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INTEROFFICE MEMORANDUM

City Of Birmingham
Law Department
205-254-2369

HIGHLY CONFIDENTIAL COMMUNICATION


TO:

Mayor William A. Bell, Sr.


Council President Johnathan Austin

Councilor James May" Roberson, President ProTern


Councilor Lashundra Scales

Councilor Kim Rafferty


Councilor Valerie Abbott

Councilor Steven Hoyt


Councilor William Parker

Councilor Shelia Tyson

Councilor Marcus Lundy


FROM:

Thomas Bentley III, Deputy City Attorney "Jl^^**-^;


Jim Stanley, Chief Assistant City Attorney
Tracy L. Roberts, Principal Assistant City Attorney
Javan J. Patton, Principal Assistant City Attorney

SUBJECT:

Amendments to the Mayor Council Act - Act 2016-277

DATE:

May 5,2016

Act 2016-277 requires that on Tuesday, May 10,2016, the council shall elect an officer ofthe City
who shall preside at meetings ofthe council and apresident pro tern, who shall act as president of
the council during the absence or disability ofthe president. The president and pro tern shall serve
until the election in August 2017. Both the president and the pro tern shall be elected from among
the council members. "All election of officers shall be made viva voce (by voice vote), and a
concurrence ofa majority ofthe members ofthe council shall be required, and all members ofthe

council may vote any provision oflaw to the contrary notwithstanding. On the vote resulting in an
election or appointment, the name ofeach member and for whom he voted shall be recorded." 1143-45, Code of Alabama. "Unless otherwise permitted (The Alabama Open Meetings Act) or
directed by provisions in the Constitution of Alabama of 1901, or other existing state law
applicable to the governmental body, all votes on matters before a governmental body,... shall be
made during the open or public portion ofameeting for which notice has been provided pursuant
to (the Open Meetings Act). Unless otherwise directed by provisions in the Constitution of

Alabama of1901, or other existing state law applicable to a governmental body, a governmental
body may not vote by secret ballot." 36-25A-5(b), Code ofAlabama.
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Summary

1. On Tuesday, May 10, 2016, the Birmingham City Council must elect a president and pro
tern.

2. The president and protern elected on May 10,2016, shall serve out the current term.

3. The new council elected in 2017 will elect apresident and pro tern who will serve a 2year
term and shall be elected every 2 years thereafter.

4. Both the president and the pro tern shall be elected by a recorded voice vote from among
the council members. Atleast 5 votes are required for election. The name of each member
and for whom he voted shall be recorded.

5. The Open Meetings Act requires these actions to be conducted during the open or public
portion of a meeting. Votes may not beby secret ballot.

NOTE: Please note that this memo only addresses those amended provisions related to election
and term of the president and pro tern of the council.

cc:

Jarvis Patton, Chiefof Operations


Cheryl Anderson Kidd, Council Administrator
April Odom, Director of Communications
Lee Frazier, City Clerk

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