Kelly, 011819 ALAGO, AGO 2019-17

• Case Date: January 18, 2019
• Court: Alabama

Honorable Thomas Kelly AGO 2019-17 No. 2019-017 Alabama Attorney General Opinion State of Alabama Office of the Attorney General January 18, 2019          Honorable Thomas Kelly          Attorney, Town of Baker Hill          1896 Highway 131          Baker Hill, Alabama 36027          Municipalities - City Councils -Mayors - Tie Votes - Voting          If the vote of a municipal council and the mayor in a municipality of less than 12,000 inhabitants results in a tie, the mayor is eligible to cast his or her vote if the issue is subsequently revisited.          Dear Mr. Kelly:          This opinion of the Attorney General is issued in response to your request on behalf of the Town of Baker Hill.          QUESTION          Where the vote of the council and the mayor results in a tie, is the mayor eligible to cast his or her vote if the issue is voted on a second time?          FACTS AND ANALYSIS          Your request states that the Town of Baker Hill has a population of less than 12,000 and a five-member municipal council. Pursuant to section 11-43-2 of the Code of Alabama, the legislative functions of the municipality are performed by the mayor and council when the citizenry is less than 12,000 persons. Ala. Code § 11-43-2 (Supp. 2018). This provision states, in pertinent part, as follows:

(b) In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative function shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his or her discretion he or she may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he or she must vote.

Ala. Code § 11-43-2(b) (Westlaw 2018) (emphasis added). Although this provision states that the mayor must vote in the event of a tie, this Office has noted that a mayor may not vote in instances where the mayor participates in the initial vote and a tie results. Opinions to Honorable Gwin Wells...