Ken Smith Elected to Serve As ALM’S Fourth Executive Director Add Peace of Mind Write Or Call TODAY

The Alabama Municipal Journal July 2011 Volume 69, Number 1

Ken Smith Elected to Serve as ALM’s Fourth Executive Director Add PeAce of Mind Write or Call TODAY:

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2 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES

Workers Comp ad.indd 1 10/5/2009 10:20:03 AM The Alabama Municipal Table of Contents Photos from Convention 2011...... 4 Journal The Presidents’s Report ...... 5 Official Publication, Alabama League of Municipalities President’s Address June 27, 2011 July 2011 • Volume 69, Number 1 Municipal Overview ...... 7 OFFICERS Director’s Report - Convention 2011 THOMAS O. MOORE, Councilmember, Demopolis, President The Legal Viewpoint ...... 9 DAVID BRADFORD, Mayor, Muscle Shoals, Vice President KEN SMITH, Montgomery, Executive Director Tips for Preparing Municipal Ordinances CHAIRS OF THE LEAGUE’S STANDING COMMITTEES Opening Session Address...... 11 Committee on State and Federal Legislation Resolutions...... 15 DEBBIE QUINN, Councilmember, Fairhope, Chair SADIE BRITT, Councilmember, Lincoln,Vice Chair Legal Clearinghouse ...... 16 Committee on Finance, Administration and Ken Smith Named League’s 4th Executive Dir.... 27 Intergovernmental Relations DAVID HOOKS, Councilmember, Homewood, Chair Distinguished Service Awards...... 29 ADAM BOURNE, Councilmember, Chickasaw, Vice Chair Rep. Bill Dukes Honored ...... 31 Committee on Energy, Environment and Natural Resources DEAN ARGO, Councilmember, Prattville, Chair Minutes of the General Business Session...... 35 RUSTY JESSUP, Mayor, Riverside, Vice Chair More Photos from Convention 2011...... 38 Committee on Community and Economic Development PHIL SEGRAVES, Mayor, Guin, Chair NEWTON CROMER, Councilmember, Saraland, Vice Chair Committee on Transportation, Public Safety and Communication JEDDO BELL, Councilmember, Greenville, Chair GARY LIVINGSTON, Mayor, Eva, Vice Chair Committee on Human Development TAYNA RAINS, Councilmember, Dutton, Chair LEWIS WASHINGTON, Councilmember, Wetumpka, Vice Chair

The Alabama Municipal Journal is published monthly by the Alabama League of Municipalities, 535 Adams Avenue, Montgomery, Alabama 36104. Telephone (334) 262-2566. Website: www.alalm.org. Single copies, $2.00. By subscription, $24.00 per year. Advertising rates and circulation statement available at www.alalm.org or by calling the above number. Statements or expressions of opinions appearing within this publication are those of the authors On the Cover: and not necessarily those of the Alabama League of Municipalities. Publication of On June 27, 2011, Acting Executive any advertisement should not be considered an endorsement of the product or service involved. Material from this publication may not be reprinted without permission. Director Ken Smith was elected Executive Director by the voting delegates at the Editor: CARRIE BANKS League’s annual business session. He is Staff Writers: LORI LEIN, TRACY L. ROBERTS Graphic Design: KARL FRANKLIN only the fourth executive director to serve the Alabama League of Municipalities For a complete list of the ALM staff, visit www.alalm.org. since its inception in 1935.

Active Members (444) Abbeville, Adamsville, Addison, Akron, Alabaster, Albertville, Alexander City, Aliceville, Allgood, Altoona, Andalusia, Anderson, Anniston, Arab, Ardmore, Argo, Ariton, Arley, Ashford, Ashland, Ashville, Athens, Atmore, Attalla, Auburn, Autaugaville, Avon, Babbie, Baileyton, Baker Hill, Banks, Bay Minette, Bayou La Batre, Bear Creek, Beatrice, Beaverton, Belk, Benton, Berry, Bessemer, Billingsley, Birmingham, Black, Blountsville, Blue Springs, Boaz, Boligee, Bon Air, Brantley, Brent, Brewton, Bridgeport, Brighton, Brilliant, Brookside, Brookwood, Brundidge, Butler, Calera, Camden, Camp Hill, Carbon Hill, Carrollton, Castleberry, Cedar Bluff, Center Point, Centre, Centreville, Chatom, Chelsea, Cherokee, Chickasaw, Childersburg, Citronelle, Clanton, Clay, Clayhatchee, Clayton, Cleveland, Clio, Coaling, Coffee Springs, Coffeeville, Coker, Collinsville, Colony, Columbia, Columbiana, Coosada, Cordova, Cottonwood, County Line, Courtland, Cowarts, Creola, Crossville, Cuba, Cullman, Dadeville, Daleville, Daphne, Dauphin Island, Daviston, Dayton, Deatsville, Decatur, Demopolis, Detroit, Dodge City, Dora, Dothan, Double Springs, Douglas, Dozier, Dutton, East Brewton, Eclectic, Edwardsville, Elba, Elberta, Eldridge, Elkmont, Elmore, Emelle, Enterprise, Epes, Eufaula, Eutaw, Eva, Evergreen, Excel, Fairfield, Fairhope, Fairview, Falkville, Faunsdale, Fayette, Five Points, Flomaton, Florala, Florence, Foley, Forkland, Fort Deposit, Fort Payne, Franklin, Frisco City, Fulton, Fultondale, Fyffe, Gadsden, Gainesville, Gantt, Garden City, Gardendale, Gaylesville, Geiger, Geneva, Georgiana, Geraldine, Gilbertown, Glen Allen, Glencoe, Glenwood, Goldville, Good Hope, Goodwater, Gordo, Gordon, Gordonville, Goshen, Grant, Graysville, Greensboro, Greenville, Grove Hill, Gu-Win, Guin, Gulf Shores, Guntersville, Gurley, Hackleburg, Haleyville, Hamilton, Hammondville, Hanceville, Harpersville, Hartford, Hartselle, Hayden, Hayneville, Headland, Heath, Heflin, Helena, Henagar, Highland Lake, Hillsboro, Hobson City, Hodges, Hokes Bluff, Holly Pond, Hollywood, Homewood, Hoover, Hueytown, Huntsville, Hurtsboro, HyTop, Ider, Indian Springs, Irondale, Jackson, Jackson’s Gap, Jacksonville, Jasper, Jemison, Kansas, Kellyton, Kennedy, Killen, Kimberly, Kinsey, Kinston, LaFayette, Lake-view, Lanett, Langston, Leeds, Leesburg, Leighton, Lester, Level Plains, Lexington, Lincoln, Linden, Lineville, Lipscomb, Lisman, Littleville, Livingston, Loachapoka, Lockhart, Locust Fork, Louisville, Lowndesboro, Loxley, Luverne, Lynn, McIntosh, McKenzie, Madison, Madrid, Magnolia Springs, Malvern, Maplesville, Margaret, Marion, Maytown, Mentone, Midfield, Midland City, Midway, Millbrook, Millport, Millry, Mobile, Monroeville, Montevallo, Montgomery, Moody, Mooresville, Morris, Mosses, Moulton, Moundville, Mount Vernon, Mountain Brook, Mulga, Munford, Muscle Shoals, Myrtlewood, Napier Field, Natural Bridge, Nauvoo, Nectar, Needham, Newbern, New Brockton, New Hope, New Site, Newton, Newville, North Courtland, Northport, Notasulga, Oak Grove, Oak Hill, Oakman, Odenville, Ohatchee, Oneonta, Onycha, Opelika, Opp, Orange Beach, Orrville, Owens Cross Roads, Oxford, Ozark, Paint Rock, Parrish, Pelham, Pell City, Pennington, Perdido Beach, Phenix City, Phil Campbell, Pickensville, Piedmont, Pike Road, Pinckard, Pine Apple, Pine Hill, Pine Ridge, Pinson, Pisgah, Pleasant Grove, Pleasant Groves, Pollard, Powell, Prattville, Priceville, Prichard, Providence, Ragland, Rainbow City, Rainsville, Ranburne, Red Bay, Red Level, Reece City, Reform, Rehobeth, Repton, Ridgeville, Riverside, Riverview, Roanoke, Robertsdale, Rockford, Rogersville, Rosa, Russellville, Rutledge, Saint Florian, Samson, Sand Rock, Sanford, Saraland, Sardis City, Satsuma, Scottsboro, Section, Selma, Sheffield, Shiloh, Shorter, Silas, Silverhill, Sipsey, Skyline, Slocomb, Smiths Station, Snead, Somerville, South Vinemont, Southside, Spanish Fort, Springville, Steele, Stevenson, Sulligent, Sumiton, Summerdale, Susan Moore, Sweet Water, Sylacauga, Sylvan Springs, Sylvania, Talladega, Talladega Springs, Tallassee, Tarrant, Taylor, Thomaston, Thomasville, Thorsby, Town Creek, Toxey, Trafford, Triana, Trinity, Troy, Trussville, Tuscaloosa, Tuscumbia, Tuskegee, Twin, Union, Union Grove, Union Springs, Uniontown, Valley, Valley Grande, Valley Head, Vance, Vernon, Vestavia Hills, Vina, Vincent, Vredenburgh, Wadley, Waldo, Walnut Grove, Warrior, Waterloo, Waverly, Weaver, Webb, Wedowee, West Blocton, West Jefferson, West Point, Westover, Wetumpka, Wilsonville, Wilton, Winfield, Woodland, Woodstock, Woodville, Yellow Bluff, York. 2011 Annual Convention Huntsville, AL

4 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Councilmember Thomas O. Moore • Demopolis

President’s Address Monday June 27, 2011 Annual Convention President’s Banquet

s I take office tonight, I want to echo what Mayor you tonight. Murphy said on Saturday during the Opening My sincere gratitude goes out to Mayor Mike Grayson, ASession: our prayers are with the communities the members of the Demopolis City Council and our that were devastated by the epic tornadoes on April 27th, outstanding city staff for their hard work and devotion and the League is solidly behind our municipalities as to our community. They work together to ensure the well the rebuilding process begins. I also commend the City being of our hometown and I sincerely appreciate their of Huntsville and the League staff for their efforts to efforts and their support of me in this leadership role with reschedule our convention. Clearly the additional work and the League. coordination paid off. I’d also like to thank Mayor Tommy Battle, members Thank you for the tremendous honor you have given me, of the Huntsville City Council and their spouses and staffs my family and my community this evening. I am extremely for the genuine hospitality shown to all our delegates proud to accept the gavel of the office of President of the during this year’s convention. I congratulate Mayor Battle and the Huntsville City Council for their hard work and a Alabama League of Municipalities and will do my best to job well done. live up to the trust and confidence you have placed in me. Serving next to Mayor Charles Murphy this past year Over this next year, I pledge to work diligently to maintain was an honor and a privilege. Charles is a skilled yet your faith in my abilities and to meet your expectations of this humble leader and has provided an excellent example for respected office. me to follow. I’m sure that each of you will join me in There are several people I’d like to thank this evening. thanking him for his willingness to always do more than Without their support, I wouldn’t be standing before what was expected. I’ll strive to match his dedication to our fine organization. I’d also like to thank Johnny Ford, former mayor of Tuskegee. In 1989, Johnny became the League’s first African-American president and, in many ways, his year as president opened a door for diversity within this organization. Without his service and contributions to the League, I might not be standing before you today. I also want to thank Councilmember Don Moore of Uniontown. Don has been an excellent colleague and a very good friend. He’s always supported and encouraged me and I truly appreciate his efforts on my behalf. Last, but certainly not least, I thank my wonderful family and especially my wife, Charlie, for all they have done for me during my years in public service, and for always accepting the course that I was traveling and providing encouragement the entire way. It hasn’t always Immediate Past President, Mayor Charles Murphy of been an easy journey, but they’ve always supported me and Robertsdale, (left) passes the gavel to newly-elected League I wouldn’t be standing in front of you now without their President, Councilmember Thomas Moore of Demopolis. love and support. continued on page 8

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6 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Municipal Overview Ken Smith • Executive Director

