Mayor-Council Act of 1955: Difference between revisions

Latest revision as of 12:53, 10 July 2023

The Mayor-Council Act of 1955 is the Alabama State Law which establishes and defines the structure and powers of municipal government for the City of Birmingham under the Alabama Constitution of 1901. It was created to give citizens greater representation in local government and to establish a balance of power between the city's executive and legislative branches.

Specifically the movement to change the form of government was shepherded by business leaders who wanted to give the city's political leadership a more progressive voice during a time of heightened racial tensions. The Birmingham Chamber of Commerce's Senior Citizen Council asked the Birmingham Bar Association to study various forms of government and propose the form that would "best serve Birmingham and provide greater representation than the ... three-member commission." The BBA found that a, "strong Mayor-Council form of municipal government is best suited to the present and future needs of a greater and better Birmingham."

Birmingham citizens voted in a referendum on November 6, 1962 to adopt the Mayor-Council Act. The March 5, 1963 Birmingham municipal election attracted four mayoral candidates and 76 hopefuls for the nine at-large council seats. Albert Boutwell defeated incumbent Commissioner of Public Safety Bull Connor in a runoff to become the first mayor under the new act.

He was sworn in on April 15 of that year, but For the first five weeks of his administration the former City Commission continued to meet, refusing to recognize the new government. As their legal challenge proceeded through the courts, the city operated with two governments. It was during this contentious transition period that Bull Connor, acting as Police Commissioner, turned Police dogs and fire hoses on demonstrators participating in the Birmingham Campaign for Civil Rights.

2010 changes

The idea of having the office of Mayor and all nine council seats on same ballot was suggested to state representative Merika Coleman-Evans by Leona Payne as a way of lessening the politicizing of city business when multiple Council members were running for Mayor without having to step down. The law changing the election cycle for Mayor passed in 2010.

2016 changes

Significant changes were made to the Mayor-Council Act during the 2016 legislative session. House Bill 399, sponsored by Oliver Robinson and signed into law (Act 2016-276) by Governor Robert Bentley, expanded the Birmingham Water Works Board to six members and gave two appointments to the Mayor of Birmingham.

A separate measure, House Bill 515, was also sponsored by Robinson, who acknowledged that William Bell had sent him a "wish list" of proposed changes that he brought to the Jefferson County Legislative Delegation. It transferred several powers from the council to the mayor, including the authority to authorize the creation, reorganization or abolition of city departments; to appoint outside counsel; and to authorize and approve line-item changes in the city budget. The law also voided any existing or future city ordinances that conflict with its provisions, and changed the terms of the council president and president pro-tem from four years to two years.

Despite objections from the City Council and Council President Johnathan Austin, that bill passed and was signed into law as Act of Alabama 2016-277. In January 2019 The Birmingham City Council unanimously passed another resolution asking state legislature to reverse the 2016 changes.

References

Act No. 452, Alabama Acts of 1955, as supplemented by Act No. 294, Alabama Acts of 1965
Vann, David (1988) "The Change from Commission to Mayor-Council Government and the Racial Desegregation Agreement in Birmingham, Alabama 1961-1963" UAB Center for Urban Affairs
"A Brief History of the Mayor-Council Act" (March 17, 2016) The Birmingham Times
Stock, Erin & Joseph D. Bryant (April 15, 2008) "Birmingham's Mayor-Council Act turns 45". The Birmingham News
Watkins, Mia & Alan Collins (March 7, 2016) "Bell, Austin clash over possible Mayor-Council Act changes." WBRC.com
Steere, Tim (April 28, 2016) "How new bill would change Birmingham's government structure." Birmingham Business Journal
Owens, Cody (May 3, 2016) "Split on Change." Weld for Birmingham
Bryant, Joseph D. (May 30, 2023) "Birmingham’s budgeting process creates power imbalance, critics say." AL.com
Prickett, Sam (July 3, 2023) "Mayor-Council Act, Which Tilted Power Toward Mayor, Still Under Fire 7 Years After Adoption." BirminghamWatch

External links

The Mayor-Council Act at birminghamal.gov
HB-515, as enrolled at alisondb.legislature.state.al.us

