of . I further certify that I have filed the following two (2) disclosure statements within the time frames provided by law: (l) A Statement of Economic Interests with the State Ethics Commission on the form prepared by the State Ethics Commission as required by 36-25-14 and 36-25-15, Ala. Code 1975; and AGO 2004-163. (b) Unless otherwise required by law, no public employee occupying a position earning less than seventy-five thousand dollars ($75,000) per year shall be required to file a statement of economic interests, as adjusted by the commission by January 31 of each year to reflect changes in the U.S. Department of Labor's Consumer Price Index, or a successor index. AGO to Ms. Jane Phillips, January 3, 1978; George Roy, December 19, 1972; Hoover Moore, April 16, 1974. See also, Section 36-7-1 et seq., Code of Alabama 1975. Alabama law requires that all municipal mayors and council members must obtain training within 120 days of being sworn into office. (5) All full-time nonmerit employees, other than those employed in maintenance, clerical, secretarial, or other similar positions. PENALTY FOR LATE FILING:The Alabama Ethics Commission is imposing and enforcing fines of $10 per day past the April 30 deadline up to $1,000, along with potential misdemeanor charges for non-compliance. Undercover law enforcement officers may have their residential addresses and the names of family members removed from public scrutiny by filing an affidavit stating that publicizing this information would potentially endanger their families. The Alabama House of Representatives passed a bill Thursday to give candidates five days after the date of filing their candidate qualifying forms to file their required statement of economic interests. Except as otherwise provided by law and as limited by the contract, any entity which contracts to perform or exercise any service or power pursuant to Chapter 102, Title 11 of the Code of Alabama, shall have the full power and authority to act within the jurisdiction of all contracting entities to the extent necessary to carry out the purposes of the contract. The importance of a solid municipal budget cannot be overemphasized. Fincher said under current law, a candidate is required to file their statement of economic interests form with the Alabama Ethics Commission at the same time that they qualify to run for office. Section 11-43-120, Code of Alabama 1975. Please Circle Commission not more than five days after qualifying papers are filed as required by Section 36-25-15, Code of Alabama, 1975. . (PDF), The University of Alabama Retiree Association. In the budget process, the council must review the efficiency of operations during the past year. See Section 36-7-2, Code of Alabama 1975. In trying to understand if a candidate was compliant with state laws as it applies to when he or she must file their Statement of Economic Interests, APR relied on information provided on the state Ethics Commission's website. The joint contract may provide for the power or service to be exercised by one or more entities on behalf of the others or jointly by the entities. Here comes the BUT. Even though the statement of economic interest form is not filed with the clerk, the clerk should inform the candidate of this requirement at the time the statement of candidacy is filed. See AGO 2011-070. This site is protected by reCAPTCHA and the Google, There is a newer version Any municipality incorporated after June 28, 1979, will be placed in one of the above classes according to the population of the municipality at the time of its incorporation. The municipality is responsible for the costs of the process including the cost of the election. (23) Each employee of the Legislature or of agencies, including temporary committees and commissions established by the Legislature, other than those employed in maintenance, clerical, secretarial, or similar positions. PDF STATEMENT OF ECONOMIC INTERESTS INSTRUCTIONS GENERAL INFORMATION - Alabama Public funds may be used to pay for meals and/or refreshments served at business meetings when the meals are directly related to the business of the entity, and the meals and refreshments are incidental to the meeting. The council may establish a procedure for creating a "preliminary agenda" prior to the meeting and establish the person or persons responsible for putting the "preliminary agenda" together. Provided however, even when expenses are advanced, an itemized statement of actual expenses must be presented by the officer or employee immediately upon return to the municipality. AGO 80-377. [Note: Some cities are required by state law to hold elections to fill vacancies in the office of mayor. (PDF). The State Ethics Commission shall, within five business days of receipt of such notification, notify the election official whether the candidate has complied with the statement of economic interest requirement. President Joseph R. Biden, Jr. and Prime Minister Narendra Modi today affirmed a vision of the United States and India as among the closest partners in the world - a partnership of democracies . This method generates a record for the disbursing officer and evidences the fact that the payments are not made in such a manner that they might be regarded as unauthorized salary increases for municipal officials. If the presiding officer receives sufficient written notice to indicate that a quorum will not be present at a meeting, the presiding officer may cancel the meeting and give notice that the meeting is canceled. This is done by examining the contacts the business has with the municipality. There you will find a link to the Statement of Economic Interests and the Forms and FAQs, which contain all of the necessary information for completing the form online or on paper. Alabama Statement of Economic Interest form as a public employee serving as a supervisor. Under the Safe Streets Act, Section 32-5A-205, Code of Alabama 1975, authorized enactment of ordinances to provide for administrative sanctions involving impoundment of vehicles used in the commission of