Director’s Report Annual Convention • June 27, 2011

t’s been 13 months since we last met in convention in offices. In Washington, the U.S. House of Representatives has Mobile. Over that time, our state – in fact, our nation a Republican majority and a Republican House Speaker. The I–witnessed one of the worst natural disasters ever as Democratic majority in the U.S. Senate is less than last year. tornados ripped through Alabama on April 27, just three days before our annual convention was originally scheduled to League Committees begin. The damage resulting from these tornados left us with The Executive Committee, presided over by our President, no choice but to postpone the convention until the present time. Mayor Charles Murphy of Robertsdale, with able assistance I want to commend the City of Huntsville for their assistance from our Vice President, Councilmember Thomas Moore of and foresight in helping us make an early decision to cancel the Demopolis, met three times this year and dealt with a number convention and then for helping us reschedule quickly. of issues. I would like for members of the Executive Committee Mayor Tommy Battle, the Huntsville City Council and to stand and be recognized. Huntsville employees are due our deep-felt gratitude for The League Committee on State and Federal Legislation making this a great convention, especially under the unique led by its Chair, Council Member Debbie Quinn of Fairhope, circumstances. and its Vice Chair, Council Member Sadie Britt of Lincoln, met I also want to thank the League staff for the tremendous in January and developed the League’s Legislative Package for efforts they made in notifying the attendees, vendors, sponsors 2011. I would like the members of this committee to stand and and others regarding the cancellation and for working diligently be recognized for their hard work. to reschedule the convention. The few minor changes in our Our five policy committees met on separate days at League schedule that the postponement required are a testament to their Headquarters in Montgomery last summer to hear resource ability and hard work. It took a team effort, and I hope you will advisors speak on issues of importance to the committee. join me in thanking them for what they did to make this happen. Following the presentations, the committee members revised We recognize that it will take many years for the their respective policy statements, which will be presented municipalities that were struck to recover, and that they will for your approval this afternoon. This Polices and Goals never truly be the same. We continue to keep those who lost document is very important as it is used to guide your League their lives or are still suffering from the devastation caused by staff throughout the year and to assist the Committee on State these storms in our prayers. The League will continue to work and Federal Legislation when it meets each year to develop with these communities and state and federal officials to ease the League’s legislative package. I want to personally thank their recovery. our Committee chairs and vice chairs for their leadership and As you know, former Executive Director Perry Roquemore hard work. I also want to thank all the officials who served on made the difficult decision to retire this year after being our committees this year for their valuable input. Would all part of the League family for 37 years. Perry’s remarkable officials who served on League policy committees this year longevity and service to this organization will be recognized please stand so that we can all applaud you for your efforts? further this evening at a reception in his honor. I hope you will As I like to do each year, I would encourage any of you who make plans to attend and express your thanks for what Perry did not serve on a League committee this past year to let us has accomplished. I have been proud to have worked with know if you would like to serve. We would love to have your and helped Perry for 25 years, since the day he first became involvement and ideas. Executive Director. Since the Mobile convention, the political landscape in our NLC Activities state and nation has changed significantly. Alabama now has a The Alabama League of Municipalities continued to be well Republican State House of Representatives, a Republican State represented at NLC meetings and activities during the past year. Senate and Republicans also hold most State constitutional The National League of Cities Congress of Cities was held in continued on page 32

ALABAMA MUNICIPAL JOURNAL • July 2011 7 President’s Report continued from page 5 I look forward to working with Vice-President David personnel on a variety of important topics, representing Bradford over the next year. I congratulate you on your and protecting municipal government at the State House election and I’m very pleased to have the opportunity to or providing legal advice, our League has been the most work with you. steadfast resource available to municipalities for the past This moment is somewhat bittersweet for me because 76 years. I’m stepping into the role of League President as Perry Thanks to the Alabama League of Municipalities – and Roquemore retires. Like many of you, I’ve known Perry especially to Perry Roquemore for his leadership – our my entire elected career and highly respect his wisdom and cities and towns have access to superior services including accomplishments. Perry’s contributions to this organization municipal insurance programs, comprehensive educational are too numerous to cover but I think we would all agree training for municipal officials and outstanding legislative that he’s been much more than our Executive Director; and legal representation. he’s been our friend. And while it’s always difficult to say I pledge to you tonight that I will work closely with goodbye to a valued friend, Perry has earned our respect Ken Smith and the League’s exceptional staff as we move and admiration. He’s also definitely earned his retirement! All of us owe a great deal of gratitude to Perry and forward with our fourth executive director in the League’s his staff. Their guidance and expertise make our jobs as 76-year history. For now, however, I want to sincerely municipal officials less difficult. Since its inception in thank Perry Roquemore for all he’s done for us. We are, 1935, the Alabama League of Municipalities has been an indeed, blessed. association dedicated to serving its membership. Our staff Again, I look forward to working with you as League truly understands the importance of member service and President and I urge you to continue to look to the League strives every day to provide our cities and towns with the for guidance and educational opportunities. best information and representation possible. Thank you and may God continue to bless our Whether it’s through training elected officials and municipalities and the great state of Alabama! n Mayor David Bradford Elected Vice President of The Alabama League of Municipalities

On June 27, Mayor David Bradford of Muscle Shoals was elected by his municipal colleagues to serve as Vice President of the Alabama League of Municipalities for 2011-2112. He was elected and took office during the League’s annual convention, which was held in Huntsville June 25 through June 28. Prior to being elected mayor of Muscle Shoals in 2000, Mayor Bradford served as the Assistant Chief of Police. He is a 27-year veteran of the Police Department and received an appointment and graduated from the FBI National Academy. He was the recipient of three commendations and one Governors Life Saving Commendation during his career. In 2002 he received the University of North Alabama Political Service Award and the Shoals Chamber of Commerce Leadership Award. He currently serves on the League’s Executive Committee and has received the League’s Basic and Advanced CMO designation. In addition, he serves on the Alabama Municipal Insurance Corporation (AMIC) board of directors, is a member of the North Alabama Mayors Association and is chair of the Northwest Alabama Council of Local Governments.

8 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES By Lori Lein General Counsel

Tips for Preparing Municipal Ordinances

rdinances are adopted by municipalities to It is important to always keep in mind that Alabama protect public health, safety and welfare by municipalities can only adopt ordinances on topics for which Oregulating people, property and businesses. state law gives express or implied authority to do so and any Under Alabama law, if a regulation adopted by a municipality ordinances adopted by a municipality must be consistent with is permanent in nature and applies generally throughout state and federal law. It is recommended that a municipality the municipality then it must be formally adopted as an state the authority they are using to adopt an ordinance and ordinance. In contrast, a municipality would adopt a describe its purpose. This can be included as an introductory resolution if the regulation is not general and permanent section of the ordinance. in nature but is more of an administrative regulation such as approval of municipal contracts or a municipal Use of sample ordinances: personnel policy. Sample ordinances may be a good starting point for This brief article outlines some basic considerations drafting an ordinance, but always remember that research to keep in mind when preparing ordinances. For more and revisions may be necessary before adopting an ordinance information on preparing ordinances please see the article that was adopted by another Alabama municipality. Be very titled “Drafting Ordinances in Plain English” in the Selected careful when using sample ordinances that are more than a Readings for the Municipal Official (2008 ed.) beginning few years old as they may be outdated due to new laws or on page 73. court decisions that have been passed or decided since the ordinance was originally passed. Likewise, be cautious when Types of Ordinances: using sample ordinances from other states because they may Ordinances are normally classified under four general be based on laws that are different from Alabama law. types: (1) Police ordinances are enacted by virtue of It is also important to be cautious of “model ordinances” the police power and prescribe penalties for specific promoted by special interest groups other than municipal commissions and omissions; (2) Franchise or contract organizations such as Municipal leagues, the National ordinances grant franchises or special privileges; (3) Public improvement ordinances provide for public works; and (4) League of Cities and the International Municipal Lawyers Administrative ordinances guide and regulate municipal Association. Other than these municipal organizations, many officers and businesses. of the special interest groups do not have the municipality’s General ordinances have an obligatory force on the entire best regulatory interests in mind when drafting their community and upon the administration of the municipal model ordinances. government. Ordinances are special ordinances when they grant special privileges, provide for public works or Use clear and simple language: improvements or authorize officials to do certain acts on One of the goals of any ordinance is to let the people behalf of the city. and businesses being regulated understand what actions Ordinances are further classified as penal or non- are required or prohibited. Try to use short sentences with penal. A penal ordinance imposes a fine or imprisonment plain language that any average person can understand. for violation. An example of a non-penal ordinance is one Avoid the temptation to choose language simply because providing for the construction of public improvements. it sounds more “official.” For example, instead of using

ALABAMA MUNICIPAL JOURNAL • July 2011 9 the words “prior to” use the word “before,” and instead of In municipalities of 12,000 or more, general and using the word “cease” use the word “stop.” Some other permanent measures must be approved by a majority of the points to remember: members elected to the council, not merely a majority of a • Use the active voice instead of the passive voice. quorum or a majority of those voting. The measure is then sent For example, instead of stating: “when the forms have to the mayor who may either veto the ordinance or approve it been submitted, a hearing will be set,” state “when you according to law. The mayor may generally only veto general submit the forms a hearing will be set.” and permanent measures, not administrative matters. • Define words carefully and often to avoid conflicts In municipalities of less than 12,000, an affirmative vote over interpretations of words. of a majority of the whole number of members of the council to which the municipality is entitled, including the mayor, is • Avoid using cross-references because they are required to enact any ordinance of permanent operation. This confusing. consent should be shown by a yea-and-nay vote and entered on the minutes of the municipality. General and permanent • Separate different topics into different sections and use descriptive headings. Doing this will help should ordinances must then be published or posted according to law you ever need to amend the ordinance because state law to become effective. allows you to amend an ordinance by section rather than having to amend the entire ordinance. Seek advice of city or town attorney: We recommend that you have your city or town attorney • Use maps and drawings to clarify regulations when directly involved in the process of preparing and passing helpful. For example, it is easier for most people to ordinances. It is vital that this be done before you adopt an understand what a cul-de-sac is by looking at a drawing ordinance. A legal review is important because of potential rather than reading a wordy definition of one. legal and constitutional issues an ordinance may present. For Cautiously preserve discretion: example, zoning and nuisance ordinances impact individual An ordinance generally should not require municipal property rights and parade and sign ordinances impact employees or officers to take specific actions, but instead individual free-speech rights. Paying your attorney to review should regulate the conduct of residents and businesses. proposed ordinances or assist in drafting them up front is far Sometimes, however, it is necessary to outline certain actions less expensive than defending a lawsuit that could have been taken by municipal employees and officials. Keep in mind avoided. that a city could face liability if its employees and officers For more information about ordinances please look fail to perform actions specified in an ordinance as mandatory to the Selected Readings for the Municipal Official rather than discretionary. For example, consider using the (2008 ed.). Sample ordinances on some issues relating to word “may” for action to be taken by an employee rather municipal government can be obtained from the Alabama than “must” or “shall.” It is easier to defend a discretionary League of Municipalities. n action rather than a mandatory action that wasn’t taken. Use caution, however, when vesting complete discretion in an employee or official. Ordinances have been condemned which vest arbitrary discretion in public employees or officials without prescribing a uniform course of conduct League Publications or standard of rules to guide officials. If no standards are imposed to control the officials, the ordinance is suspect. This is true in cases where the ordinance refers to the rights of persons, rights of dominion over property or the business For more information about of individuals. Selected Readings for the Municipal Officials (2008 ed.) and the League’s other Comply with procedural requirements: valuable resource publications Under Alabama law, an ordinance of general and visit our website: permanent operation may not be passed at the same meeting it is introduced unless unanimous consent of those present is given for its immediate consideration and then only if, on www.alalm.org/PublicationsVideosSoftware.html final passage, the ordinance receives the affirmative votes necessary for passage.

10 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Opening Session Address of the 2011 League Annual Convention

By Mayor Charles Murphy, Robertsdale Immediate Past President ouncilmember welcomed us with open arms. We’re Moore, Mayor Battle, all looking forward to the Reception CCouncilmember Mitchell, at the Space and Rocket Center this Ladies and Gentlemen, I am humbled evening as well as the opportunity to to stand before you this afternoon for spend several days communing and the Opening Session of our 2011 annual learning with our colleagues in your convention – a convention we weren’t outstanding city. sure would happen following the I also want to commend the catastrophic tornadoes that slammed League’s staff for mobilizing quickly through Alabama two days before the to notify registrants that the convention League staff was to travel to Huntsville had been postponed and for taking to set up for the original schedule. the necessary steps to ensure our On Wednesday, April 27th, many rescheduled event was as close to the of our municipalities – our neighbors original plan as possible. … our friends … our families – were Certainly our prayers remain irrevocably changed when at least 60 with the communities that have been tornadoes ravaged the northern two irreversibly changed by the epic thirds of our state – obliterating homes, tornadoes, and the League is solidly businesses and lifestyles and killing behind our municipalities as the more than 240 people. The devastation rebuilding process begins. In fact, caused by these tornadoes was beyond unprecedented; the Alabama Municipal Insurance Corporation, which was it was epic. founded by the League in 1989 and on whose board I serve, The Alabama Department of Insurance estimates insures many of the affected municipalities. insured losses range between $1.9 and $2.6 billion. The AMIC’s response was immediate, and I commend colossal EF-5 monster that obliterated parts of Marion this fine organization for its outstanding efforts following County destroyed nearly 75 percent of the Town of one of the state’s worst natural disasters. Within 24 hours, Hackleburg as well as significant portions of Phil Campbell. claims adjustors and underwriters were phoning, emailing In Tuscaloosa, where an EF-4 tornado pulverized 6.5 square and visiting decimated areas. Statewide, AMIC received miles – taking out the City’s EMA and environmental claims from 68 members and, as of June 1st, had distributed services facility as well as a the city’s main communications nearly $14 million in response to those claims. A total dollar tower its east police precinct and a fire station – the Army amount for the damage to structures insured through AMIC Corp of Engineers estimates nearly 2 million cubic yards is still being determined; however, this outstanding League of debris – enough to fill Bryant Denny Stadium organization remains committed to insuring the future of six times. Alabama’s municipalities. Nearly a million people were without power following Because our convention had to be postponed – this epic tornado outbreak, including most of Huntsville, something that has only happened one other time in the our which didn’t have full power until several days later. organization’s history when the League’s first executive Needless to say, the League had no choice but to postpone director, Ed Reid, died just prior to convention in 1965 – our convention until now. the League’s Executive Committee held a special meeting Mayor Battle, I want to personally thank you, the on May 26th to name Deputy Director Ken Smith acting Huntsville City Council and your staff for working so executive director following Perry Roquemore’s retirement diligently to reschedule our annual convention. I know your on May 31st. Ken, who has been with the League for 25 years, city has been dealing with significant and overwhelming will become executive director by vote of the membership circumstances since April 27th, and yet you’ve still during Monday’s annual business session. continued on page 13 ALABAMA MUNICIPAL JOURNAL • July 2011 11

