alabama statement of economic interest

of . At all times, this advice is secondary to the Ethics Commission's instructions and . . See AGO to Hon. All public employees required to complete the Statement of Economic Interests each year are also required to complete the ethics training. (17) City and county school superintendents and school board members. The importance of a solid municipal budget cannot be overemphasized. (25) Every full-time public employee serving as a supervisor. Annual reports are required for local officials regardless of whether the official has dissolved his or her political campaign committee. Except as otherwise provided or prohibited by law, any county or municipality of the State of Alabama may enter into a written contract with one or more counties or municipalities for the joint exercise of any power or service that state or local law authorizes each of the contracting entities to exercise individually. A police department must obtain a court order to use or destroy guns seized for certain firearms offenses under Section 13A-11-84(b), Code of Alabama 1975. Alabama Ethics Commission P.O. The commission may add additional business to this listing. See Section 11-43-52, Code of Alabama. Sections 11-43-2 and 11-43-80, Code of Alabama, 1975. In Prichard v. Moulton, the Alabama Supreme Court held that this section gives the council authority to enter into contracts for the city. USA's H.R. An affirmative vote to adopt an agenda may not be reconsidered. from a vendor that is a not a registered participant in the Convention. As such, a municipality could charge a reasonable fee for copying and other related expenses for producing the voter list. 04/19/2021 - ECBOE Mask Update. If a minimum salary is prescribed by statute, an officer is entitled to the minimum whether or not the council has established a salary for the office. Class 5 Cities of not less than 25,000 and not more than 49,999 inhabitants Section 11-43-18, Code of Alabama 1975.]. ALABAMA THE UNIVERSITY . This rule is accessible at the following web link http://www.alabamaadministrativecode.state.al.us/docs/rev/index.html. 300 N. Beaty Street (At a minimum, the governing body should be able to articulate some legitimate, objective public purpose that is furthered by the action. Section 11-47-116(a), authorizes municipalities to pass an ordinance to provide for the taking up, storing and sale of abandoned and stolen property. (5) All full-time nonmerit employees, other than those employed in maintenance, clerical, secretarial, or other similar positions. However, the training must be related to the duties of the employee and serve a public purpose. If no one in the affected area objects to the reduction, the probate judge will order the corporate limits reduced. (Acts 1973, No. Before leaving the name of a candidate off the ballot after a proper statement of candidacy and the statement of economic interests have been filed, the mayor should have a court order or Attorney General's Opinion to that effect. [Note: An alternate procedure for filling vacancies in a Class 6 municipality are provided for in Section 11-43-65, Code of Alabama 1975.]. Sign up for our free summaries and get the latest delivered directly to you. The Commission has an annual filing requirement for the SEI form for those required to file. Where the present council consists of the mayor and four councilmembers, a vote of three members would constitute a majority to elect a nominee to fill the vacancy. Please attach The police department may not sell or trade condemned guns, or the parts thereof, seized under section 13A-11-84(b). May be required to complete the annual State of Alabama Statement of Generally, the full authority to control municipal finances is placed in the municipal council. A town cannot waive the requirement of a yearly audit and at least once a year the town must secure an audit and pay an agreed upon sum for the services rendered by either the Department of Examiners of Public Accounts or an independent auditor. You're all set! Class 7 Cities of not less than 6,000 and not more than 11,999 inhabitants (3) A listing of total combined household income of the public official or public employee during the most recent reporting year as to income from salaries, fees, dividends, profits, commissions, and other compensation and listing the names of each business and the income derived from such business in the following categorical amounts: less than one thousand dollars ($1,000); at least one thousand dollars ($1,000) and less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); or at least two hundred fifty thousand dollars ($250,000) or more. Each day a business operates without a required license constitutes a separate offense. UAB is an Equal Opportunity/Affirmative Action Employer committed to fostering a diverse, equitable and family-friendly environment in which all faculty and staff can excel and achieve work/life balance irrespective of race, national origin, age, genetic or family medical history, gender, faith, gender identity and expression as well as sexual orientation. This email address is being protected from spambots. Advances for expenses are permitted only if they are allowed by a resolution adopted by the council. E. B. Overton, April 23, 1957 and to Hon. The Alabama Ethics Commission is imposing and