AGO 1996-088.

• Case Date: January 09, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-088. 1996-088January 9, 1996Honorable Steve Clouse Member, House of Representatives District No. 93 P. O. Box 818 Ozark, AL 36361 Offices and Officers - Residence Requirements - City Councilmen - Municipalities Whether a council member is a resident of the city or district is a factual question to be determined by the city council based upon where the council member evidences an intention to reside and where he actually resides given the surrounding circumstances. A citizen may challenge a council member's residency by filing a quo warranto action pursuant to Code of Alabama 1975, _ 6-6-591.Dear Representative Clouse: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1. Does the fact that a council person who owns a residence in the district that the council person represents but does not live in the residence constitute a domicile for the purpose of determining residency? 2. If a citizen assumes that an elected council person of a township no longer resides within the parameters of that council person's district lines, what cause of action can that citizen take to prove the assertion? FACTS AND ANALYSIS Code of Alabama 1975, _ 11-43-1, provides: ". . . The councilmen shall be qualified electors of said city or town, residing within the limits of the ward from which they shall have been elected and shall reside within the limits of said ward during the term of their office." In addition, Code of Alabama 1975, _ 36-9-1, states: "Any office in this state is vacated: ". . . "(3) By the incumbent's ceasing to be a resident of the state or of the division, district, circuit or county for which he was elected or appointed . . ." The question of whether a council member "legally resides" or is a "resident" of a particular municipality or a district is a question of fact to be determined by the city council based on all of the surrounding circumstances of each individual case. Opinion to Honorable Ray Janney, Mayor, City of...