Opening Session Address continued from page 11 Also during that meeting, I resigned as League President the unprecedented destruction from the April tornadoes. This and Vice President Councilmember Thomas Moore of means our cities and towns remain particularly vulnerable. Demopolis became interim president. I wanted to make sure As locally elected officials, we not onlysee the impact Councilmember Moore did not miss any of his year-long of deficient revenues; weexperience it right along with our term as League president because the convention had to be citizens. Therefore, it is more vital than ever that we work postponed. I also want to thank Thomas for representing with our League to uphold municipal rights while guarding us as our League Vice President this past year. He is a against legislation that would hinder our ability to maintain focused, driven and dedicated elected critical services in our communities. official. The citizens of Demopolis We must be especially vigilant in are fortunate to have him on their protecting our communities from leadership team and I’m fortunate to unfunded mandates – a threat that call him my friend. looms larger and larger on both the This has also been an unprecedented state and federal horizons. year in Alabama politics. When the In every session of the Alabama Alabama Legislature was called into Legislature since 1935, the League Special Session this past December, of Municipalities has served as the it convened with a Republication champion of municipal interests and majority for the first time in 136 years. repeatedly demonstrated that the Members of the House and Senate unified voices and collective actions then passed unparalleled ethics reform of dedicated municipal officials are – making Alabama’s new rules some a compelling force in articulating the of the most stringent in the nation. concerns, solving the problems and The new ethics laws affect achieving the goals of its member every elected official as well as Huntsville Mayor Tommy Battle welcomes municipalities. This is a legacy we many people who work for and ALM delegates at the Opening Session. MUST continue as we strive to keep with state and local government. or cities and towns solvent. Jim Sumner and Hugh Evans of the Alabama Ethics As you well know, the League staff continually monitors Commission will be with us Tuesday morning to discuss legislative issues. Several times this past session you received the new laws and what we as locally elected officials urgent legislative email alerts asking you to respond quickly need to know. I encourage each of you to attend that to a particular issue. Your phone calls to your representatives important session! absolutely made a difference and I The Regular Session of the Alabama encourage you to continue to respond Legislature convened on March 1st immediately to alerts sent by the League. and, folks, it was not business as If you’re not on the League’s blast usual. In fact, the legislative process email list, please notify a League staff moved at warp speed, and our staff – member and you’ll be added to the list particularly Greg Cochran, our Director after convention. of Intergovernmental Relations – worked As municipal officials we know long hours to keep pace with it. better than anyone the extreme economic I’m pleased to report our efforts challenges faced by our cities and towns. this session resulted in the passage of These challenges will become even six League bills – one, in particular, the more difficult as our state and federal publication of municipal ordinances, was a bill we’ve sought governments struggle to identify nonexistent funds – most to pass for several years. We also passed bills for annexation likely by making decisions that will adversely affect validation, competitive bid law, codification of municipal our already compromised municipal budgets. Even so, I ordinances, reduction of ADEM penalties and appropriation congratulate my municipal colleagues for already taking for SRF funding while managing to block several bills that up the challenges of streamlining your budgets and finding would have been dangerous to municipal government. creative ways to do more with less. Thanks to our municipal Unfortunately, the state and educational budgets continue belt-tightening, our city budgets are, for the most part, in to point to a bleak forecast for Alabama, especially following much better shape than the state.

ALABAMA MUNICIPAL JOURNAL • July 2011 13 As the elected officials closest to the community, we organization and this year we acknowledged yet another must continue to transcend political quagmires and become milestone when our executive director, Perry Roquemore, innovative in dealing with challenges such as unfunded retired on May 31st after 37 years of service. Perry was mandates. We must remain energetic and vigilant. We must only the third person in the history of the Alabama League educate our citizens. Municipal officials are the first to be held of Municipalities to serve as its executive director. That, accountable because we truly represent government at ladies and gentlemen, is significant. It’s a clear indicator of its very foundation. strong, effective leadership. Perry was hired as the League’s staff attorney in Thankfully, our League of Municipalities understands 1974 and became executive director at the 1986 League our unique challenges and will continue to provide us with Convention following the retirement of John Watkins. Under invaluable guidance and support. In fact, this past January Perry’s leadership, additional League member programs the League launched a completely redesigned website – an have been created, including the Alabama Municipal updated, streamlined version that makes it much easier to Insurance Corporation, the Alabama Municipal Funding find relevant, timely information. Corporation and the extremely popular Certified Municipal The launch of this superior new site followed a six- Official (CMO) program, which was only the second such month research and design process. The League initially program in the country when it was established in 1994. In planned to hire an outside vendor for the new design addition, a Loss Control Department was developed, the and structure; however, after receiving exorbitant quotes League headquarters building was expanded and the League from several providers, it was decided there was enough staff has tripled. talent and ability on staff to muscle through the process. Perry’s legacy also consists of many key legislative Congratulations to the League’s Communications and IT accomplishments, including passing legislation which Departments for taking on the significant challenge of provided financial enhancement for all municipalities creating a user friendly, visually impressive website that through the oil and gas trust interest payments; the passing features information on all the League’s services as well as of the revolving loan fund for wastewater improvement; and a Municipal Directory searchable by city, mayor, city clerk, many other critical state bills to support revenues streams class, legislative district, county and population. for cities and towns. Throughout his tenure with the League, Last year we celebrated the 75th anniversary of our fine Perry has been a front-line protector of municipal rights continued on page 26

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Cash Receipting | Integrated Hardware: cash drawer, receipt printer, bar code scanner | www.blackmountainsoftware.com Resolutions Adopted at the 2011 Convention

RESOLUTION NO. 1 RESOLUTION NO. 6 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, that Huntsville, Alabama, on this the 27th day of June, 2011, that they they express their deep appreciation to Mayor Tommy Battle thank the leadership of the Alabama House of Representatives and members of the Huntsville City Council and their spouses, for supporting League legislation and assisting the League and their respective staffs for their hospitality and assistance when possible during the legislative process, namely: Mike in planning and promoting this convention, and for their help Hubbard, Speaker of the House; Victor Gaston, Speaker Pro in the daily operation of a very successful convention. Their Tem; Micky Hammond, Majority Floor Leader; Craig Ford, work and dedication has made this year’s convention extremely Minority Floor Leader; Blaine Galliher, Committee on Rules successful and enjoyable. Chair; and Steve McMillan, Committee on County & Municipal Government Chair. BE IT FURTHER RESOLVED, by the Delegates of the RESOLUTION NO. 2 Alabama League of Municipalities in Convention assembled in BE IT RESOLVED by the Delegates of the Alabama Huntsville, Alabama, on this the 27th day of June, 2011, that they League of Municipalities in Convention assembled in th thank the House Members who sponsored League legislation: Huntsville, Alabama, on this the 27 day of June, 2011, that Representatives Jack Williams, Dan Williams, Marcel Black, they express their deep appreciation to Councilmember Mack Barry Mask, Steve Clouse, Chris England and Rod Scott Arthur Bell of Roanoke for leading the Sunday morning prayer service during our convention. RESOLUTION NO. 7 BE IT RESOLVED by the Delegates of the Alabama RESOLUTION NO. 3 League of Municipalities in Convention assembled in BE IT RESOLVED by the Delegates of the Alabama League Huntsville, Alabama, on this the 27th day of June, 2011, that of Municipalities in Convention assembled in Huntsville, they do wish to thank the leadership of the Alabama Senate Alabama, on this the 27th day of June, 2011, that they express their for supporting League legislation and for assisting the League deep appreciation to James E. Mitchell, Jr., Councilmember, when possible during the legislative process, namely: Kay Charlotte, NC and President, National League of Cities for Ivey, President of the Senate; Del Marsh, Senate President his address during the Opening Session on Saturday afternoon Pro Tem; Jabo Waggoner, Majority Floor Leader; Gerald Dial, of our convention. Majority Floor Whip; Roger Bedford, Minority Floor Whip; Scott Beason, Committee on Rules Chair; and Jimmy Holley, RESOLUTION NO. 4 Committee on Governmental Affairs Chair. BE IT RESOLVED by the Delegates of the Alabama League of BE IT FURTHER RESOLVED, by the Delegates of the Municipalities in Convention assembled in Huntsville, Alabama, Alabama League of Municipalities in Convention assembled th on this the 27th day of June, 2011, that they do thank Governor in Huntsville, Alabama, on this the 27 day of June, 2011, that Robert Bentley for his address during the Monday luncheon they do thank the Senators who sponsored League legislation: of this convention. Senators Scott Beason, Dick Brewbaker, Cam Ward, Bill Holtzclaw, Linda Coleman, Del Marsh, Jabo Waggoner and Jimmy Holley. RESOLUTION NO. 5 BE IT RESOLVED by the Delegates of the Alabama RESOLUTION NO. 8 League of Municipalities in Convention assembled in th BE IT RESOLVED by the Delegates of the Alabama League Huntsville, Alabama, on this the 27 day of June, 2011, that of Municipalities in Convention assembled in Huntsville, they sincerely thank the Alabama Congressional Delegation, Alabama, on this the 27th day of June, 2011, that they do wish namely Congressman Jo Bonner, Congresswoman Martha to thank the lobbyists representing Atmore, Brewton, Center Roby, Congressman Michael Rogers, Congressman Robert Point, Dothan, Foley, Gulf Shores, Huntsville, Jackson, Jasper, Aderholt, Congressman Mo Brooks, Congressman Spencer Mobile, Montgomery, Orange Beach, Pike Road, Thomasville Bachus, Congresswoman Terri Sewell, Senator Richard Shelby and Tuscaloosa for supporting League legislation and providing and Senator Jeff Sessions for their interest in promoting the invaluable assistance to the League when possible during the affairs of Alabama municipalities in the Congress of the United legislative process, namely: Hal Bloom, Allen Sanderson, States. We urge them to continue the spirit of unity which Martin Christie, Greg Jones, Beth Marratta Lyons, Joe Vallely prevails in our Congressional Delegation. and Mark Gaines. continued on page 18

