In Legal Terms
- Volume 51, Number 5 - 2007
Important dates to remember...
Traveling around the state for the district meetings, I was struck by how many new county administrators we are welcoming into our family – and how many new county commissioners have come on board in the last few years. It also occurred to me that these people must feel overwhelmed trying to determine even the basic statutory responsibilities of county government.
It would be so nice to have a comprehensive listing of the county commission’s duties. But, we all know that it would be impossible to create that list – and that the list is constantly changing and growing.
Nonetheless, I thought it might be helpful to point out a handful of duties as a guide for those new to county government – and a reminder for some of the “old timers.” The list is by no means comprehensive, and may generate more questions than answers, but maybe it will help to form some of those important questions.
Setting Annual Tax Levy
Code of Alabama 1975, § 40-7-42 requires the county commission to levy general and special ad valorem taxes at its first regular meeting in February of each year. This is NOT authority to establish new taxes, but a requirement to set the currently authorized tax levies for the fiscal year beginning on Oct. 1 following the tax levy. See, e.g., AG’s Opinion ## 2001-141 and 99-239.
Establishing Precincts and Polling Places
The county commission is responsible for establishing precincts and polling places for state and county elections. See in general, Code of Alabama 1975, § 17-6-1 et seq.
At its first regular meeting in March of even-numbered years (like 2008), the county must subdivide any precinct in which there are more than 2,400 qualified voters. Code of Alabama 1975, §§ 17-6-2 and 17-6-3. Any changes made must be filed in the probate office and submitted to the Legislative Reapportionment Office within 30 days. Code of Alabama 1975, § 17-6-6(e).
There are no specific timelines in the statute for naming the voting places. However, Code of Alabama 1975, § 17-6-4(d) prohibits changing voting places within three months before an election is to be held.
As with all matters relating to voting, any changes in precincts or polling places must be submitted to the Justice Department for preclearance. The Justice Department generally has 60 days to approve a submission, which should be considered in calculating time to make these changes prior to any upcoming election. The Justice Department has the option of returning an incomplete submission for additional information, which can extend the time frame for approval. However, failure to respond within the 60-day time frame is deemed approval.
Publishing Voters’ Lists
The probate judge must publish a list of qualified electors in a newspaper of general circulation in the county on or before the 20th day preceding a regularly scheduled primary election. Code of Alabama 1975, § 17-4-1. A supplemental list of any names inadvertently left off of the original list must be published on or before the seventh day preceding the primary.
While the county commission is not directly responsible for the publication of this list, it pays for the publication. As a result of amendments passed in 2006, the county commission may select to have this list published as a preprinted supplement “at a cost no greater than the selected newspaper’s lowest applicable national insertion rates.” Therefore, it is important that the probate judge coordinate this publication with the county commission
to ensure that it is published in the most cost-effective manner as determined by the county governing body.
Financial Statement Publication
There has long been a requirement that counties publish a financial statement during the year. Prior law required that it be published on April 1 and Oct. 1 of each year. However, as part of the County Modernization Act – Phase I (Act No. 2007-488), this requirement has been significantly altered. Code of Alabama 1975, § 11-3-21 now requires that a statement of the county’s financial status for the previous fiscal year be published in a newspaper of general circulation no later than Dec. 31 of each year. The law sets out what information is to be included in this annually-required statement.
The Annual Budget
There are time frames for establishing the budget included in County Modernization Act. Under Code of Alabama 1975, § 11-8-3, the county’s annual budget must be adopted no later than Oct. 1 of each year. In order for the county to properly prepare the budget, Code of Alabama 1975, § 11-8-3(d) requires all public officials and department heads to provide the county commission with a written estimate of anticipated expenditures for the coming fiscal year at least 60 days prior to the meeting at which the county commission will adopt the budget.
In order for these officials and employees to meet this requirement and for the county to complete its work in a timely manner, it is recommended that the county commission establish a schedule for developing the budget, and share this with all persons responsible for supplying the county with its budget information.
It is important to keep in mind when preparing the budget that the so-called Omnibus Pay Act (Code of Alabama 1975, § 11-2A-1 et seq.) provides for local elected officials to receive certain increases granted uniformly to all county employees. However, Code of Alabama 1975, § 11-2A-4 specifically provides that these officials are only entitled to increases granted to county employees “at the time of the approval of the county budget.” Any compensation increases granted at other times during the year will not apply to the elected officials.
Statement of Economic Interests
Finally, it is important to remember that Alabama’s Ethics Law requires all county officials and many county employees to file a Statement of Economic Interests with the Alabama Ethics Commission no later than April 30 of each year. Code of Alabama 1975, § 36-25-14. There may be fines and criminal penalties assessed for the failure to properly file this statement. Therefore, this date should be marked boldly on everyone’s calendar.
Again, this list is only a “drop in the bucket” regarding statutory duties and time frames, and I will try to supplement it in future columns. In the meantime, please be sure the county is in compliance with each of these important time frames – and please contact me to discuss these or any other mandated county functions.
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