enforcing fines of $10 per day past April 30, 2021, deadline up to $1000, along with potential misdemeanor charges for non-compliance. (6) If real estate is held for investment or revenue production by a public official, his or her spouse or dependents, then a listing thereof in the following fair market value categorical amounts: Under fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); at least one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); at least two hundred fifty thousand dollars ($250,000) or more. The council may establish a procedure for creating a "preliminary agenda" prior to the meeting and establish the person or persons responsible for putting the "preliminary agenda" together. The other process, which involves the municipal council, is found in Section 11-42-200 through 213 of the Code of Alabama 1975. Notwithstanding the provisions of subsection (a) or any other provision of this chapter, no coach of an athletic team of any four-year institution of higher education which receives state funds shall be required to include any income, donations, gifts, or benefits, other than salary, on the statement of economic interests, if the income, donations, gifts, or benefits are a condition of the employment contract. (18) City and county school principals or administrators. See Section 11-43-7, Code of Alabama 1975. Indebtedness associated with the homestead of the person filing is exempted from this disclosure requirement. For matters of the public trust, the State of Alabama Ethics Commission determines that certain individuals should be required to file a Statement of Economic Interests form, disclosing potential conflicts of interest. You're all set! Filing of statement of economic interests. PENALTY FOR LATE FILING: So instead of panicking and yelling Youre going to bankrupt the City! Section 32-5A-139, Code of Alabama, sets out additional authority for a law enforcement officer to tow a vehicle from a public highway when it is obstructing the flow of traffic. (b) Unless otherwise required by law, no public employee occupying a position earning less than seventy-five thousand dollars ($75,000) per year shall be required to file a statement of economic interests, as adjusted by the commission by January 31 of each year to reflect changes in the U.S. Department of Labor's Consumer Price Index, or a successor index. This determination must ultimately be made by the municipal governing body. 97-651, p. 1217, 1; Act 2012-509, p. 1507, 1; Act 2015-495, 1.). NOTE: when producing the voter list, Section 17-4-33(b) of the Code of Alabama, 1975 requires the municipal clerk to include the name but omit the residential and mailing address of a registered voter who submits an affidavit to the county board of registrars as being a victim of domestic violence. The website or any of the authors does not hold any responsibility for the suitability, accuracy, authenticity, or completeness of the information within. Alabama law requires that the council must determine the rules for its own proceedings. Class 2 Cities of not less than 175,000 and not more than 299,999 inhabitants udget: May be responsible for budgeting, financial reviews and maintenance, monitoring of financial goals, and/or monitoring and approving expenditures for a program or functional area. Section 11-42-210, Code of Alabama 1975. If a question is raised concerning the qualifications of a candidate, a decision thereon should be made by a court. A public official may voluntarily diminish his or her salary pursuant to Section 36-6-10, Code of Alabama, 1975. The full text of the Ethics law is codified in 36-25-1 through 36-25-30-30, Code of Alabama, 1975, as amended. The vacancy cannot be filled at the same meeting at which the vacancy is declared. However, that proved to be a poor assumption as the information provided on the website is wrong. The duty to file the statement of economic interests shall rest with the person covered by this chapter. 13A-2-23, Code of Alabama. of interests. HB259 passed the House of Representatives with bipartisan support 96 to 0. Section 41-16-57(f), Code of Alabama 1975 of the Competitive Bid Law provides that municipal contracts for personal property or contract services cannot last for a period of more than three (3) years. This section further mandates that contracts involving the lease of motor vehicles cannot exceed five (5) years. . However, the Alabama Attorney Generals Office has opined that municipalities may provide a lump sum raise or salary supplement to city employees to be paid at a certain time of year as a regular part of their compensation. pp. This page is no longer in use. These provisions would prohibit the use of city funds to provide food to be used at a holiday dinner, for city officers and employees, or for bonuses granted after work has been performed. Per Section 11-51-191 of the Code of Alabama, 1975 a taxpayer who erroneously overpaid business license taxes must file a petition for refund within three years from the date that the business license form was filed, or two years from the date of payment of the business license tax, whichever is later, or if no form was timely filed, two years from the date of payment of the business license tax. Statement of Economic Interests State of Alabama. See Holt v. Lauderdale County, 26 So.3d 401 (Ala.2008). See