ALABAMA MUNICIPAL JOURNAL • July 2011 15 LEGAL CLEARINGHOUSE

NOTE: Legal summaries are provided within this column; liable under the workers’ compensation act for a subsequent however, additional background and/or pertinent information injury sustained by a worker, the trial court must determine will be added to some of the decisions, thus calling your whether the second injury is a new injury, an aggravation of attention to the summaries we think are particularly significant. a prior injury, or a recurrence of an old injury. If the second We caution you not to rely solely on a summary, or any other injury is characterized as a recurrence of the first injury, then legal information, found in this column. You should read each the first insurer is responsible for the medical bills, but, if the case in its entirety for a better understanding. injury is considered an aggravation of the first injury, then it is considered a new injury and the employer at the time of the ALABAMA COURT DECISIONS aggravating injury is liable for the medical bills and disability Arrests: A person’s refusal to obey a police officer’s payments. Water Works Bd. of City of Birmingham v. Isom, 56 commands to stop talking to detained offenders, coupled So.3d 659 (Ala.Civ.App.2010) with his shouting at the officer, did not include the physical Worker’s Compensation: An authorized treating interference necessary to support the charge of Obstruction of physician had implied authority to refer a city employee to Governmental Operations. Oral outbursts were words alone a neurosurgeon for treatment, even though the city had not rather than words coupled with actions sufficient to amount expressly authorized the treating physician to make the referral. to physical interference. Under the express provisions of the The employer may not limit the power of a selected physician to statute, the interference would have to be, in part at least, refer an employee for reasonably necessary medical treatment physical in nature. D.A.D.O. v. State, 57 So.3d 798 (Ala.Crim. and may not deny such a referral on the basis that the referral App.2009) had not been previously expressly authorized by the employer. Courts: Although a probationer does not have an Ex parte City of Prattville, 56 So.3d 684 (Ala.Civ.App.2010) unqualified right to counsel at a probation revocation hearing, it is incumbent upon the sentencing court to determine whether UNITED STATES COURT DECISIONS AFFECTING the probationer has such a right before revoking his probation. ALABAMA Dean v. State, 57 So.3d 169 (Ala.2010) Immigration: The provision of Arizona’s unauthorized Gambling: The Governor acted consistently with his alien employment law, which authorized state courts to suspend constitutional authority in creating the Governor’s Task Force or revoke an employer’s business licenses if that employer on Illegal Gambling and appointing a special prosecutor as knowingly or intentionally employed an unauthorized alien, its commander. The governor took the position that the term was not impliedly pre-empted for conflicting with federal law. “bingo” as used in local constitutional amendments authorizing Chamber of Commerce of U.S. v. Whiting, --- S.Ct. ----, 2011 charitable bingo games referred to the game traditionally known WL 2039365 (U.S.2011) as bingo, he asserted there were electronic gaming devices Searches and Seizures: Under the exigent in the state that no reasonable observer could assert to be the circumstances rule, warrantless entry to prevent the destruction ordinary game of bingo, and for a substantial period of time of evidence is reasonable and thus allowed, where the police neither the attorney general nor the district attorney for the area did not create the exigency by engaging or threatening to where the devices were located had made any effort to enforce engage in conduct that violates the Fourth Amendment. In criminal laws against gambling devices. Riley v. Cornerstone determining whether a police-created exigency has negated Community Outreach, Inc., 57 So.3d 704 (Ala.2010) the reasonableness of a warrantless entry based on exigent Miranda: Once Miranda warnings have been given circumstances, the court considers objective factors, not the and a waiver made a failure to repeat the warnings before a subjective intent of police officers. Any warrantless entry based subsequent interrogation will not automatically preclude the on exigent circumstances must be supported by a genuine admission of the inculpatory response. Whether Miranda exigency. Kentucky v. King, 131 S.Ct. 1849 (U.S.2011) warnings should be given before each interrogation must Tort Liability: A decision of a federal district court judge depend upon the circumstances of each case. The length of time is not binding precedent in either a different judicial district, and the events which occur between interrogations are relevant the same judicial district, or even upon the same judge in a matters to consider. Ex parte Landrum, 57 So.3d 77 (Ala.2010) different case. No mere dictum however, a constitutional ruling Worker’s Compensation: In applying the last-injurious- preparatory to a grant of immunity creates law that governs exposure rule to determine which of multiple employers is the official’s behavior and may invite future lawsuits or deter

16 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Tracy L. Roberts Deputy General Counsel

the use of practices that have been to be eligible for assistance from the Forestry declared illegal. A decision that a Commission. Further, to be classified as a government official violated a person’s volunteer fire department under Section 9-3-17, there constitutional right, but that the official is must be no less than 80 percent unsalaried membership in the entitled to qualified immunity because the department. AGO 2011-064 n right was not clearly established, is reviewable in the Supreme Court at the behest of an immunized official, as an exception to the general rule that, as a matter of practice and prudence, the Court declines to consider cases at the request of a prevailing How often should financial reports be provided party. Camreta v. Greene, --- S.Ct. ----, 2011 WL 2039369 to the council? (U.S.2011) DECISIONS FROM OTHER JURISDICTIONS F.A.Q. Searches and Seizures: The question of whether consent The Clerk shall keep such accounts as may be necessary to a search was in fact “voluntary” or was the product of duress to show the financial condition of the municipality and of or coercion, express or implied, is a question of fact to be each department thereof at all times. See Section 11-43- determined from the totality of all the circumstances. When 102, Code of Alabama 1975. A Treasurer must make a report government agents seek an individual’s cooperation with a once a month, or more often if required by the council, of government investigation by misrepresenting the nature of the financial condition of the account of each department that investigation, this deception is appropriately considered authorized to draw on the treasurer and shall make a as part of the totality of circumstances in determining whether quarterly statement, under oath, of the financial condition consent was gained by coercion or duress. A court should be of the city or town to the council. See Section 11-43-120, Code of Alabama 1975. especially cautious when this deception creates the impression As chief executive, the Mayor must present a written that the defendant will be in physical danger if he or she refuses statement to the council at least once every six months to to consent to the search. U.S. v. Harrison, --- F.3d ----, 2011 th show the financial condition of the city or town – particularly WL 1782961 (10 Cir.2011) the temporary floating indebtedness of the municipality and the purpose for which this temporary debt was incurred ATTORNEY GENERAL’S OPINIONS and proposals to protect the credit of the city or town. The Ad Valorem Taxes: Residential real property owned Mayor shall require reports to be made to him by any officer by a limited liability company (“LLC”) is never entitled to a of the city or town at such times as he may direct or as may homestead exemption in the name of the LLC. An individual be prescribed by the council in order to facilitate supervision occupant of the subject property, however, may be entitled to of the activities of the various departments and officials of the exemption if occupancy arises from a valid, arms-length the municipality and to assist the mayor in making reports executory sales agreement between the individual occupant to the council. See Section 11-43-84, Code of Alabama 1975. and the LLC. AGO 2011-065 At least once a year, the mayor must appoint an Motor Fuel Marketing Act: A retail store’s purchase of accountant to make a detailed examination of all books gasoline for the customer at the full pump price, in exchange for and accounts of the city or town to cover the period since the purchase of a qualifying amount of goods, does not violate the preceding examination and make a full report thereof, the Motor Fuel Marketing Act. AGO 2011-062 in writing, under oath to be submitted to the council at its Volunteer Fire Departments: Firefighters in a Fire first meeting after the completion of the report. The audit Protection District may not perform routine traffic control in report shall be spread upon the minutes of the council. nonemergency circumstances. AGO 2011-061 See Section 11-43-85, Code of Alabama 1975. A town Volunteer Fire Departments: To be certified as a volunteer cannot waive the requirement of a yearly audit and at fire department by the Alabama Forestry Commission, an entity least once a year the town must secure an audit and pay must meet the requirements that are set forth in Section 9-3- an agreed upon sum for the services rendered by either 17, Code of Alabama. Specifically, fire departments seeking the Department of Examiners of Public Accounts or an volunteer certification must be an incorporated nonprofit independent auditor. AGO 2010-068 organization or an authority sanctioned by a legal subdivision

ALABAMA MUNICIPAL JOURNAL • July 2011 17 RESOLUTION NO. 9 League of Municipalities in Convention assembled in BE IT RESOLVED by the Delegates of the Alabama Huntsville, Alabama, on this the 27th day of June, 2011, that League of Municipalities in Convention assembled in they express their thanks to the participants on the Municipal Huntsville, Alabama, on this the 27th day of June, 2011, that Clerks Program and particularly do they thank Randy they do thank the following persons for their presentations Taylor, Finance Director, City of Huntsville; Keith Atchley, during the concurrent sessions held on Monday morning Code Enforcement Manager, City of Huntsville; Cherie of this convention: Glenda Dean, Water Division Director, Cunningham, Housing Specialist II, City of Huntsville; Gail ADEM; John Tanner, Retired Chief of the Voting Section Busby, City of Decatur; Lynn Porter, City Clerk, Trussville; Civil Rights Division, U.S. Justice Department; Billy Iva Nelson, City Clerk, Gadsden; and Lee Frazier, City Clerk, Daniels, CPA, CGFM, Wilson Price; and Lee Parks, CPA, Birmingham. Wilson Price. RESOLUTION NO. 15 RESOLUTION NO. 10 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, that Huntsville, Alabama, on this the 27th day of June, 2011, that they they do thank Councilmember Thomas Moore of Demopolis for do thank the following persons for their presentations during his service during the past year as Vice President of the League. the first set of concurrent sessions held on Monday afternoon His attention to duty was most commendable. of this convention: Sally Howell, Executive Director, AASB; Tracy Roberts, Assistant General Counsel, Alabama League RESOLUTION NO. 16 of Municipalities; John Tanner, Retired Chief of the Voting BE IT RESOLVED by the Delegates of the Alabama Section Civil Rights Division, U.S. Justice Department; Lori League of Municipalities in Convention assembled in Lein, Deputy General Counsel, ALM; and Larry Bryant, PE, Huntsville, Alabama, on this the 27th day of June, 2011, that they Chief, Environmental Services Branch, ADEM. do thank the Chairs, Vice Chairs and members of the League’s standing committees for their excellent work during the past RESOLUTION NO. 11 year. We thank them for their work on the League’s Statement BE IT RESOLVED by the Delegates of the Alabama of Policies and Goals. League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, RESOLUTION NO. 17 that they do thank Jim Sumner, Director of the Alabama BE IT RESOLVED by the Delegates of the Alabama Ethics Commission and Hugh Evans, General Counsel for League of Municipalities in Convention assembled in the Alabama Ethics Commission for their presentation on Huntsville, Alabama, on this the 27th day of June, 2011, that Alabama’s New Ethics Law held on Tuesday morning of this they do express their sincere appreciation to the mayors, convention: councilmembers, clerks and administrators who presided over the programs during this convention and to those who made RESOLUTION NO. 12 presentations during the sessions of this convention. BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in Huntsville, RESOLUTION NO. 18 Alabama, on this the 27th day of June, 2011, that they express BE IT RESOLVED by the Delegates of the Alabama their appreciation to the Honorable Brenda Flowers Smith, League of Municipalities in Convention assembled in Assistant Attorney General, for her considerable help during Huntsville, Alabama, on this the 27th day of June, 2011, that they the past year and for her continued assistance in answering express their thanks to the League staff members responsible the requests of Alabama municipalities. We also thank Brenda for arranging the Municipal Masters Golf Tournament and for Smith for participating in the program of this convention. their work during the tournament.

RESOLUTION NO. 13 RESOLUTION NO. 19 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, that Huntsville, Alabama, on this the 27th day of June, 2011, that they do express their sincere appreciation to the participants of they do thank Mayor Melvin Duran of Priceville for serving as the AAPPA Program and particularly thank Barbara Montoya, master of ceremonies at the Spouses Breakfast. Personnel Director, City of Montgomery and Jeff Downes, Chief of Staff/Deputy Mayor, City of Montgomery. RESOLUTION NO. 20 BE IT RESOLVED by the Delegates of the Alabama RESOLUTION NO. 14 League of Municipalities in Convention assembled in BE IT RESOLVED by the Delegates of the Alabama Huntsville, Alabama, on this the 27th day of June, 2011, that

18 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES they thank Mayor Leon Smith of Oxford, Mayor Ted Jennings RESOLUTION NO. 25 of Brewton, Mayor Charles Penhale of Helena, Councilmember BE IT RESOLVED by the Delegates of the Alabama Thomas Moore of Demopolis and Mayor Phil Segraves of Guin League of Municipalities in Convention assembled in for their excellent work as directors of the Municipal Workers Huntsville, Alabama, on this the 27th day of June, 2011, that Compensation Fund, Inc. We also wish to thank Steve Martin they thank the various departments and agencies of the state and Faith Ann Gunn for their dedicated attention to duties in and federal government that have been most helpful to the the management of the workers compensation program. This cities and towns of this state during the past year. We commend company has been an outstanding success and we urge other them for their cooperation and thank them for their assistance. cities to participate in its program and utilize its services. RESOLUTION NO. 26 RESOLUTION NO. 21 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, that League of Municipalities in Convention assembled in they thank the Huntsville Police Department Color Guard for Huntsville, Alabama, on this the 27th day of June, 2011, that their participation in the Opening Session of this convention. they thank Mayor Billy Joe Driver of Clanton, Mayor Melvin Duran of Priceville, Mayor David Bradford of Muscle Shoals, RESOLUTION NO. 27 Mayor Charles Murphy of Robertsdale and Councilmember BE IT RESOLVED by the Delegates of the Alabama League Dean Argo of Prattville for serving on the Board of Directors of Municipalities in Convention assembled in Huntsville, of the Alabama Municipal Insurance Corporation. We also Alabama, on this the 27th day of June, 2011, that they thank wish to commend the work of Steve Wells, AMIC’s President. the Huntsville Fire & Rescue Choral for singing the National Because of the work of these officials, AMIC has proven to be Anthem during the Opening Session of this convention. extremely successful and of tremendous benefit to the cities and towns of Alabama. We urge other municipalities to participate RESOLUTION NO. 28 in this service offered through the League. BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in RESOLUTION NO. 22 Huntsville, Alabama, on this the 27th day of June, 2011, that they BE IT RESOLVED by the Delegates of the Alabama commend Perry Roquemore and the members of the League League of Municipalities in Convention assembled in staff for their deep devotion to the interests of the municipalities Huntsville, Alabama, on this the 27th day of June, 2011, that of this state and that we thank them for their unselfish labors in they thank Mayor Roy Dobbs of Berry, Mayor Wally Burns fulfilling the responsibilities of their assignments. of Southside, Mayor Howard Shell of Atmore, Mayor George Evans of Selma and Councilmember Debbie Quinn of Fairhope RESOLUTION NO. 29 for serving on the Board of Directors of the Alabama Municipal BE IT RESOLVED by the Delegates of the Alabama Funding Authority, Inc. (AMFund). AMFund is the League’s League of Municipalities in Convention assembled in th newest venture and we urge our municipalities to consider this Huntsville, Alabama, on this the 27 day of June, 2011, that new program. We also wish to thank Greg Cochran, AMFund’s they do sincerely thank the City of Huntsville for planning President, for his attention to duties in the management and sponsoring the Welcome Reception on Saturday night of of this program. our convention. RESOLUTION NO. 30 RESOLUTION NO. 23 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in th th Huntsville, Alabama, on this the 27 day of June, 2011, that Huntsville, Alabama, on this the 27 day of June, 2011, that they do express their appreciation to the Alabama Municipal they express their appreciation to the clerks of the cities and Electric Authority for sponsoring the League’s Reception held towns of this state for the outstanding work they do on our in the Expo Hall on Sunday night of this convention. behalf. We also commend them for their excellent and timely program at this convention. RESOLUTION NO. 31 BE IT RESOLVED by the Delegates of the Alabama RESOLUTION NO. 24 League of Municipalities in Convention assembled in BE IT RESOLVED by the Delegates of the Alabama Huntsville, Alabama, on this the 27th day of June, 2011, that League of Municipalities in Convention assembled in they thank the Alabama Municipal Insurance Corporation, Huntsville, Alabama, on this the 27th day of June, 2011, that Municipal Workers Compensation Fund and Millennium Risk they do thank the city managers and city administrators for the Managers for sponsoring the coffee breaks for delegates during work they perform for the cities and towns of Alabama. the convention.