@@ Line 1: / Line 1: @@
 The '''Mayor-Council Act of 1955''' is the [[Alabama]] State Law which establishes and defines the structure and powers of municipal government for the City of [[Birmingham]] under the [[Alabama Constitution of 1901]]. It was created to give citizens greater representation in local government and to establish a balance of power between the city's executive and legislative branches.
-Specifically the movement to change the form of government was shepherded by business leaders who wanted to give the city's political leadership a more progressive voice during a time of heightened racial tensions. According to a study commissioned by the [[Birmingham Chamber of Commerce]] and the [[Birmingham Bar Association]], a "strong mayor-council form of municipal government is best suited to the present and future needs of a greater and better Birmingham."
+Specifically the movement to change the form of government was shepherded by business leaders who wanted to give the city's political leadership a more progressive voice during a time of heightened racial tensions. The [[Birmingham Chamber of Commerce]]'s [[Senior Citizen Council]] asked the [[Birmingham Bar Association]] to study various forms of government and propose the form that would "best serve Birmingham and provide greater representation than the ... three-member commission." The BBA found that a, "strong Mayor-Council form of municipal government is best suited to the present and future needs of a greater and better Birmingham."
-The first [[Mayor of Birmingham|mayor]] to serve under the new act was [[Albert Boutwell]], who was elected in [[1963]] and was sworn in on [[April 15]] of that year. For the first five weeks of his administration the former [[Birmingham City Commission]] filed a legal challenge to the election and refused to leave office, giving Birmingham two governments. It was during this contentious transition period that acting Police Commissioner [[Bull Connor]] turned dogs and fire hoses on demonstrators participating in the [[Birmingham Campaign]] for Civil Rights.
+Birmingham citizens voted in a referendum on [[November 6]], [[1962]] to adopt the Mayor-Council Act. The [[March 5]], [[1963 Birmingham municipal election]] attracted four mayoral candidates and 76 hopefuls for the nine at-large council seats. [[Albert Boutwell]] defeated incumbent Commissioner of Public Safety [[Bull Connor]] in a runoff to become the first [[Mayor of Birmingham|mayor]] under the new act.
-In recent years certain provisions of the Act have been criticized. Bills have been introduced in the Alabama Legislature that would change the terms of office of the Mayor and City Council so that both were elected in the same cycle. (Currently sitting Council members are able to campaign for mayor without resigning unless they win the election.)
+He was sworn in on [[April 15]] of that year, but For the first five weeks of his administration the former [[Birmingham City Commission|City Commission]] continued to meet, refusing to recognize the new government. As their legal challenge proceeded through the courts, the city operated with two governments. It was during this contentious transition period that [[Bull Connor]], acting as Police Commissioner, turned [[Police dogs and fire hoses]] on demonstrators participating in the [[Birmingham Campaign]] for Civil Rights.
-==Articles==
+==2010 changes==
-* Article I: Adoption of the Mayor-Council Form of Government; Election and Term of Council
+The idea of having the office of Mayor and all nine council seats on same ballot was suggested to state representative [[Merika Coleman-Evans]] by [[Leona Payne]] as a way of lessening the politicizing of city business when multiple Council members were running for Mayor without having to step down. The law changing the election cycle for Mayor passed in [[2010]].
-* Article II: Legal Status, Form of Government, Powers
-* Article III: The Council
+==2016 changes==
-* Article IV: Mayor
+Significant changes were made to the Mayor-Council Act during the [[2016]] legislative session. House Bill 399, sponsored by [[Oliver Robinson]] and signed into law (Act 2016-276) by Governor [[Robert Bentley]], expanded the [[Birmingham Water Works Board]] to six members and gave two appointments to the [[Mayor of Birmingham]].
-* Article V: Budget
-* Article VI: Department of Finance
+A separate measure, House Bill 515, was also sponsored by Robinson, who acknowledged that William Bell had sent him a "wish list" of proposed changes that he brought to the [[Jefferson County Legislative Delegation]]. It transferred several powers from the council to the mayor, including the authority to authorize the creation, reorganization or abolition of city departments; to appoint outside counsel; and to authorize and approve line-item changes in the city budget. The law also voided any existing or future city ordinances that conflict with its provisions, and changed the terms of the council president and president pro-tem from four years to two years.
-* Article VII: Succession in Government
-* Article VIII: General Provisions
+Despite objections from the City Council and Council President [[Johnathan Austin]], that bill passed and was signed into law as '''Act of Alabama 2016-277'''.  In January [[2019]] The [[Birmingham City Council]] unanimously passed another resolution asking state legislature to reverse the 2016 changes.
-* Article IX: Abandonment of Mayor-Council Form of Government
-* Article X: General Statutory Provisions
 ==References==
 * Act No. 452, Alabama Acts of 1955, as supplemented by Act No. 294, Alabama Acts of 1965
-* Stock, Erin & Joseph D. Bryant (April 15, 2008) "Birmingham's Mayor-Council Act turns 45". ''Birmingham News''
+* Vann, David (1988) "The Change from Commission to Mayor-Council Government and the Racial Desegregation Agreement in Birmingham, Alabama 1961-1963" UAB Center for Urban Affairs
+* "[http://www.birminghamtimes.com/2016/03/a-brief-history-of-the-mayor-council-act/ A Brief History of the Mayor-Council Act]" (March 17, 2016) {{BT}}
+* Stock, Erin & Joseph D. Bryant (April 15, 2008) "Birmingham's Mayor-Council Act turns 45". {{BN}}
+* Watkins, Mia & Alan Collins (March 7, 2016) "[https://www.wbrc.com/story/31404862/bell-austin-clash-over-possible-mayor-council-act-changes/ Bell, Austin clash over possible Mayor-Council Act changes]." WBRC.com
+* Steere, Tim (April 28, 2016) "How new bill would change Birmingham's government structure." {{BBJ}}
+* Owens, Cody (May 3, 2016) "Split on Change." {{Weld}}
+* Bryant, Joseph D. (May 30, 2023) "Birmingham’s budgeting process creates power imbalance, critics say." {{AL}}
+* Prickett, Sam (July 3, 2023) "[https://birminghamwatch.org/mayor-council-act-which-tilted-power-toward-mayor-still-under-fire-7-years-after-adoption/ Mayor-Council Act, Which Tilted Power Toward Mayor, Still Under Fire 7 Years After Adoption]." ''[[BirminghamWatch]]''
 ==External links==
-* [http://www.birminghamal.gov/pdf/mayorcouncil.pdf The Mayor-Council Act] at birminghamal.gov
+* [https://www.birminghamal.gov/wp-content/uploads/2017/08/mayorcouncilact.pdf The Mayor-Council Act] at birminghamal.gov
+* [http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2016RS/PrintFiles/HB515-enr.pdf HB-515, as enrolled] at alisondb.legislature.state.al.us
 [[Category:Birmingham government]]
 [[Category:1955 works]]
+[[Category:Alabama laws]]