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| Mayor Larry Barton |
Talladega Mayor Larry Barton has indicated he plans to seek
a declaratory judgment clarifying his authority as mayor in Talladega County
Circuit Court in the next few weeks.
In late 2002, the Alabama Constitution of 1901 was amended, changing Talladega’s form of government from mayor/council to council/city manager. Since that time, the mayor has occupied a ceremonial position, but has not directly participated in council actions or exercised any executive authority other than some appointments to outside boards, such as the housing authority.
Barton said he has been content with this role, but that a recent opinion from city attorney Mike O’Brien made him call it into question. The council had asked O’Brien for an opinion on whether or not it could appoint more than one municipal court judge to serve on a rotating basis. The gist of O’Brien’s opinion was that it could, and if the council chose this option, it would be up to the mayor to appoint one of the judges as the presiding municipal court judge. As a result, Barton wrote a letter to the council and City Manager Brian Muenger informing them of a communication with attorney William Rutledge in Birmingham he had shortly after he was elected in 2011.
Rutledge indicated that the document passed setting up this form of government was not a proper document. Rutledge said The sentence in amendment 738 in question states ‘The mayor shall serve on a part-time basis and shall be recognized as the head of the municipal government for all ceremonial purposes, but shall have no other administrative duties (emphasis added). Your powers as mayor are not affected by this sentence.”
Rutledge contends that, since the amendment designates the manager as “the head of the administrative branch of government,” and the mayor “shall not serve on the council or participate in the adoption of ordinances or other matters coming before the council,” the mayor is still the city’s chief executive.
The opinion does not directly address the 15 powers specifically, although as an example it does say that the responsibility for conducting regular audits rests with the city, not with the mayor.
In late 2002, the Alabama Constitution of 1901 was amended, changing Talladega’s form of government from mayor/council to council/city manager. Since that time, the mayor has occupied a ceremonial position, but has not directly participated in council actions or exercised any executive authority other than some appointments to outside boards, such as the housing authority.
Barton said he has been content with this role, but that a recent opinion from city attorney Mike O’Brien made him call it into question. The council had asked O’Brien for an opinion on whether or not it could appoint more than one municipal court judge to serve on a rotating basis. The gist of O’Brien’s opinion was that it could, and if the council chose this option, it would be up to the mayor to appoint one of the judges as the presiding municipal court judge. As a result, Barton wrote a letter to the council and City Manager Brian Muenger informing them of a communication with attorney William Rutledge in Birmingham he had shortly after he was elected in 2011.
Rutledge indicated that the document passed setting up this form of government was not a proper document. Rutledge said The sentence in amendment 738 in question states ‘The mayor shall serve on a part-time basis and shall be recognized as the head of the municipal government for all ceremonial purposes, but shall have no other administrative duties (emphasis added). Your powers as mayor are not affected by this sentence.”
Rutledge contends that, since the amendment designates the manager as “the head of the administrative branch of government,” and the mayor “shall not serve on the council or participate in the adoption of ordinances or other matters coming before the council,” the mayor is still the city’s chief executive.
The opinion does not directly address the 15 powers specifically, although as an example it does say that the responsibility for conducting regular audits rests with the city, not with the mayor.
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