ALABAMA MUNICIPAL JOURNAL • July 2011 19 RESOLUTION NO. 32 RESOLUTION NO. 36 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, thank Huntsville, Alabama, on this the 27th day of June, 2011, that Alabama Municipal Electric Authority; Electric Cities of they express their sincere appreciation to the companies and Alabama; and Tennessee Valley Authority for sponsoring the businesses which sponsored parties for delegates on Sunday luncheon on Monday afternoon of this convention. night of the convention.

RESOLUTION NO. 33 RESOLUTION NO. 37 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in th Huntsville, Alabama, on this the 27th day of June, 2011, that they Huntsville, Alabama, on this the 27 day of June, 2011, that they express their deep appreciation to Alabama do sincerely thank Carr, Riggs and Ingram and Merrill Lynch for Municipal Electric Authority; Alabama Municipal Insurance sponsoring the reception on Monday night of our convention. Corporation; Alabama Power Company; Carr, Riggs and Ingram; Electric Cities of Alabama; Goodwyn, Mills Cawood; RESOLUTION NO. 34 Merrill Lynch; Millennium Risk Managers; Municipal BE IT RESOLVED by the Delegates of the Alabama Revenue Service; Municipal Workers Compensation Fund, League of Municipalities in Convention assembled in Inc.; Sterne Agee; and Tennessee Valley Authority for their th Huntsville, Alabama, on this the 27 day of June, 2011, that they convention sponsorships. do thank Lee Marshall for performing at the Spouses Breakfast on Monday morning of this convention. RESOLUTION NO. 38 RESOLUTION NO. 35 BE IT RESOLVED by the Delegates of the Alabama BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 27th day of June, 2011, that Huntsville, Alabama, on this the 27th day of June, 2011, that they they do hereby express their appreciation to the commercial do sincerely thank Sterne Agee for sponsoring the retirement exhibitors at this convention for their participation and note reception honoring Perry C. Roquemore, Jr., on Monday night that their contributions have meant much to the success of this of our convention. convention. Specifically, we thank the following exhibitors:

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www.smartERcoverage.comER Contact Leigh Price • 1-866-281-3128 • [email protected] A To Z Muni-Dot Company; Absolute Aeration; Advanced RESOLUTION NO. 39 Disposal Service; Affinity Benefit Solutions; Alabama 811; BE IT RESOLVED by the Delegates of the Alabama Alabama Cable Telecommunication Association; Alabama League of Municipalities in Convention assembled in Citizens for Constitutional Reform Foundation; Alabama Huntsville, Alabama, on this the 27th day of June, 2011, that Municipal Funding Corporation; Alabama Municipal Insurance they do hereby express their appreciation to the state and Corporation; Alabama Municipal Insurance Corporation - Loss federal agencies that had exhibit booths in the Expo Hall at Control; Allied Waste; Alpha & Omega Processing; Ameresco, this convention. Specifically, we thank the following agencies: Incorporated; American Fidelity Assurance Company; ADECA – Alabama Advantage; ADECA – Surplus Property American Municipal Services; American Traffic Solutions; Division; AL City/County Management Association; Alabama Aviation Council of Alabama; AT&T Alabama; BB&T; Bay Association of Municipal Clerks and Administrators; Alabama Benefits Group; Black Mountain Software, Incorporated; Bren, Association of Regional Councils; AL Attorney General’s Incorporated; Caldwell Tanks, Incorporated; Carr, Riggs & Consumer Affairs; Alabama Career Center; Alabama Clean Fuels Coalition; Alabama Cooperative Extension System; Ingram, LLC; CDG Engineers & Associates, Incorporated; Alabama Correctional Industries; Alabama Criminal Justice Central Pipe Supply, Incorporated; Civic Plus; Clear Water Information Center; Alabama Department of Environmental Solutions, LLC; Columbia Southern University; Inline; Croy Management; Alabama Department of Environmental Engineering; CSI Technology Outfitters; CXT, Incorporated; Management, Brownfields Voluntary Cleanup Programs; Data Ventures; Dexter Fortson Associates, Incorporated; Dixie Alabama Department of Revenue, Local Tax; Alabama Decorations, Incorporated; DMD Engineers, Incorporated; Eco- Emergency Management; Alabama Green Industry Training Tech, Incorporated; Emergency Communications Network; Center; Alabama Industries for the Blind; Alabama Municipal Empire Pipe and Supply; Employer Support of the Guard & Revenue Officers Association; Alabama Public Library Service; Reserve; Engineered Restorations, Incorporated; Gallagner Alabama Retired State Employees’ Association; Alabama Asphalt Corporation; Goodwin-Jones Architecture & Interior Urban Forestry Association; ALL Kids – Alabama Department Design, Incorporated; Gorrie-Regan and Associates; GovDeals, of Public Health; Center for Governmental Services Auburn Incorporated; Grasshopper Company; Holophane Lighting; University; Design Alabama; Geological Survey of Alabama; Ingram Equipment Company, LLC; J.A. Dawson and Company; Retirement Systems of Alabama; Scenic Alabama; State Jackson Thornton; Jefcoat Recreation; Judicial Correction Auditor’s Office & NPMA (National Property Management Services; Kellum, Wilson & Associates, P.C.; Key To City; Association); State Employees’ Insurance Board; The Center Kidz Zone Play Systems; Kossen Equipment, Incorporated; for Forest Sustainability; U S Census Bureau. Kronos Incorporated; Ladd Environmental Consultants, Incorporated; Life Insurance Company of Alabama; Lifesize RESOLUTION NO. 40 Communications; Local Government Corporation; Mauldin BE IT RESOLVED by the Delegates of the Alabama & Jenkins CPA, LLC; McKee and Associates Architecture; League of Municipalities in Convention assembled in th Municipal Code, MccInnovations & MccAdvantage; Municipal Huntsville, Alabama, on this the 27 day of June, 2011, that Revenue Services; Municipal Workers Compensation Fund; they sincerely thank the Municipal Revenue Service for their Musco Sports Lighting; NAFECO (North America Fire golf tournament sponsorship. Equipment Company, Incorporated); Neely Coble Company; Nexcheck, LLC; National League of Cities Prescription RESOLUTION NO. 41 Discount Card Program; NaturChem, Inccorporated; Official BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in Huntsville, Payments Corporation; Playscapes of Alabama, LLC; Alabama, on this the 27th day of June, 2011, that they do thank Polyengineering, Incorporated; PReMA Corporation; Provident the members of the 2010-2011 Executive Committee for their Agency, Incorporated; RBC Bank; RDS (Revenue Discovery expertise, advice and assistance regarding League operations. Systems); Sansom Equipment Company, Incorporated; S&ME, RESOLUTION NO. 42 Incorporated; Severn Trent Services; Slaughter & Associates, BE IT RESOLVED by the Delegates of the Alabama PLLC; SMW Engineering Group, Incorporated; Southern League of Municipalities in Convention assembled in Playgrounds, Incorporated; Star Recycling, Incorporated; Huntsville, Alabama, on this the 27th day of June, 2011, that Stratus Station; Sunbelt Fire; Tank Pro, Incorporated; The they do thank ABC-LEO for hosting a reception on Sunday EZ Street Company; The Kelley Group; The McPherson evening of the convention. Companies, Incorporated; Thompson Tractor Company, Incorporated; Tuscaloosa Tourism and Sports Commission; RESOLUTION NO. 43 Universal Concepts; U S Teks; Utility Engineering Consultants, BE IT RESOLVED by the Delegates of the Alabama League LLC; Utility Service Company, Incorporated; Utility Service of Municipalities in Convention assembled in Huntsville, Partners, Incorporated; Veolia Environmental Services; Volkert, Alabama, on this the 27th day of June, 2011, that they do thank the Incorporated; Waste Pro; Wilson, Price, Barranco, Blankenship Kings of Swing for playing at the reception on Sunday evening & Billingsley, P.C. of the convention.

