SB184INTRODUCED
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SB184
KNG6AUU-1
By Senator Elliott (N & P)
RFD: Local Legislation
First Read: 29-Feb-24
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5 KNG6AUU-1 01/29/2024 FC (L)ma 2024-154
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First Read: 29-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Baldwin County; to provide for the election
of the Chair of the Baldwin County Commission on a countywide
basis; to provide for the power, duties, and salary of the
chair; for this purpose to amend Section 45-2-70.01 of the
Code of Alabama 1975; to amend Section 45-2-120.12 of the Code
of Alabama 1975, relating to the county civil service system,
to further provide for certain appointed contract employees to
be appointed by the chair of the commission; to provide for
the election of the four remaining county commissioners from
single member districts only by the qualified electors of each
respective district; to repeal Section 45-2-72.01 of the Code
of Alabama 1975, to conform with this act; and to provide a
referendum on the adoption of this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Effective at the 2026 General Election
and thereafter, the Chair of the Baldwin County Commission
shall be elected countywide. The chair shall serve as
presiding officer of the county commission. The term of the
chair shall be for four years concurrent with the terms of
the remaining four members of the county commission. The term
of the chair shall commence in November after the election at
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of the chair shall commence in November after the election at
the same time provided for members of a county commission.
(b) The Chair of the Baldwin County Commission shall
serve on a full-time basis and shall perform all duties of a
chair of a county commission provided by general law or a
local law applicable to Baldwin County. The chair may vote in
any matter coming before the commission.
(c) The chair of the county commission shall receive a
salary based on the same salary schedule as a circuit court
judge in Baldwin County. The salary schedule shall be applied
to the chair in the same manner as the salary schedule is
applied to a circuit judge, including any provision for
adjustments based on years of service.
(d) Notwithstanding the provisions of Section
45-2-120.12, Code of Alabama 1975, the Chair of the Baldwin
County Commission shall only appoint the following contract
employees subject to approval of the county commission:
(1) County Administrator.
(2) County Engineer.
(3) Clerk/Treasurer.
(4) Budget Director.
(5) Emergency Management Director.
(6) Personnel Director.
(e) Each appointed contract employee shall report
directly to the Chair of the Baldwin County Commission. A
contract employee shall not be considered an unclassified
employee under the civil service system.
Section 2. Sections 45-2-70.01 and 45-2-120.12 of the
Code of Alabama 1975, are amended to read as follows:
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Code of Alabama 1975, are amended to read as follows:
"§45-2-70.01
(a) In Baldwin County, effective beginning the next
term of office, the annual basic compensation of each member
of the county commission , except the chair, shall be an
average of the median annual household income in Baldwin
County for the previous four years as ascertained and adjusted
each four-year term by the State Department of Labor to take
effect on the first day of November the first year of each
four-year term and to be payable in equal monthly installments
from the general fund of the county.
(b) Effective beginning the next term of office, the
member serving as chair of the commission shall receive
additional compensation in the amount of five thousand dollars
($5,000) per annum for service as chair, payable from the
general fund of the county in equal monthly installments.
(c) In the event the number of county commissioners in
Baldwin County is increased for any reason or if the county
commissioners are no longer elected at-large in countywide
elections, the salary of each county commissioner, including
the chair as provided in subsections (a) and (b), shall revert
back to the amount of compensation received on November 1,
2004.
(d)(b) Notwithstanding the other provisions of this
section, in order to be eligible to receive any compensation
or expense allowance increase provided pursuant to this
section, a county commissioner shall waive in writing any
compensation increase otherwise provided pursuant to Section
11-2A-4.
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11-2A-4.
(c) This section shall not affect the salary of the
elected Chair of the Baldwin County Commission. "
"§45-2-120.12
One appointed employee position may be filled by the
judge of probate which position shall be designated chief
clerk. Two appointed employee positions may be filled by the
revenue commissioner which positions shall be designated chief
clerk of collections and chief appraiser. Three appointed
employee positions may be filled by the sheriff which
positions shall be designated chief deputy, chief jailer, and
chief of the civil division. The following shall be appointed
contract employees: County administrator, emergency management
director, juvenile detention director, personnel director,
building official, clerk/treasurer, county engineer,
development and environmental director, and budget director ,
and communication and information systems director . Each of
the appointed contract employees shall be employed under
contract with the commission chair subject to approval of the
contract by the county commission . Each contract shall include
at a minimum the following provisions:
(1) A provision for termination and severance.
(2) A job description for the position.
(3) An annual written evaluation to be reviewed with
the employee and retained by the commission chair in the
employee's personnel file.
(4) A provision that the contract will be nonbinding on
the successor commission chair after each four-year election;
however, the contracts must be cancelled or continued within
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however, the contracts must be cancelled or continued within
90 days of the successor commission chair taking office.
(5) A provision that any appointed contract employee
employed by the county commission may not be subject to any
action to cancel or not to renew the contract or in any other
manner dismiss or terminate the contract employee except by a
three-fourths vote of the elected members of the county
commission."
Section 3. Effective for the general election in 2026,
each of the four members of the Baldwin County Commission, not
including the chair, shall be elected from a single-member
district only by the qualified electors of each respective
district. The district boundaries for the election of the
members of the county commission shall be provided by local
law enacted prior to July 1, 2025. In the event a local law
providing new boundaries for the county commission is not
enacted prior to July 1, 2025, the districts for the election
of members of the county commission shall be drawn by the
Presiding Circuit Judge of the Baldwin County Circuit Court.
The plan for the apportionment of the districts shall be filed
with the Office of the Judge of Probate prior to October 1,
2025. Each member shall be elected only by the qualified
electors of each respective county commission district.
Section 4. Section 45-2-72.01 of the Code of Alabama
1975, providing for the appointment of the chair of the county
commission, is repealed, effective November 13, 2026.
Section 5. Sections 1 through 4 of this act shall
become operative only if approved by the qualified electors
who reside within Baldwin County who vote in a referendum
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who reside within Baldwin County who vote in a referendum
election to be held on the date of the 2024 General Election.
An order setting the election shall be entered by the judge of
probate. The notice of the election shall be given by the
Judge of Probate of Baldwin County, and the election shall be
held, conducted, and the results canvassed in the manner
provided for other countywide elections. The question shall be
substantially as follows: "Do you favor the adoption of Act
_________ of the 2024 Regular Session of the Alabama
Legislature which provides for the Baldwin County Commission
to be composed of five members and provides further for the
operation of the county commission in Baldwin County? Yes ( )
No ( )." The county shall pay all costs and expenses
incidental to the election. If a majority of the votes cast in
the election are "Yes," this act shall become operative
immediately. If the majority of the votes are "No," this act
shall have no further effect. The judge of probate shall
certify the results of the election to the Secretary of State.
Section 6. This act shall become effective June 1,
2024.
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