Sections 11-102-2 and 11-102-4, Code of Alabama 1975. (19) Purchasing or procurement agents having the authority to make any purchase. The municipal council may not declare an emergency after the work has been performed by a contractor. However, the OMA does permit the body to enter into an executive session for any of nine specified reasons. Here they are . Section 11-42-202, Code of Alabama 1975. This determination must ultimately be made by the municipal governing body. In the budget process, the council must review the efficiency of operations during the past year. (2) A list of occupations to which one third or more of working time was given during previous reporting year by the public official, public employee, or his or her spouse. At least once a year, the mayor must appoint an accountant to make a detailed examination of all books and accounts of the city or town to cover the period since the preceding examination and make a full report thereof, in writing, under oath to be submitted to the council at its first meeting after the completion of the report. Alabamainfohub.com provides information through various online resources and not liable to any kind of error or oversight. The point of order is directed at the chair and allows the councilmember to point out the perceived procedural mistake. 86-321, p. 475, 1; Acts 1995, No. Secretary of State Alabama State Capitol 600 Dexter Avenue Suite S-105 Montgomery, AL 36130 (334) 242-7200 Fax (334) 242-4993 WWW. Salaries of the Mayor and Councilmembers must be fixed by the Council at least six months prior to each general municipal election. Venia P. Hutchinson, October 15, 1973. (i.e., p-card holders). CANDIDATE INFORMATION . 15-10-3, Code of Alabama. person's statement of economic interests if a current statement of economic interests is on file with the commission.' Ala. Code 36-25-15); (4)Members of the Alabama Ethics Commission; appointed members of boards and commissions having statewide jurisdiction (but excluding members of solely advisory boards); Section 68 of the Alabama Constitution of 1901, prohibits the council from increasing the compensation (salary or wage) of employees retroactive to a date beyond the first day of the pay period for which compensation will later be due. Section 41-16-57 (f), Code of Alabama 1975 of the Competitive Bid Law provides that municipal contracts for personal property or contract services cannot last for a period of more than three (3) years. Questions submitted to the Attorney General cannot be moot, private or personal in which the municipality is not materially or primarily interested. Section 11-46-27, Code of Alabama 1975. Applications should be submitted directly to the Sales and Use Tax Division Central Office, P.O Box 327710, Montgomery, AL 36132-7710. (e) A person who intentionally violates any financial disclosure filing requirement of this chapter shall be subject to administrative fines imposed by the commission, or shall, upon conviction, be guilty of a Class A misdemeanor, or both. Statement of Economic Interests. Further, the Alabama law states that any public record, book, paper, newspaper, file, manuscript or tape which is determined to have no significance or value may be destroyed or disposed of upon the recommendation of the local records custodian and the consent and advice of the Local Government Records Commission. Alabamainfohub.com acknowledges that the information provided on this website is for information purposes only. For more information, please contact the Alabama Department of Revenue Sales and Use Tax Division at 334-242-1490. Keywords: county economic status; distressed areas; distressed counties; census tracts; maps; data; tables Created Date: 6/12/2023 11:38:20 AM I further certify that I have filed the following two (2) disclosure statements within the time frames provided by law: (l) A Statement of Economic Interests with the State Ethics Commission on the form prepared by the State Ethics Commission as required by 36-25-14 and 36-25-15, Ala. Code 1975; and Yes. Any such contract must be in writing and cannot exceed three years. Welcome to a new login process for your SEI form! See Section 17-5-4, Code of Alabama 1975. As always, however, the purchaser in Greenville is still responsible for the payment of sales and use tax. Statement of Economic Interests STATEMENT OF ECONOMIC INTERESTS Filing Year: 2013 Submit Date: 5/1/2014 12:40:59 PM: Candidate : CANDIDATE: No FOR OFFICE IN CITY COUNTY AL STATE FOR OFFICE OF : Law Enforcement Law Enforcement: Judge - Any Level: . The municipal governing body may authorize flat expense allowances for city officials for expenses incurred by them in the performance of their official duties provided that the amount of such allowances bears a reasonable and substantial relationship to the actual expenses incurred by the officers. MONTGOMERY, AL 36130-0152 (334) 242-7300 www.AG0.STATE.AL.US 2013-0001 Extraordinary Filing Alabama Ethics Commission 100 North Union Street, Suite 104 Montgomery, AL 36104 Dear Jim: I hereby amend my 2011 Statement of Economic Interests as described herein. This allows a municipality to seek remedies in court (1) to enjoin the further operation of the business within its corporate limits or police jurisdiction, (2) procure an accounting for license payments and penalties due, and (3) secure