ALABAMA MUNICIPAL JOURNAL • July 2011 21 RESOLUTION NO. 44 and steadfast leadership from local and state officials; and BE IT RESOLVED by the Delegates of the Alabama WHEREAS, Governor Robert Bentley activated 2,000 League of Municipalities in Convention assembled in National Guard troops to help secure decimated areas while th Huntsville, Alabama, on this the 27 day of June, 2011, that committing State resources toward recovery efforts; and they do thank Goodwyn, Mills & Cawood for sponsoring WHEREAS, on April 29th, President Barak Obama pledged the hospitality room on Saturday and Sunday nights immediate federal aid after touring Tuscaloosa, the site of an of the convention. EF-4 tornado that killed 41 people and severely damaged or destroyed more than 5,000 structures; and RESOLUTION NO. 45 BE IT RESOLVED by the Delegates of the Alabama WHEREAS, the Army Corps of Engineers has estimated League of Municipalities in Convention assembled in that at least 3.5 million cubic yards of debris must be removed Huntsville, Alabama, on this the 27th day of June, 2011, that from nearly 40 counties; and they do thank League Attorneys Perry C. Roquemore, Jr., Ken WHEREAS, Alabama’s Emergency Management Agency Smith, Lori Lein and Tracy Roberts as well as Brenda Smith, in conjunction with FEMA has been working nonstop to provide Assistant Attorney General, for their participation in the Ask assistance to counties, municipalities and individuals affected Your Attorney Panel Discussion on Tuesday morning of the by the April 27th weather siege; convention. NOW, THEREFORE, BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention RESOLUTION NO. 46 assembled in Huntsville, Alabama, on this the 27th day of June, WHEREAS, Wednesday, April 27, 2011, became the most 2011, that they do commend the State and Federal Governments prolific and catastrophic tornado outbreak in United States for their immediate and unequivocal response to Alabama’s history when more than 200 tornados bombarded the South; and municipalities and unincorporated communities following this WHEREAS, an unprecedented 67 tornadoes, including eight EF-4s and two EF-5s, were confirmed in Alabama; and unprecedented natural disaster; and WHEREAS, these horrific tornadoes destroyed homes, BE IT FURTHER RESOLVED that the President and businesses and lifestyles while killing more than 230 people Governor are urged to continue providing aid for as long across the northern two-thirds of the state; and as is necessary for Alabama’s municipalities to stabilize WHEREAS, the devastation to many municipalities was after suffering through the historic and catastrophic tornado epic, requiring immediate mobilization of emergency services outbreaks of April 27, 2011. RESOLUTION NO. 47 RESOLUTION NO. 49 WHEREAS, on Wednesday, April 27, 2011, an WHEREAS, Alabama’s municipalities are under unprecedented 67 tornadoes, including eight EF-4s and two tremendous pressure to do more with less without reducing EF-5s, were confirmed in Alabama – becoming one of the essential services to citizens, businesses and industries in this most prolific and catastrophic tornado outbreaks in the state’s climate of extreme financial distress; and history; and WHEREAS, federal and state unfunded mandates on local WHEREAS, these horrific tornadoes destroyed numerous governments have the cumulative effect of placing acute duress municipal structures insured by the Alabama Municipal on local government budgets and taking away policymaking Insurance Corporation (AMIC); and flexibility; and WHEREAS, AMIC was founded in 1989 to provide WHEREAS, whenever state or federal government property and casualty insurance to municipal entities; and mandates force new and increased expenditures on Alabama’s WHEREAS, the devastation to the municipal infrastructure local governments, the municipalities are left struggling of many cities and towns was immense and the total damage to determine how to fund the required mandate while still amounts to municipal structures throughout the state will be a providing the essential services citizens, businesses and multi-million dollar figure; and industries have come to rely on; and WHEREAS, AMIC representatives were in the affected WHEREAS, Alabama’s municipalities must have the municipalities within 24 hours surveying and photographing continued ability and authority to establish local solutions to damage and consulting with experts to take the necessary steps local problems without excessive and costly micromanagement to secure the areas; and from the state or federal level; and WHEREAS, more than 60 AMIC members filed claims WHEREAS, during formidable economic climates, it is following the epic tornado outbreaks; and especially important for the federal and state governments to WHEREAS, within one month of the tornadoes, AMIC had consider the dire impact unfunded mandates have on the much already distributed nearly $12 million to its municipal members smaller and extremely limited budgets of local governments; so the rebuilding process could begin; and NOW, THEREFORE, BE IT RESOLVED by the Delegates WHEREAS, the current economic deterioration will of the Alabama League of Municipalities in Convention indefinitely impact Alabama’s municipalities; assembled in Huntsville, Alabama, on this the 27th day of June, NOW, THEREFORE, BE IT RESOLVED by the Delegates 2011, that they do commend the leadership and employees of the Alabama League of Municipalities in Convention of the Alabama Municipal Insurance Corporation for their assembled in Huntsville, Alabama, on this the 27th day of immediate and exemplary response to its municipal members June, 2011, that they do request the Alabama Legislature and following this unprecedented natural disaster. Congress refrain from creating any new unfunded mandates to be passed down to local governments. RESOLUTION NO. 48 BE IT FURTHER RESOLVED that the Alabama WHEREAS, Alabama’s municipalities rely heavily on the collection of fees, taxes and business licenses to deliver Legislature and Congress will not create new mandates on local essential services such as police and fire protection to their governments without providing sufficient funding sources for citizens, businesses and industries; and such programs. WHEREAS, Alabama’s municipalities are under tremendous pressure to do more with less without reducing RESOLUTION NO. 50 essential services to citizens, businesses and industries in this WHEREAS, Perry C. Roquemore, Jr., Executive Director climate of extreme financial distress; and and longest serving employee for the Alabama League of WHEREAS, Alabama’s municipalities are dependent upon Municipalities, retired on May 31, 2011, after 37 years of the Alabama Legislature for the authority to levy and collect outstanding and commendable service to the cities, towns and any fees, taxes and licenses; and municipal entities of this state; and WHEREAS, the Alabama Legislature is continually asked WHEREAS, Perry began his career as a staff attorney with by business and industry advocates to support exemptions and the League in 1974 upon his graduation from the University of preemptions of municipal authority to raise revenue locally; and Alabama School of Law; and WHEREAS business and industry should be expected WHEREAS, Perry became an expert in municipal law as to contribute their fair share without continual special well as a respected and loyal advocate of municipal interests; concessions that place potentially crippling financial burdens and on municipalities; WHEREAS, Perry was named the League’s third Executive NOW, THEREFORE, BE IT RESOLVED by the Delegates Director in 1986 following the retirement of John Watkins; and of the Alabama League of Municipalities in Convention WHEREAS, Perry led the efforts to successfully promote assembled in Huntsville, Alabama, on this the 27th day of crucial constitutional amendments that restricted the Alabama June, 2011, that they do request the Alabama Legislature to Legislature’s authority to force unfunded mandates onto oppose any legislation limiting the authority of municipal municipalities and preserved the municipal portion of the state’s governments to tax or license business and industry in their oil trust-fund revenues; and prospective communities. WHEREAS, under Perry’s leadership the League created

ALABAMA MUNICIPAL JOURNAL • July 2011 23 many invaluable programs benefiting its membership including RESOLUTION NO. 51 the Alabama Municipal Insurance Corporation, the Certified WHEREAS, Representative Bill Dukes retired from elected Municipal Officials Program and the Alabama Municipal office in 2010 after more than four decades of outstanding and Funding Corporation; and commendable service to the people of Alabama; and WHEREAS, during Perry’s tenure the first African- WHEREAS, Representative Dukes was the Mayor of American was elected League President; the first municipal Decatur from 1976 until 1994 and was an active member of the Alabama League of Municipalities, serving on numerous official from Alabama was elected President of the National committees and as League President from 1987 to 1988; and League of Cities; the League’s headquarters building was WHEREAS, Representative Dukes was one of the expanded twice; and the League staff grew to nearly sixty original board members of the Alabama Municipal Insurance professionals; and Corporation and served for several terms on the board of WHEREAS, Perry has been a champion of municipal directors of the Municipal Workers Compensation Fund, Inc.; government by working diligently and effectively to protect and municipal interests, enact proactive legislation and expand WHEREAS, Representative Dukes was elected to the educational, financial and quality of life opportunities for Alabama State Legislature in 1994 and served as chair of the Alabama’s municipalities, their staffs and their elected officials; House County and Municipal Government Committee where NOW, THEREFORE, BE IT RESOLVED by the Delegates he consistently demonstrated leadership through a willingness of the Alabama League of Municipalities in Convention to be fair and work with both political parties for the good of assembled in Huntsville, Alabama, on this the 27th day of June, the State; and WHEREAS, Representative Dukes was the commencement 2011, that we do hereby commend Perry C. Roquemore, Jr., speaker for the graduation ceremony of the Alabama League of for 37 years of outstanding service to the Alabama League of Municipalities’ Certified Municipal Official Training Program Municipalities and for his dedication and leadership which have for fourteen consecutive years; and made the League a membership organization second to none. WHEREAS, Representative Dukes has been a long-time BE IT FURTHER RESOLVED that we congratulate him advocate of municipal government and its critical role in the on his well-earned retirement and extend our best wishes to success and wellbeing of Alabama’s cities and towns; Perry and his family for continued success, happiness and good NOW, THEREFORE, BE IT RESOLVED by the health in the years to come. Delegates of the Alabama League of Municipalities in

Architecture Electrical Design & Inspection HVAC Design & Inspection Industrial Wastewater Treatment Industrial Water Supply Military Training Ranges Government Facilities Municipal Planning Parks & Recreation Paving & Drainage Serving Alabama’s Municipalities Solid Waste Disposal for Over 51 Years Storm Water Management Storm Water Retention & Treatment Urban Revitalization Utility Relocation Wastewater Collection & Transmission Wastewater Treatment & Disposal Water Treatment & Supply w w w . p o l y e n g i n e e r i n g . c o m Water Storage & Distribution Convention assembled in Huntsville, Alabama, on this the 27th NOW, THEREFORE, BE IT RESOLVED by the Delegates day of June, 2011, that we do hereby applaud Representative of the Alabama League of Municipalities in Convention Dukes’ outstanding leadership, work ethic and unwavering assembled in Huntsville, Alabama, on this the 27th day of June, willingness to aid Alabama’s municipalities and extend our 2011, that they do memorialize Carol Jean Smith and pay tribute sincere and grateful appreciation for his dedicated service to to her dedication, professionalism and many years of sound the people of Alabama. legal judgment. Her devotion to the State of Alabama and her BE IT FURTHER RESOLVED that we congratulate friendship will be sorely missed. Representative Dukes on his well-earned retirement and extend our best wishes to him and his family for continued success, RESOLUTION NO. 54 happiness and good health in the years to come. BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in RESOLUTION NO. 52 Huntsville, Alabama, on this the 27th day of June, 2011, WHEREAS, Charles Murphy, Mayor of Robertsdale, that they memorialize the following persons who have died Alabama, has served as President of the Alabama League of in office since our last convention, namely: Ken Williams, Municipalities for the past year; and mayor, Saraland; Willie Cook, councilmember, Montgomery; WHEREAS, Mayor Murphy’s diligent attention to duty Grady Gould, councilmember, Coffeeville; Gregory “Greg” and outstanding leadership on behalf of the League and its Pendleton, councilmember, Montevallo; James W. “Bill” members has led to the growth and well-being of the League Rawson, councilmember, Orange Beach; Keith A. Young, especially during the past year; and councilmember, Pennington; Tim Pirtle, councilmember, WHEREAS, the members of the League shall always be Littleville; Dr. William Lazenby, councilmember, Opelika; most grateful for Mayor Murphy’s years of unselfish service Darrell Shankles, councilmember, Henagar; Ronnie J. McLeary, and untiring efforts to promote the programs, projects and councilmember, Sheffield; Bill Brantley, councilmember, philosophy of the League; NOW, THEREFORE, BE IT RESOLVED by the Delegates New Brockton; Marie Middlebrooks, councilmember, of the Alabama League of Municipalities in Convention Valley Grande. assembled in Huntsville, Alabama, on this the 27th day of June, BE IT FURTHER RESOLVED that the following 2011, that they do recognize and commend Mayor Murphy for former officials be memorialized: Ed Bullen, former mayor, his service as a municipal official in the State of Alabama and Red Bay; Orville Parker, former mayor, Red Bay; Margie as a leader of our state organization and that they do wish him Sanford, former councilmember, Childersburg; Jimmy well in all of his future endeavors. Watson, former councilmember, Lincoln; Charles “Charlie” Sutton, former council president, Homewood; Luther Latham, RESOLUTION NO. 53 former mayor, Arab; Ralph Hammond, former mayor, Arab; WHEREAS, Carol Jean Smith faithfully served the James “J.R.” Richard Countryman, former councilmember, State of Alabama and its citizens for 30 years as an Assistant Gadsden; Ross Palmer, former councilmember, Rogersville; Attorney General and Chief of the Opinions Division until her Joyce Routon, former councilmember, Southside; Jackie retirement in 2004; and Whittemore, former councilmember, Southside; Herbert C. WHEREAS, Ms. Smith was an exceptional public servant, “Hoot” Chaffin, former mayor, Douglas; Charles E. McKinney, inherently safeguarding the trust bestowed upon her while former councilmember, Ashland; William Murphy, former serving under eight Attorneys General; and mayor, West Blocton; Garland Justice, former councilmember, WHEREAS, Ms. Smith provided invaluable assistance to Childersburg; Willie B. Arrington, former councilmember, municipal officials and employees throughout her tenure with Alabaster; Charles Ebert, Jr., former councilmember, Foley; the Attorney General’s Office; and James Rufus Dockery, former councilmember, Tuscaloosa; WHEREAS, Ms. Smith was recognized as one of Burk Dunaway, former mayor, Pelham; Al Robbins, former Alabama’s leading experts in the field of municipal law and was mayor, Florala; Muriel Savage, former councilmember, well known for her diligent efforts on behalf of many leaders Florala; Bill Johnson, former mayor, Muscle Shoals; George and elected officials in performing their duties to the citizens “Moody” King, former councilmember, Ardmore; Charles in their communities throughout the State of Alabama; and WHEREAS, Ms. Smith worked closely with the Alabama Tinsley, former mayor, Sardis City; Mike Mattox, former League of Municipalities to educate municipal elected officials, mayor, Collinsville; Jackie Biddle, former councilmember, employees and attorneys through her contributions as a speaker Rainbow City; Donnie Gentry, former councilmember, at many League functions; and Phil Campbell; Gene Hughes, former mayor, Daleville; Owen WHEREAS, Ms. Smith’s contributions to the knowledge Drake, former councilmember, Leeds; Sarah McBroom, former and understanding of municipal law through the drafting councilmember, Tuscaloosa; Walter Majors, former mayor, of innumerable Attorney General’s Opinions cannot be Rainbow City; William Poole, former mayor, Ohatchee; L.C. overestimated; and Keasler, former councilmember, Reform; Jessie Phillips, WHEREAS, Ms. Smith passed away on March 20, 2011, former councilmember, Chickasaw; and Fulton Duck, former at age 63; councilmember. n

ALABAMA MUNICIPAL JOURNAL • July 2011 25 Opening Session Address continued from page 14 and has guarded our cities and accomplished many great things towns against the infringement of throughout its long history. And our authority by state and federal through our united efforts, this list legislation. of accomplishments will continue Under Perry’s leadership, the to grow. League achieved milestones in I’ll close by saying it’s been the progression and diversification a tremendous honor to serve as of our organization through the your League President this past election of the first African- year. I appreciate the opportunities American league president, former you have given me and I thank Mayor Johnny Ford of Tuskegee, you for your confidence, your as well as former Councilwoman support and your friendship. I also Cynthia McCollum of Madison want to thank the members of the becoming the first Alabama official Robertsdale Council and all my elected president of the National staff. They graciously allowed League of Cities. me to serve you this year, and As I look back on my personal NLC President James Mitchell, Jr. encourages ALM have always supported me and relationship with Perry, I’m amazed delegates to become involved nationally. our League. at all he’s accomplished for us during Again, I thank all of you for his tenure and how strong and decisive the League has the privilege of serving as your League president. become due to his leadership. My tenure as president of the May God bless you, your communities and our League certainly deepened my respect for Perry Roquemore Alabama League of Municipalities! n and, on behalf of the membership, I sincerely thank him for the leadership, dedication and hard work he selflessly gave during his nearly 38 years with the League. Not only did he provide our membership with sound judgment as our executive director, he has become a dear friend to us all. I know you join me in wishing Perry and his family the very best in their future journeys. Of course, we all greatly appreciate the numerous contributions Perry has made to this organization, but I would be remiss if I didn’t recognize the rest of our fine staff. Municipal officials and employees throughout Alabama are supported by a talented, dedicated team of seasoned professionals – people who continuously strive to help us make our cities and towns a better place to live. The volume and quality of work produced by our League employees is exceptional. They rise to every occasion, answer every inquiry (even when we don’t like the answer) and anticipate problems before they arise. Our jobs as elected officials would be much more difficult if it weren’t for their efforts. I certainly appreciate their help and support throughout my year as president. Ladies and Gentleman, we are blessed to have an organization such as the Alabama League of Municipalities to protect our interests at the Legislature; to educate us through special training programs; to provide us with timely, important information; and to give us legal advice on the many challenges we face daily. Our League has

