Title
Authorizing the Mayor to request an opinion from the Attorney General
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.
____ Not budgeted requiring increase to account #___________ in the amount of $____________.
Capital - Departmental
____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.
Additional amount needed, if any: Increase in budget of $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________
____ Not Budgeted - account #____________ requires budget increase of $_____________.
Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**
In current year Capital Projects Plan:
_____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________
Body
WHEREAS, the Mayor of the City of Foley is responsible for appointing many of the members of the Planning Commission; and
WHEREAS, eligibility to serve on the Foley Planning Commission is limited by Section 11-52-3 of the Code of Alabama; and
WHEREAS, there is a vacancy on the Foley Planning Commission that needs to be filled immediately; and
WHEREAS, the Mayor has questions about the proper interpretation or meaning of Section 11-52-3 which must be answered before he can fill the vacancy on the Foley Planning Commission; and
WHEREAS, the advice from the Attorney General of Alabama is necessary for the Mayor to perform his appointing duties.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, at its regular meeting on this the 7th day of December, 2015 as follows:
That the Mayor is hereby authorized and permitted to request an opinion from the Attorney General of Alabama concerning the eligibility of a person to be appointed as a memeber of the Planning Commission as this advice is necessary in order for the Mayor to perform his duties of appointing members of the Planning Commission. The Mayor may ask any and all questions he has regarding this subject to the Attorney General including, but not limited to, the following:
1. What does the term "administrative officials of the municipality" found in Section 11-52-3(a) of the Code of Alabama mean? Does this term encompass employees who are not elected or appointed "officers" of the City? If so, does this term encompass employees who oversee a key municipal function or area but who do not supervise other people?
2. Are all Foley Planning Commission members required to be residents of the City of Foley?