subsection (d) of Section 11-46-55, a second or runoff election shall be held on the third Tuesday next thereafter following said regular election.

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(c) Municipal officers elected at regular elections shall assume the duties of their respective offices on the first Monday in October following their election unless otherwise provided in this article and shall serve until their successors are elected and qualified.

Section 11-43-2 of the Code of Alabama also provides that the aldermen in cities and towns shall be elected at the "general election held on the fourth Tuesday in August, 1984, and quadrennially thereafter."

Ala. Code § 11-43-2 (1989). The next regular or general municipal elections will be held on the fourth Tuesday in August 2004. Thus, the Town of Munford must hold a general municipal election in August 2004. The terms of the mayor and council elected at this regular election shall begin on the first Monday in October 2004 following the election in August 2004. The terms of the initial mayor and council will end when the persons elected in August 2004 take office.

The Town of Munford must hold a general municipal election in August 2004. The mayor and council elected at that election will take office on the first Monday in October 2004. The terms of the mayor and council currently holding office will end when the persons elected in August 2004 take office.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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