§ 45-37A-51.131 — Method of Selection and Terms of Appointment of Board Members

Alabama § 45-37A-51.131

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37A: Jefferson County Municipalities
• Art. 5: Birmingham
• Part 2: Employees
• Subpart 3: Administration of Plan

Text

(a) The members of the board of managers, other than the mayor who shall always serve as chair, shall be selected and shall serve for the term as hereafter set forth.
(1) The mayor of the city shall always serve as the chair of the system.
(2) The member appointed by the personnel board shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, and shall be a qualified voter and shall serve a four-year term. Should the appointed member die, resign, or otherwise be unable to serve, the vacancy thus created shall be filled by the personnel board for the unexpired portion of the term.
(3) The first of the two members elected by a majority of the votes cast by the general employees participants in the system shall be a participant in the system and shall be a qualified voter. In order to assure representation of all participants in the system, the participant, a general employee member, elected to fill a term shall be a participant who is not a firefighter or police officer. This participant-member of the board shall be elected by majority of the votes cast by general employee members by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event the participant representative shall die, resign, or otherwise be unable to serve or no longer qualified, the general participants shall elect to fill the unexpired portion of the term a person who shall be a participant who is not a firefighter or police officer, but a general employee member of the city.
(4) The member appointed by the mayor shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, shall be a qualified voter, and shall serve for a four-year term.
(5) The member elected by a majority of the votes cast by the participants in the system shall not be a participant in this system, shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, and shall be a qualified voter. This nonparticipant member of the board shall be elected by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event of a vacancy occurring during a term of this member of the board of managers, a replacement shall be elected by participants in this system in the same manner as that set forth in subsection (b).
(6) The member to be elected by the police officers of the system shall be a participant police officer who shall be elected by a majority of the votes cast by the police officers in the system and shall be a qualified voter. The police officer representative shall serve a four-year term. In the event of a vacancy occurring during a term of this member of the board, a replacement shall be elected by the majority of the votes cast by participants who are police officers to fill the unexpired portion of the term.
(7) The member to be elected by the firefighter participants of the system shall be a participant firefighter who shall be elected by a majority of the votes cast by firefighters in the system and shall be a qualified voter. The firefighter representative shall serve a four-year term. In the event of a vacancy occurring during a term of this member of the board, a replacement shall be elected by a majority of the votes cast by the participants who are firefighters of the fire department to fill the unexpired portion of the term.
(8) The second of two members elected by a majority of the votes cast by the general employee participants in the system shall be a participant in the system and shall be a qualified voter. In order to assure representation of all participants in the system, the participant, a general employee member, elected to fill a term shall be a participant who is not a firefighter or police officer. This participant-member of the board shall be elected by a majority of the votes cast by the general employee members by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event the participant representative shall die, resign, or otherwise be unable to serve or no longer qualified, the general participants shall elect by a majority of the votes cast to fill the unexpired portion of the term a person who shall be a participant who is not a firefighter or police officer, but a general employee member of the city.
(9) The ninth member shall be a retiree elected by a majority of the votes cast by the retirees in the system, who shall be a retiree with a retirement benefit from the system and shall be a qualified voter. The retiree representative shall be elected by a majority of the votes cast by those retirees who have a retirement benefit and shall serve a four-year term. In the event the retiree representative shall cease to be retired, die, resign, or otherwise be unable to serve or no longer qualified, the retirees of the system shall by a majority of the votes cast elect to fill the unexpired portion of the term a person who shall be a retiree of the system.
(b) The elections of all elected members shall be called by the council after ninety days’ notice. Nominations of persons to fill these participant-members, nonparticipant, and retiree positions shall be made in writing by participants or retirees in this system as set forth herein and shall be filed with the council and the city clerk of the city no less than 30 days prior to the date of the election. The elections shall be by secret ballot. If a runoff election is required for any position, then the runoff election shall be under rules prescribed by the city council. The terms of the elected members shall be four years, effective on the date the results are declared. The council shall have the authority to prescribe and to change rules and regulations concerning the election of participant-members, the nonparticipant, and retiree member of the board; provided that the rules and regulations as prescribed or changed are not inconsistent with this subpart. Any member of the board may serve beyond his or her term until a successor is appointed or elected. Any member of the board may be removed by impeachment for corruption, malfeasance in office, or for habitual neglect of duty. Member 2, Member 3, Member 4, Member 5, Member 6, and Member 7 may hold their positions until elections for their respective board member positions are due for election in February, 2007.

Legislative History

(Act 2006-339, p. 851, Art. III, §2.)