26 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Ken Smith Elected Fourth Executive Director in League History

n June 27, 2011, Acting Executive Director Ken Smith was elected Executive Director by the voting delegates at the League’s annual O st business session following the May 31 retirement of Perry C. Roquemore, Jr., who had been with the League for 37 years. Ken is only the fourth executive director to serve the Alabama League of Municipalities since its inception in 1935. Born in Union Springs, Alabama, Ken received a B.S. degree in journalism from the University of Alabama in 1982 and a J.D. degree from the University of Alabama School of Law in 1985. He completed a one-year clerkship to Justice Hugh Maddox of the Alabama Supreme Court and was then hired as the League’s staff attorney in June 1986. He later became the League’s Deputy Director/General Counsel. During his 25 years with the League of Municipalities, Ken has been responsible for advising municipal officials and employees from over 440 member cities and towns. He has written numerous articles and manuals on municipal government; has helped write the handbook and guides used by all elected municipal officials in Alabama; and has addressed numerous gatherings of municipal officials, employees and attorneys on municipal matters. He has also assisted League lobbyists in their efforts through which many laws benefiting municipalities have been enacted by the State Legislature. In addition, he serves as liaison between the League and other interest groups on matters affecting municipal government. In 2003, he was presented the Award for Teaching Excellence by the College of Continuing Studies at the University of Alabama. “My time with the League has allowed me to fully appreciate the services the League provides to its members,” Ken said. “I believe that there is no higher calling than public service, so I have a great deal of respect for the officials and employees who serve the League’s member municipalities. They give freely of their time, often for little or no money, in an effort to make their city or town the best it can be. The function of the League is to help them achieve that goal.” Ken is the former President of the Alabama Municipal Funding Corporation, also known as AMFund, and presently serves as Secretary/Treasurer of that organization. He is also the Secretary/Treasurer of the Alabama Municipal Insurance Corporation (AMIC). He is active in the International Municipal Ken addresses officials at the 2011 Legislative Lawyers Association (IMLA), an international organization that works to CMO session in Montgomery. improve the practice of municipal law throughout the United States, Canada, continued on page 31

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HAN-10-02.AL.MUN.Bond.indd 1 2/3/10 9:37:30 AM Distinguished Service Awards

Each year, the League presents Distinguished Service Awards to municipal officials who have completed 20, 30 and 40 years of service in municipal government. A total of 10 awards were announced during the President’s Banquet this year at the League Convention in Huntsville. Pictured below are the recipients of the 2011 Distinguished Service Awards. 30 Year Service Award 30 Year Service Award

Melvin Duran Wayne Tucker Mayor, Priceville Councilmember, Springville Certified Municipal 30 Year Service Award Official Training

Carolyn May Municipal Clerk, Grant Contact Cindy Price at [email protected] for more information or visit: Not Pictured: Grant A. Paris, www.alalm.org/CMOPage.html Municipal Attorney, Jacksonville 30 Year Service Award

ALABAMA MUNICIPAL JOURNAL • July 2011 29 Distinguished Service Awards

20 Year Service Award 20 Year Service Award

Faye Cook Virgil Skipper Mayor, Woodville Mayor, Midland City 20 Year Service Award 20 Year Service Award

Cynthia Osborne Sue Raper Municipal Clerk, Southside Municipal Clerk, Vina 20 Year Service Award 20 Year Service Award

Steve Martin Twanna Walton ALM Finance Director ALM Researcher

30 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES Ken Smith continued from page 27

Mexico and Europe. He has served on the IMLA Board of Directors, the IMLA Restructuring Committee, Technology Committee, Model Licensing Agreement Committee, Conference Planning Committee and the Policy Action Committee. He has also chaired the IMLA Personnel Section and the IMLA State League Attorneys Department. He is a member of the American Bar Association, Alabama State Bar, the Montgomery County Bar Association and serves on the Advisory Committee on Municipal Courts, the County and Municipal Liaison Committee and has been a member of the Statewide Taskforce for Domestic Violence Training. He and his wife Brenda, Opinions Division Chief for the Alabama AG’s office, are active members of the First Methodist Church in Montgomery. “I am proud to have been a part of this organization for 25 years,” Ken said, “and I look forward to many more years of service here. As executive director, I pledge to continue to work to improve the League’s services and the assistance Ken Smith at the 2011 Legislative CMO we provide our members.” n Session in Montgomery

Rep. Bill Dukes, Former League President, Honored During Convention

Rep. Bill Dukes, who retired from the Alabama Legislature last year, was honored during the 2011 League convention in Huntsville for his many years of service. The League presented him with the following special resolution: WHEREAS, Representative Bill Dukes retired from elected office in 2010 after more than four decades of outstanding and commendable service to the people of Alabama; and WHEREAS, Representative Dukes was the Mayor of Decatur from 1976 until 1994 and was an active member of the Alabama League of Municipalities, serving on numerous committees and as League President from 1987 to 1988; and WHEREAS, Representative Dukes was one of the original board members of the Alabama Municipal Insurance Corporation and served for several terms on the board of directors of the Municipal Workers Compensation Fund, Inc.; and WHEREAS, Representative Dukes was elected to the Alabama State Legislature in 1994 and served as chair of the House County and Municipal Government Committee where he consistently demonstrated leadership through a willingness to be fair and work with both political parties for the good of the State; and WHEREAS, Representative Dukes was the commencement speaker for the graduation ceremony of the Alabama League of Municipalities’ Certified Municipal Official Training Program for fourteen consecutive years; and WHEREAS, Representative Dukes has been a long-time advocate of municipal government and its critical role in the success and wellbeing of Alabama’s cities and towns; NOW, THEREFORE, BE IT RESOLVED by the Delegates of the Alabama League of Municipalities in Convention assembled in Huntsville, Alabama, on this the 2nd day of May, 2011, that we do hereby applaud Representative Dukes’ outstanding leadership, work ethic and unwavering willingness to aid Alabama’s municipalities and extend our sincere and grateful appreciation for his dedicated service to the people of Alabama. BE IT FURTHER RESOLVED that we congratulate Representative Dukes on his well-earned retirement and extend our best wishes to him and his family for continued success, happiness and good health in the years to come. n

ALABAMA MUNICIPAL JOURNAL • July 2011 31 Director’s Report continued from page 7 December in Denver, Colorado. The NLC Congressional-City efforts to assist municipal officials by providing information, Conference was held in Washington, D.C. in March. advice and training, the League also has several programs in Mayor Leon Smith of Oxford, Mayor Ted Jennings of place to save money for our member municipalities. These Brewton, and Council Member Debbie Quinn of Fairhope include the Municipal Workers Compensation Fund for workers continue to serve on the NLC Advisory Committee. Council compensation insurance led by Operations Manager Steve Member David Hooks of Homewood serves as Chair of the NLC Martin, and the Alabama Municipal Insurance Corporation FAIR Committee. Numerous other Alabama officials represent for liability and property insurance led by Steve Wells, and his us well on NLC steering and policy committees, and the NLC excellent staff. AMIC and MWCF jointly have an excellent loss Small Cities Council. I ask all Alabama officials who serve control team, many of whom have been here in Huntsville at on NLC boards and committees to stand and be recognized. I the booth in the Expo Hall. The loss control team and the rest would like to also encourage all of our officials who have not of the AMIC staff and MWCF staff work very hard to make attended an NLC meeting to consider joining the rest of your sure your city has the best liability and property coverage and colleagues at these important sessions. service available. The Alabama Municipal Funding Authority or AMFund Membership is available for your financing needs. Greg Cochran serves as Theresa Lloyd, our Member Services Director, has done President of this company. an excellent job preparing for this year’s convention as the Two other League-operated services are the Municipal Convention Coordinator. Krystle Bell, Cindy Price, and Revenue Service program for collecting delinquent insurance Sonya McCarley work in that department and have provided license taxes, and our computer software programs – the ALM valuable assistance. The League’s membership now stands at Library and MunicipaLaw on Disc. 442 municipalities out of the 461 in the state representing over The League continues to endorse a number of outside 99% of Alabama’s urban population. Although the number of programs to benefit our members such as the Cable Television participating municipalities is very high, we believe there are Franchise Management Service, the Model City Ordinance other small communities in our state that could benefit from Review Program, the U.S. Communities purchasing program, League membership. We encourage officials in League member and CGI Streaming Video program. cities and towns to urge their neighbors who are non-members If you need any of these services, I recommend you to join the League. contact the League or the endorsed providers. Most of them had displays in our trade show. Information on these programs Finances, Property and Equipment can also be found on the League website. During the coming The League’s finances for the current 2010-2011 budget year, the League officers and staff will continue to look at new year are expected to be adequate to meet the Executive Committee’s budget that was adopted last July in spite of the and innovative programs to assist our member municipalities. current economic situation. League Finance Director Steve Martin and his staff composed of Faith Ann Gunn and Rachel Legislative Program Wagner have kept us on a strong financial footing. The current Alabama Legislature came to Montgomery last Since the last convention, the League IT staff, led by Monty December and promptly enacted a package of ethics reform Paggeot and his staff of Chuck Stephenson and Ken Gabehart, bills. They returned on March 1 to begin the 2011 Regular has continued our conversion of our information into a digital Session, which concluded on June 9, 2011. During this session, format. We continue to spend a lot of time and effort to insure the Legislature debated and passed a long list of controversial that our data is completely and accurately backed up at multiple bills dealing with immigration, tort liability, photo ID at the sites and that the security of our system is top notch. polls, abortion, among many other measures. We continue to produce video productions for training The League Committee on State and Federal Legislation purposes. The League staff produced the video you saw met on January 13 and adopted an ambitious League Legislative on Saturday honoring the League 2011 Quality of Life Package for the 2011 Regular Session. I am happy to report that Award winners. the League had a very successful session. We were successful This year we enclosed a three-space garage at your League in obtaining the final passage of six bills. Headquarters building and made three new much-needed • Act No. 2011-618: The League has tried to pass this offices. Let me encourage all municipal officials to drop by your measure for several years. It eliminates the requirement of League Headquarters building anytime you are in Montgomery. publishing certain general and permanent ordinances in full following passage and instead allows for the publication of League Services a summary of the ordinance following adoption. This law The League exists to serve its member cities and towns will save municipalities in Alabama thousands of dollars and their officials. In addition to our lobbying efforts and our every year.

