AGO 1996-135.

Case DateFebruary 13, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-135. 1996-135February 13, 1996Honorable George A. Monk City Attorney MERRILL, PORCH, DILLON & FITE, P.A. P.O. Box 580 Anniston, AL 36202 Municipalities - Attorneys - City Managers - City Councils Under City Manager Act of 1953, City Attorney is appointed by the City Manager. City Council may hire special counsel for important court proceedings.Dear Mr. Monk: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Under the terms of the City Manager Act of 1953 applicable to the City of Anniston, as the same has been amended, does the City Manager or the City Council possess the authority to hire and appoint the City Attorney for the discharge of duties imposed upon him by city ordinance or otherwise by law? FACTS AND ANALYSIS Your request presents the following pertinent information: The City of Anniston operates under the "City Manager Act of 1953" which, at the time, was applicable only to the City of Anniston, and differs in several material respects from the Council-Manager form of government generally authorized for adoption by municipalities state-wide. A question has arisen regarding the distribution of authority for the hiring of the City Attorney, as provided for in said Act, as amended. It should be noted that the "City Manager Act of 1953" has been amended numerous times, but in no respect would that, in my opinion, alter the authority to hire the City Attorney. The direct question is whether, under said Act, the authority to hire the City Attorney rests with the City Council or the City Manager. Unless otherwise noted herein, references to sections or subsections of the "City Manager Act of 1953" shall refer to Act 404, S. 430, Reg. Sess. 1953 (Acts of Alabama, 1953, 472 et seq.). Your request also presents other information which will be summarized here. The position of City Attorney is found in the chapter of "The Code of the City of Anniston, Alabama, 1981" which discusses other officers of the city such as City Clerk, Finance Director, et al. Under the City Manager Act of 1953, the City Council is given the authority to appoint and remove the City Manager and to establish other administrative departments within the city. There is no authority for the council to appoint heads of administrative...

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