§ 14-42-109 — Removal of elective or appointed officers

(a) (1) (A) If the mayor, member of the city council, or any other elective officer of any city of the first class or second class or incorporated town in this state shall wilfully and knowingly fail, refuse, or neglect to execute, or cause to be executed, any of the laws or ordinances within their jurisdiction, they shall be deemed guilty of nonfeasance in office. (B) (i) It shall be the duty of the circuit court of any county within which any officer may be commissioned and acting, upon indictment charging any such officer with nonfeasance in office, to hear and determine the charges. (ii) If, upon hearing, the charges are proved to be true, the court shall enter a judgment of record removing the guilty officer from office. (2) The council of any city or incorporated town may provide, by proper ordinance, for the removal of any appointive officer upon a majority vote of the council. (b) (1) Upon the entering of judgment as provided in subdivision (a)(1) of this section, the office of mayor shall become vacant. (2) (A) It shall be the duty of the clerk of the circuit court to immediately make out and deliver to the Governor a true and certified copy of the judgment. (B) Thereupon, it shall be the duty of the Governor to at once appoint and commission a mayor for the city or town to fill the vacancy until his or her successor is elected at the next regular election and qualified. (c) Any mayor so removed from office shall have the right of appeal to the Supreme Court. However, no appeal shall have the effect of suspending the judgment of removal of the circuit court. If the judgment is reversed, it shall have the effect of reinstating the officer to his or her office.

Legislative History

Amended by Act 2017, No. 260,§ 5, eff. 8/1/2017. Acts 1895, No. 54, §§ 1-4, p. 69; C. & M. Dig., §§ 7525-7527; Acts 1929, No. 115, § 1; Pope's Dig., §§ 9585-9587; A.S.A. 1947, §§ 19-919 -- 19-921.