any equitable attachment that will aid in the license collection (i.e., liens, garnishments and freezing of assets). Section 11-102-7, Code of Alabama 1975. Most municipal governing bodies in Alabama adopt Robert's Rules of Order as the rules of procedure for situations which cannot be resolved by council rules of procedure. For most municipalities, there are no legal requirements that mandate a city or town operate on a budget. The Local Government Records Commission issues regulations classifying public records and prescribes the period for which records in each class must be maintained. (a) A statement of economic interests shall be completed and filed in accordance with this chapter with the commission no later than April 30 of each year covering the period of the preceding calendar year by each of the following: (1) All elected public officials at the state, county, or municipal . Any municipality incorporated after June 28, 1979, will be placed in one of the above classes according to the population of the municipality at the time of its incorporation. Pursuant to Robert's Rules of Order, when a councilmember believes that a discussion or action by the body is procedurally incorrect, the member may raise a "point of order". (It affects the general public and will continue in force until repealed.) However, Section 11-46-36 of the Code of Alabama, 1975 provides that a voter list is a public record once it is provided to the municipal clerk on or before the third Tuesday in July before the regular municipal election. The duty to file the statement of economic interests shall rest with the person covered by this chapter. Candidate Resources. The person reporting shall also name any business or subsidiary thereof in which he or she or his or her spouse or dependents, jointly or severally, own five percent or more of the stock or in which he or she or his or her spouse or dependents serves as an officer, director, trustee, or consultant where the service provides income of at least one thousand dollars ($1,000) and less than five thousand dollars ($5,000); or at least five thousand dollars ($5,000) or more for the reporting period. Section 36-7-4, Code of Alabama 1975. 11-51-96, Code of Alabama. | Accessibility, Who must file a Statement of Economic Interests Form? If the business delivers to Greenville in its own delivery trucks or if the sale occurred because of a salesperson soliciting within the Greenville, the business would be obligated to collect and remit sales and use taxes to Greenville. Who must file a Statement of Economic Interests Form? 97-651, p. 1217, 1; Act 2012-509, p. 1507, 1; Act 2015-495, 1.). (7) Chief county clerks and chief county managers. Disclosure Statement is true and correct. Yes. Login to file Quarterly Reports, sign up for Training, or Terminate a lobbyist registration. AGO 81-187. Section 11-43-56 confers control over all municipal finances and property on the council. The receipt and filing of statements of candidacy constitute ministerial acts. ), Secondary Elements (Secondary elements are used to validate Job Role assignments.). The proposed agenda is followed as a guide by the chair pending its formal adoption. alabama.gov or contact them at (334) 242-2997. Ivey calls special session on redistricting, Film incentive legislation stalls, but major changes could be coming, LDF sends letter to reapportionment committee urging adoption of VRA Plaintiffs Plan, Lawmaker: Special master likely to redraw Alabama voting maps, Innovate Alabama grants tax credits for three organizations, Gadsden selected as home of new microreactor manufacturing plant, Alabamas sales volume continues to slow, home supply on the rise, Small business survey: Inflation surpasses labor as No. If you have an ordinance that has adopted the state code by reference, then impoundment is authorized for violations of Section 32-6-19, Code of Alabama 1975 and no further ordinance is necessary. These liens attach as of the date the license is due and are superior to all other liens, except the lien of the state, county, and municipal corporations for taxes and the lien of the state and county for licenses. I have read and completed this Statement of Economic Interests Form, and do swear (or affirm) that the information contained in said Statement of Economic Interests is true and correct. After an "official" agenda has been adopted no change can be made in it except by a vote of the council. 100 N. Union Street, Suite 104 (RSA Union) 36104 - P O Box 302300, Montgomery, AL 36130-2300 STATEMENT OF ECONOMIC INTERESTS Instructions are available on our website. (7) Chief county clerks and chief county managers. 