Honorable James R. "Jay" Johnson
AGO 2019-30
No. 2019-030
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
April 4, 2019
Honorable
James R. "Jay" Johnson
City
Manager, City of Anniston
1128
Gurnee Avenue
Anniston,
Alabama 36201
Municipalities
- City Councils -City Managers - Attorneys Calhoun County
The
city manager has the authority to appoint and remove officers
and employees, including the deputy city attorney, the public
defender, and their assistants.
If it
determines that special consideration is required to handle a
specific case or cases pending in municipal court, the city
council may hire outside counsel to assist the deputy city
attorney.
Dear
Mr. Johnson:
This
opinion of the Attorney General is issued in response to your
request on behalf of the City of Anniston.
QUESTION
Does
the Anniston City Council or city manager appoint the deputy
city attorney, additional prosecutors to assist the deputy
city attorney in prosecuting cases in municipal court, the
public defender, and additional defenders to assist the
public defender in providing indigent defense services in
municipal court?
FACTS
AND ANALYSIS
Your
request states that the City of Anniston operates under the
City Manager Act of 1953, codified at section 45- 8A-23,
et seq., of the Code of Alabama. Ala. Code
§§ 45-8A-23 to 45-8A23.310 (2005 & Supp. 2017).
The act establishes the city council and sets out, among
other things, the appointment of the city manager. Ala. Code
§ 45-8A-23.050 (2005). In addition to having a city
manager, the one councilmember selected by all of the
qualified voters in the city is designated the
"mayor" and serves as the ceremonial leader and
chief executive officer of the city. ALA. CODE §
45-8A-23.055 (2005).
The
powers of the council include appointing the city manager,
establishing the administrative departments and allocating
their duties, adopting the...