§ 45-26-130 — Appointment and Employment; Duties; Compensation; Equipment and Facilities

(a) This section shall apply only in Elmore County.
(b) The Elmore County Commission shall appoint and employ a county engineer or chief engineer, who shall be a thoroughly qualified and competent professional engineer. The county engineer or chief engineer shall possess all of the qualifications as specified for county engineers or chief engineers under the general laws of the State of Alabama. The county engineer or chief engineer shall be responsible for the maintenance and construction of the public roads, bridges, and ferries in the county and shall perform other duties as may be assigned by the county commission.
(c) It shall be the duty of the county engineer or chief engineer to carry out the following as determined by the county commission:
(1) Employ, supervise, and direct all assistants necessary to properly maintain and construct the public roads, bridges, and ferries of the county and prescribe their duties and discharge employees for cause or when they are not needed.
(2) Perform engineering and surveying service as may be required and prepare and maintain the necessary maps and records.
(3) Maintain the necessary accounting records to reflect the cost of the county road system.
(4) Build or construct new roads, or change old roads, but only when ordered to do so by proper order of the county commission.
(5) Construct and maintain all county roads on the basis of the county as a unit without regard to any district or beat lines.
(6) Employ, supervise, and direct any deputies and assistants necessary to assist the county engineer or chief engineer to properly perform all duties of the county engineer or chief engineer.
(d) It shall be the duty of the county commission to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of public roads, bridges, and ferries. The wage or salary scale shall not be exceeded by the engineer in employing labor and assistants.
(e) The county commission shall fix the amount of the salary of the county engineer or chief engineer, payable in equal monthly installments from appropriate road and bridge funds.
(f) Before entering upon his or her duties, the county engineer or chief engineer shall make and enter into a surety bond in the amount set from time to time by the county commission, payable to Elmore County, conditioned on the faithful discharge and performance of his or her duties as engineer, and for the faithful accounting of all monies or property of Elmore County which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama and shall be approved by the county commission. The premiums shall be paid by the county.
(g) The county commission shall furnish the county engineer or chief engineer with an office within the county and all necessary office supplies, equipment, communication, utilities, and necessary transportation to accomplish his or her duties under this section.
(h) The county engineer or chief engineer shall be the custodian and accountable to the county commission for all road machinery and equipment, tools, supplies, and repair parts owned by Elmore County. The county commission shall establish necessary policies and regulations governing accountability and relief therefrom. The county commission shall furnish the necessary storage and repair facilities for the tools, machinery, supplies, and equipment, and the county engineer or chief engineer shall keep on file in his or her office an up-to-date inventory containing a list of all tools, machinery, equipment, parts, and supplies owned by the county.
(i) Unless otherwise determined by the county commission, the authority of the county engineer or chief engineer shall be limited to the expenditure of funds appropriated by the county commission for engineering functions described in this section. The county commission shall fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Elmore County for the ensuing fiscal year, beginning on October 1. That amount, other than the salary of the county engineer or chief engineer, and his or her necessary expenses, shall not be exceeded, except that the county commission, from time to time, within any period, may increase the amount allowed to be expended by the county engineer or chief engineer during the period, provided that the authorization does not conflict with other provisions of law.
(j) The county engineer or chief engineer shall make written requisition for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance, or repair of the public roads, bridges, and ferries of the county. The purchases shall be made in accordance with prevailing law.
(k) In the event of an emergency in which it would be impossible for the county commission to employ an engineer, the commission shall employ a competent road supervisor who need not be an engineer, but, when so employed shall have all the duties and authority of the county engineer or chief engineer and shall be subject to this section. The emergency employment of a competent road supervisor shall not continue longer than necessary to employ a qualified engineer who will accept employment by the commission under the terms of this section. It is the intention of this section to provide that the construction and maintenance of county roads, bridges, and ferries shall be under the supervision of a qualified engineer.
(l) Each member of the county commission shall inspect the roads and bridges of his or her district, from time to time, hear the suggestions and complaints of the residents, and report the suggestions or complaints to the county commission with his or her recommendations. The members of the county commission shall also assist in securing right-of-way and assist in public relations generally.

Legislative History

(Act 2005-94, p. 145, §§1-12; Act 2019-90, §1; Act 2019-205, §1; Act 2021-145, §1.)