1 concern, Sewell, Dems secure $1.4 billion for broadband; Tuberville praises bill he voted against, U.S. Box 4840 Montgomery, AL 36103-4840 Phone: 334-242-2997 Fax: 334-242-0248 Email: sei@ethics.alabama.gov. In the absence of an agreement, a county cannot insist that a municipality's share of the gasoline tax proceeds be used for the upkeep of county roads in a municipality. (e) A person who intentionally violates any financial disclosure filing requirement of this chapter shall be subject to administrative fines imposed by the commission, or shall, upon conviction, be guilty of a Class A misdemeanor, or both. However, a municipality must comply with two conditions before giving aid pursuant to this provision. **Note Important Update** The salary threshold for filing per Ala Code 36-25-14 (a)(2) is $81,000 effective January 1, 2021, and applies to the filing year 2020 due by April 30, 2021, and all future years unless or until there is another resolution amending the threshold. p. 361, l. 10-11. After the conference, the council must determine the final form of the budget. Statement of Economic Interests https://ethics.alabama.gov/soei.aspx A Statement of Economic AGO 1999-168. First, a quorum of the governmental body must first convene a meeting as defined in the Act. One method is by a legislative act by the Alabama Legislature. (PDF), The University of Alabama Retiree Association. (2) A list of occupations to which one third or more of working time was given during previous reporting year by the public official, public employee, or his or her spouse. AGO 2010-068. Accordingly a candidate who intends to run for office in 2012 may begin accepting, soliciting, or receiving contributions after August 28, 2011. Save my name, email, and website in this browser for the next time I comment. Who:Who must file a Statement of Economic Interests Form? seq., is authorized by Section 219.04 (Amendment 666), of the Alabama Constitution of 1901. Here comes the BUT. Section 36-25A-1, Code of Alabama 1975. The probate judge would conduct the election in accordance with general election laws, and all registered voters in the municipality would be able to vote in the election. Such statement shall be made on a form made available by the commission. AGO 1993-285. 12/15/2023 - First Class Pre-K Registration January 15 - March 10. This is done by examining the contacts the business has with the municipality. The request must be made in writing, setting forth the facts showing the nature and character of the question which makes the advice sought necessary to present performance of some official act that the officer must perform. Any person who unintentionally neglects to include any information relating to the financial disclosure filing requirements of this chapter shall have 90 days to file an amended statement of economic interests without penalty. Advances for expenses are permitted only if they are allowed by a resolution adopted by the council. (2) Any person appointed as a public official and any person employed as a public employee at the state, county, or municipal level of government or their instrumentalities who occupies a position whose base pay is seventy-five thousand dollars ($75,000) or more annually, as adjusted by the commission by January 31 of each year to reflect changes in the U.S. Department of Labor's Consumer Price Index, or a successor index. If approved by the city council, the clerk can receive additional compensation for serving as the absentee election manager. Benjamin; Middle Name ( Enter N/A if not applicable ) . Any person who unintentionally neglects to include any information relating to the financial disclosure filing requirements of this chapter shall have 90 days to file an amended statement of economic interests without penalty. You can explore additional available newsletters here. You need JavaScript enabled to view it. Could not find Survey (7) A listing of indebtedness to businesses operating in Alabama showing types and number of each as follows: Banks, savings and loan associations, insurance companies, mortgage firms, stockbrokers and brokerages or bond firms; and the indebtedness to combined organizations in the following categorical amounts: Less than twenty-five thousand dollars ($25,000); twenty-five thousand dollars ($25,000) and less than fifty thousand dollars ($50,000); fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); two hundred fifty thousand dollars ($250,000) or more. PENALTY FOR LATE FILING:The Alabama Ethics Commission is imposing and enforcing fines of $10 per day past the April 30 deadline up to $1,000, along with potential misdemeanor charges for non-compliance. See generally 11-43-101, Code of Alabama, 1975 and Tingle v. J.D. State Ethics Commission (Statement of Economic Interest Form) View Campaign Finance Reports. Unlike state officers and employees who are specifically authorized to be reimbursed on a per diem basis under Section 36-7-20, Code of Alabama 1975, municipal officials or employees can only be reimbursed for actual travel expenses incurred. Also excludes administrative support positions. The Alabama Open Meetings Act (OMA) prohibits governmental bodies from holding closed meetings, except under limited circumstances. All UA employees who are required to file a Statement of Economic Interests for the last calendar year must do so by April 30. (11) Chief administrative officers of any political subdivision. of. NOTE: To file 4th Quarter Reports, you must use the drop menu to change the reporting year from the current year to the previous year. Such expenses should be handled in accordance with Sections 36-7-1 and 36-7-2 of the Code. 871 (Ala. 1937); Garner v. State, 158 So. For assistance or to obtain a copy of the records disposition requirements established by the Records Disposition Authority and approved by the Local Government Records Commission, please check the links listed on the League's website athttps://almonline.org/OutsideLinks.aspx.

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