the offense of driving with a suspended or revoked license or without a license. If you have an ordinance that has adopted the state code by reference, then impoundment is authorized for violations of Section 32-6-19, Code of Alabama 1975 and no further ordinance is necessary. (3) All candidates, provided the statement is filed on the date the candidate files his or her qualifying papers or, in the case of an independent candidate, on the date the candidate complies with the requirements of Section 17-9-3. Name and Address. Section 32-6-19 provides that: "The law enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle until the registered owner or authorized agent of the registered owner claims the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. Once consensus is gained, you should work with those state legislators and the Alabama Legislative Reference Service to have the proposed local bill prepared for advertisement as required by law. Further, all applicable provisions concerning ordinances, including introduction and publishing, must be followed. AGO 84-00063. Alabama law provides two (2) ways for a municipality to reduce its corporate limits or otherwise "de-annex" property. The presiding officer may reschedule the meeting provided proper notice of the rescheduled meeting is given pursuant to Section 36-25A-3(b), Code of Alabama 1975 of the Alabama Open Meetings Act. Notwithstanding the provisions of subsection (a) or any other provision of this chapter, no coach of an athletic team of any four-year institution of higher education which receives state funds shall be required to include any income, donations, gifts, or benefits, other than salary, on the statement of economic interests, if the income, donations, gifts, or benefits are a condition of the employment contract. AGO 81-187. STATEMENT OF ECONOMIC INTERESTS form, please visit ethics. See, Section 106, Alabama Constitution, 1901. A point of order does not require a second, since requests of the presiding officer do not require seconds, and it is not open to discussion or debate. 1/6/2023 - Preschool Inclusive Classrooms. All UA employees who are required to file a Statement of Economic Interests for the last calendar year must do so by April 30. Title 36 - Public Officers and Employees. Statement of Economic Interests. Third, the vote of each member, as well as the written or oral declaration, shall be recorded in the minutes. R.E. from a vendor that is a not a registered participant in the Convention. However, a municipality must comply with two conditions before giving aid pursuant to this provision. In order to inform the affected people of the substance of the proposed local law, advance notice stating the substance of the proposed bill must be published at least once a week for four (4) consecutive weeks in a newspaper published in the involved county or counties. PENALTY FOR LATE FILING: Section 11-42-202, Code of Alabama 1975. Not everything can be handled by local legislation. Before leaving the name of a candidate off the ballot after a proper statement of candidacy and the statement of economic interests have been filed, the mayor should have a court order or Attorney General's Opinion to that effect. Customarily, the mayor, as budget officer, and the council meet in conference to discuss, item by item, provisions of the tentative budget. Likewise, the general rule appears to be that public funds can be used to pay for a municipal officials training expenses so long as they are reasonable and necessary for the performance of his official duties and serve a public purpose. Annual reports are required for local officials regardless of whether the official has dissolved his or her political campaign committee. Statement of Economic Interests. Section 36-15-1(1)(d), Code of Alabama 1975. Yes. the Alabama State Ethics Act's requirements to file a Statement of Economic Interests (SEI). Rule 810-6-5-.04.02 provides other examples of the type of activity that would establish a taxable presence in a local jurisdiction. The Alabama State Legislature may periodically amend the Act with new laws. Additionally a candidate must certify that he or she is a qualified voter for the municipality and must have been a resident of the municipality and/or district at least 30 days prior to the filing of the statement of candidacy. All Athens State employees who are required to file a Statement of Economic Interests form for 2020 must do so by April 30, 2021. A good overall way of enforcing license ordinances is found in 11-51-150 through 11-51-161, Code of Alabama. All candidates must file a Statement of Economic Interests form with the Alabama Ethics Commission in order to appear on the ballot. In order for a meeting to occur, a quorum is required. (d) If the information required herein is not filed as required, the commission shall notify the public official or public employee concerned as to his or her failure to so file and the public official or public employee shall have 10 days to file the report after receipt of the notification. A county has a statutory obligation to maintain the safety of its roadways pursuant to 22-1-80 of the Code of Alabama. Nothing in this chapter shall be construed to exclude any public employee or public official from this chapter regardless of whether they are required to file a statement of economic interests. However, that proved to be a poor assumption as the information provided on the website is wrong. See AGO 91-00364. A law enforcement officer may arrest any person without a warrant if the offense has been committed in the presence of the officer. The receipt and filing of statements of candidacy constitute ministerial acts. If a "preliminary agenda" is created, it must be posted as soon as practicable in the same location or manner as the notice of the meeting. Get free summaries of new opinions delivered to your inbox! Section 32-5A-139, Code of Alabama, sets out additional authority for a law enforcement officer to tow a vehicle from a public highway when it is obstructing the flow of traffic.