Alabama Law Institute 2015 Proposed Constitutional Amendments Impacting County Government Othni J. Lathram

Background What is a constitution? Limitations of the Alabama Constitution How we move forward

Three Arenas Statewide vs. Local Ratification Notice of Proposed Local Laws Administrative Powers

Ratification Votes When can a county vote on its on CA? –Governed by –Passes each body of the legislature by 3/5 vote –Does not receive a single negative vote –Approved by a majority of the Local Constitutional Amendment Commission

Ratification Votes Proposal –Passage requires 3/5 vote of each house –After passage consideration of resolution declaring proposition only affects one county or counties by name –Single negative vote on resolution pushes amendment statewide

Ratification Votes Isolates issue of who this affects in manner separate from substance of the issue Allows full debate on substance of proposal Allows legislators to vote against substance of proposal without affecting the ratification vote

Local Laws Process Governed by Section 106 Advertise for 4 weeks Publish the “substance” of the proposed law

Local Laws Process Proposal –Cut publication time to 3 weeks –Require notice to provide the substantive features of proposed bill –Allow notice to include amendment feature

Local Laws Process Allows more flexibility on publication Reduces publication cost with elimination of need to publish the entire proposed bill Allows for greater debate, transparency, and flexibility at the legislative level

Administrative Powers NOT HOME RULE –No new taxing authority –No new police powers –No new land use regulation

Administrative Powers Features –No local referendum required –Grants authority to County Commissions to take certain administrative powers –Reduces the need for local legislation –Enumeration is “including but not limited to”

Administrative Powers Powers –Policies and Procedures relating to personnel Establish a personnel system Determine benefits Grant badge/gun to retirees Create employee incentive programs Create recognition and appreciation programs

Administrative Powers Powers –Public Property Programs Clean roadways Care and maintenance of public facilities Public Property care and maintenance Programs for dangerous animals

Administrative Powers Powers –Transportation Powers Public Transportation Programs to encourage safety on public roads and rights of way

Administrative Powers Powers –County Office Programs* One Stop Tags Jail Commissaries Unclaimed Property programs Automation Programs Establish Unit or District system for maintenance of county roads –All effected Public Officials must work in cooperation

Administrative Powers Powers –Emergency Assistance Programs Ambulance service programs Programs to improve county EMS

Administrative Powers Limitations –Cannot do anything that is prohibited or provided for by general or local law –No power to levy or assess a tax or fee increase –Cannot infringe on private property rights –Cannot alter or affect rights or compensation of elected officials

Administrative Powers Procedure –Must vote on the exercise of power at a regular public meeting –Must give notice of the meeting –Must grant an opportunity for interested persons to be heard

Next Steps 2015 Regular Session March 3, 2015