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AN ORDINANCE AUTHORIZING THE ASSISTANT CITY CLERK TO PERFORM THE DUTIES OF THE CITY CLERK, INCLUDING SERVING AS ELECTIONS MANAGER AND ABSENTEE ELECTIONS MANAGER, DURING THE CITY CLERK’S ABSENCE OR INABILITY TO SERVE
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WHEREAS, Sections 11-43-103 and 11-43-104 of the Code of Alabama provide that the City Clerk shall attend all meetings of the council, keep a record of its proceedings, attest ordinances and resolutions, and perform such other duties as may be required by law or by the council; and
WHEREAS, in Alabama municipalities, the City Clerk customarily serves as the Elections Manager for all municipal elections and, in that capacity, performs duties associated with both in-person voting and absentee voting as the Absentee Elections Manager; and
WHEREAS, Section 17-11-15, Code of Alabama, requires that the governing body appoint the Absentee Elections Manager, and that such duties may be assigned to another qualified elector when the appointed person is unable to serve; and
WHEREAS, it is necessary to ensure the uninterrupted execution of all official duties of the City Clerk-both general and election-related-in the event of the Clerk’s absence or inability to serve; and
WHEREAS, to ensure continuity, the City Council finds it prudent to authorize the Assistant City Clerk to assume all duties, powers, and responsibilities of the City Clerk, including any roles to which the Clerk has been appointed, during such periods of the City Clerk’s absence or inability to perform their duties; and
WHEREAS, it is the intent of the City Council to ensure full compliance with state law while maintaining uninterrupted and secure municipal operations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Foley, Alabama, as follows:
SECTION 1. That, in the event the City Clerk is absent, unavailable, or otherwise unable to perform the duties of the office, then the Assistant City Clerk is hereby authorized and directed to perform all duties, powers, and responsibilities of the City Clerk as prescribed by the Code of Alabama, municipal ordinance, or action of the City Council, whether statutory, customary, or assigned, for the duration of such absence.
SECTION 2. That, in the event the City Clerk has been appointed by the City Council as the Elections Manager and/or the Absentee Elections Manager, and if the City Clerk is absent, unavailable, or otherwise unable to perform those duties, then the Assistant City Clerk is hereby authorized and directed to perform all such duties and responsibilities, and if performed by the Assistant City Clerk, the same shall be entitled to the rights, privileges and benefits arising from providing such services.
SECTION 3. That the Assistant City Clerk, when performing the duties and role of the City Clerk under this authority of this ordinance, shall have full authority to take all actions necessary to fulfill the duties of the City Clerk, Elections Manager, and/or Absentee Elections Manager, including signing and attesting official documents, certifying election results, and ensuring compliance with all applicable laws and procedures.
SECTION 4. That any additional compensation, stipend, or other payment ordinarily provided to the City Clerk for the performance of duties as Elections Manager and/or Absentee Elections Manager shall, during such absence of the City Clerk, be payable to the Assistant City Clerk in accordance with Ordinance No. 1051-08, applicable law, and municipal pay policies.
SECTION 5. That any ordinances or resolutions in conflict with this Ordinance are hereby repealed or partially repealed, as necessary, to eliminate the conflict and to allow this Ordinance to control.
SECTION 6. That all prior actions taken by the Assistant City Clerk during times when the City Clerk was absent, unavailable, or otherwise unable to perform their duties, are hereby ratified and approved.
SECTION 7. That this ordinance shall become effective immediately upon its adoption and publication as required by law.