Johnson, 040419 ALAGO, AGO 2019-30

Docket Nº:AGO 2019-30
Case Date:April 04, 2019
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...

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