32 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES • Act No. 2011-530: This law allows municipalities to to Carrie’s department and he and Carrie designed the new site. purchase items off GSA bids and utilize life cycle costs in Our IT staff helped to get it online. determining the lowest responsible bidder. What a great decision. I hope all of you have gone to our website. In fact, we get from 3500-3700 hits per week. Our new • Act No. 2001-214: This law validates and ratifies municipal website has a number of new features. It is much more reader annexations despite certain procedural defects. friendly. An up-to-date League Directory can also be found on our new web page in addition to numerous videos. If you • We also were successful in the passage of appropriations for haven’t seen it, go to www.alalm.org for a peek. the State Revolving Loan Fund for Wastewater Treatment (SRF) and the Alabama Drinking Water Finance Authority. Legal Services Our Legal Department is led by our new General Counsel, • Act No. 2011-680: Consolidates certain municipal offenses Lori Lein. Lori and Tracy Roberts continue to provide top into a single statute. notch legal assistance to our members. During the last years, approximately 8,000 of your inquiries were fielded by our legal Although not part of the League’s legislative package, team. In addition to answering your legal questions, they also another bill that was strongly pushed by the League also passed, provide two training workshops annually for city attorneys, and has been enacted as Act No. 2011-612. This law amends judges and prosecutors and are in constant demand to speak ‐ ‐ Section 22 22A 5, Code of Alabama 1975, to remove minimum at meetings for lawyers and non-lawyers throughout the state. civil penalty amounts for certain violations of environmental Our legal staff also prepares monthly articles for the web page laws. and the Alabama Municipal Journal. Supporting our attorneys As always, Greg Cochran and the legal staff have done a in the Legal Department are Sharon Carr, Legal Services fantastic job of lobbying for our members. Administrator, and Twanna Walton, League Researcher. But be aware that the state continues to face a severe financial crisis. We saw a number of bills introduced this session League Staff that reduced municipal powers and eliminated or reduced certain Extremely competent League employees are assigned to municipal taxes. We cannot let this happen. If you want to keep work in one or more of the followings areas or departments – these bad bills from passing, you must contact your legislators Legal and Research, Finance, Legislative, Communications, and make your feelings known. Your League staff cannot be Member Services, IT and Insurance. These extremely competent effective without your help. people provide excellent service to our members on a daily A full report on the 2011 Regular Session is posted on the basis. I have been blessed with an outstanding staff at the League’s website. League. They truly make the Executive Director’s job much easier. Our accomplishments would not have been possible CMO Program without their leadership and assistance. I know you join me in Our Education Program for the Elected Municipal Official, thanking the League staff for a job well done. which gives every elected municipal official in Alabama the opportunity to obtain the designation of Certified Municipal Looking Ahead Officer (CMO), is completing 16 years. Since the program The next year will be full of challenges for municipalities. began, we have had 3401 officials participate in the program. The Federal government, the State of Alabama and cities and As of last week, 900 officials have obtained the required 40 towns will have to face economic and budget issues unseen in credit hours of training for Basic CMO certification and 406 our history. Officials will have to find new and innovative ways officials have earned their Advanced CMO designation. At this to deal with rising fuel costs, rising health care and pension costs Convention additional officials will earn credit hours toward and the threat of legislation to eliminate or restrict municipal their Basic and Advanced CMOs. The names of the 2011 power to control our own affairs during the upcoming year. The graduates to date were shown on the screen during today’s League will continue work hard to improve all of our services luncheon. Additional officials will join them at a graduation and develop new services to meet the challenges facing our ceremony in Montgomery this summer. Cindy Price has done cities and towns. an outstanding job working on this program. Finally, on a personal note, I am honored that the past presidents of this organization have unanimously nominated me Publications and Information to fill the very large shoes Perry leaves behind. I look forward The Alabama Municipal Journal continues to be one of to serving you to help keep the Alabama League the strongest the country’s best municipal publications. Last year the staff and best in the country. considered proposals for a completely new League website. Alabama municipalities are truly blessed with dedicated After reviewing the proposals and considering the abilities of officials. Remember, this is your League. The ability to produce our own staff, we decided to update the site with League staff positive results for our members depends upon the involvement under the direction of our Communications Director Carrie and teamwork of our municipal officials. Banks. We added Graphic Designer/Webmaster, Karl Franklin, Thank you! n

ALABAMA MUNICIPAL JOURNAL • July 2011 33 RDS AWARDS AD BW_MARCH 2011:RDS AWARDS AD_MARCH 2011 1/26/11 10:15 AM Page 1

2010 Small Municipality Award Winner

Presented to City of Guntersville, Alabama

From left to right: Pete Yonce (RDS); Councilman Wayne Sellers; Stephen Morris (RDS); Lesa Bellin (Recycling Coordinator); Carl Fulmer (Ordinance Enforcement Officer); Milla Sachs (Executive Assistant to the Mayor); Councilman Rudy Cornelius; Dan Warnes (City Attorney); Mayor Robert L. Hembree, Jr.; Councilman Charlie Williams; Renea Bradley (Personnel Director); Councilman Randy Whitaker; Betty Jones (City Clerk); Grant DeMuth (Director Economic Development); Leigh Dollar (City Auditor, Dollar & Watson, Sponsor of the State of the City). Revenue Discovery Systems (RDS) presented its final cleanup efforts. 2010 Smart Government Award (SGA) in the Small Municipal- City of Guntersville officials made recycling and waste reduc- ity category to the City of Guntersville, Ala. Under the leader- tion a priority. Existing environmental efforts were further enhanced ship and direction of Mayor Robert L. Hembree, Jr., the city in a cost effective manner through revised procedures and prac- expanded recycling collection efforts, imple- tices. Many recycling programs have been in mented “paperless” practices in the police de- place for some time, including the collection of partment, and motivated community members paper, glass, aluminum cans, tin/steel cans, plas- to contribute to litter prevention among other tics, cardboard, motor oil, and scrap metal.

Smart Government Nominations Now Open for 2011 www.revds.com/smartgov Recognizing innovative governments and efficient programs in Alabama [email protected] • twitter.com/SmartGovt Minutes of the General Business Session Huntsville, AL • June 27, 2011

he General Business Session of the Convention of the Councilmember Richard Showers of Huntsville moved adoption Alabama League of Municipalities was called to order of Resolutions 1 through 45. The motion was seconded by Tpromptly at 4:00 p.m., June 27, 2011, by President Councilmember Jerry Tingle of Lake View. The motion Thomas Moore, Councilmember of Demopolis, at the Von Braun was adopted. Center in Huntsville, Alabama. Councilmember Moore thanked Mayor Sheldon Day of Thomasville moved adoption of everyone for their attendance at the annual business session and Resolution No. 46, which commends the State and Federal for their efforts on behalf of the League during the past year. He Governments for their immediate and unequivocal response also thanked the membership for giving him the opportunity of to Alabama’s municipalities and unincorporated communities serving as president during the past year. The president then called following the unprecedented April 27th tornado outbreak. The on past president Charles Murphy, Mayor of Robertsdale, for his motion, which was seconded by Mayor Omar Neal of Tuskegee, comments. Mayor Murphy thanked the membership and the staff passed unanimously. of League for working with him during his term of office. Mayor Richard Long of Jackson moved adoption of The president then called upon Ken Smith, Executive Director Resolution No. 47, commending the leadership and employees of the Alabama League of Municipalities, for his annual report. of the Alabama Municipal Insurance Corporation for their Mr. Smith welcomed the attendees and expressed the continued immediate and exemplary response to its municipal members sympathy and support for those communities that were struck following this unprecedented tornado outbreak on April 27, 2011. by the devastating tornadoes on April 27, 2011, that had forced Councilmember Bill Bledsoe of Butler seconded the motion. The postponement of the annual convention until this date. He motion passed unanimously. expressed his appreciation for the hard work by Mayor Tommy Councilmember Jeff Cheekwood of Hokes Bluff moved Battle, the Huntsville City Council, and the employees of the adoption of Resolution No. 48 requesting the Alabama Legislature City of Huntsville for their efforts in rescheduling the convention to oppose any legislation limiting the authority of municipal and for their help in making the 2011 League Convention a great governments to tax or license business and industry in their success. He thanked the League officers, staff and membership prospective communities. Mayor Howard Rubenstein of Saraland for their work during the past year. Mr. Smith also recognized and seconded the motion. The motion passed unanimously. thanked retiring Executive Director Perry Roquemore for his 37 Mayor Omar Neal of Tuskegee moved adoption of Resolution years of service to the League. No. 49, requesting that the Alabama Legislature and Congress Mr. Smith stated that the League membership was now at 442 refrain from creating any new unfunded mandates to be passed cities and towns and that League finances would be adequate for down to local governments. Mayor Kenneth Coachman of Fairfield fiscal year 2011-2012. He also discussed the current legislative seconded the motion. The motion passed unanimously. session and numerous League services and programs. Councilmember Marva Gipson of Aliceville moved adoption President Moore then called on Mayor Leon Smith of Oxford, of Resolution No. 50, commending Perry C. Roquemore, Jr., President of the Municipal Workers’ Compensation Fund, Inc., for 37 years of outstanding service to the Alabama League for an annual report. Mayor Billy Joe Driver of Clanton, Chair of Municipalities and congratulating him on his well-earned of the Alabama Municipal Insurance Corporation (AMIC), was retirement and extending our best wishes to him and his family then called on to make AMIC’s annual report. Mayor Roy Dobbs for continued success, happiness and good health in the years to of Berry, Chair of the Alabama Municipal Funding Corporation come. Mayor Mike Grayson of Demopolis seconded the motion. (AMFund) was called upon to make the AMFund annual report. The motion passed unanimously. The President then called upon Councilmember Debbie Quinn, Councilmember James Harris of Wedowee moved adoption Chairman of the Resolutions Committee, for the committee’s of Resolution No. 51, thanking Representative Bill Dukes for report. Councilmember Quinn reported that the Resolutions his service to the League and congratulating on his well-earned Committee had met on Saturday, June 25, and had recommended retirement and extending our best wishes to him and his family that the League’s Policies and Goals for 2011 be adopted with the for continued success, happiness and good health in the years to following amendment: that Policy Position F-5.16 be deleted as come. Council Member Bobbie Curtis of Greensboro seconded accomplished by the passage of Act 2011-618. the motion. The motion passed unanimously. Councilmember Jesse Matthews of Bessemer moved adoption Councilmember Richard Showers moved adoption of of the Policies and Goals for 2011, as amended, and the motion Resolution No. 52, honoring Mayor Charles Murphy of was seconded by Council Member Don Moore of Uniontown. Robertsdale for his service as League President. The motion, The motion carried. which was seconded by Council Member Alex Moses of Clayton, Councilmember Quinn then presented the resolutions for passed unanimously. adoption. She pointed out that members were given summaries Mayor George Evans of Selma moved adoption of Resolution of 54 resolutions recommended by the Resolutions Committee. No. 53, mourning the death of Carol Jean Smith and thanking

ALABAMA MUNICIPAL JOURNAL • July 2011 35 her for her many years of service as Assistant Attorney General. Mayor Anna Berry, Heflin Councilmember Lewis Washington of Wetumpka seconded the Councilmember Ray Edwards, Valley motion. The motion passed unanimously. Councilmember Mack Arthur Bell, Roanoke Mayor Don Murphy of Pelham moved adoption of Resolution Councilmember Billy Pearson, Lincoln No. 54, memorializing active and former officials who have passed Fourth Congressional District: away since the last League convention following the addition of Councilmember Donald Myers, Guntersville names from the floor. Councilmember Don Moore of Uniontown Mayor Wayne Silas, Winfield seconded the motion. The motion passed unanimously. Councilmember Bill Stewart, Gadsden Following adoption, Councilmember Jesse Matthews moved Mayor Wally Burns, Southside to reconsider Resolution No. 54 to add an additional name. Mayor Gary Beam, Arab Councilmember James Harris of Wedowee seconded the motion, Fifth Congressional District: which passed unanimously. Mayor Melton Potter, Scottsboro The President then called upon Mayor Leon Smith of Oxford Councilmember Donald Pennington, Littleville to present the report of the Nominating Committee. Mayor Smith said the Nominating Committee had a tough assignment choosing Mayor William R. Marks, Athens officers for the next year from an abundance of very qualified Councilmember Tommy Perry, Priceville candidates. He reported the Nominating Committee had met and Mayor Tommy Battle, Huntsville had recommended the following persons: President: Councilmember Thomas O. Moore, Demopolis Sixth Congressional District: Vice President: Mayor David Bradford, Muscle Shoals Mayor Don Murphy, Pelham Executive Director: Ken Smith, Montgomery Mayor Tom Henderson, Center Point Committee on State and Federal Legislation: Mayor Walt Maddox, Tuscaloosa Chairman – Councilmember Debbie Quinn, Fairhope Councilmember Barbara F. Hyche, Helena Vice Chairman – Councilmember Sadie Britt, Lincoln Mayor Dennis Stripling, Brent Committee on Finance, Administration and Intergovernmental Seventh Congressional District: Relations: Councilmember Jesse Matthews, Bessemer Chairman – Councilmember David Hooks, Homewood Mayor John Lammers, Carrollton Vice Chairman – Councilmember Adam Bourne, Chickasaw Councilmember Roberta Jordan, Pine Hill Committee on Energy, Environment and Natural Resources: Mayor George Evans, Selma Chairman – Councilmember Dean Argo, Prattville Councilmember Don Moore, Uniontown Vice Chairman – Mayor Rusty Jessop, Riverside Ex Officio Members (Active Past Presidents) Committee on Community and Economic Development: Mayor Leon Smith, Oxford Chairman – Mayor Phil Segraves, Guin Mayor Ted Jennings, Brewton Vice Chairman – Councilmember Newton Cromer, Saraland Committee on Transportation, Public Safety Mayor Billy Joe Driver, Clanton and Communication: Mayor Carroll L. Watson, Lincoln Chairman – Councilmember Jeddo Bell, Greenville Mayor Charles “Sonny” Penhale, Helena Vice Chairman – Mayor Gary Livingston, Eva Mayor Melvin Duran, Priceville Committee on Human Development: Mayor Roy Dobbs, Berry Chairman – Councilmember Tayna Rains, Dutton Mayor Charles Murphy, Robertsdale Vice Chairman – Councilmember Lewis Washington, Wetumpka Mayor Smith moved adoption of the Nominating Committee report. The motion was seconded by Councilmember Don Moore FOR EXECUTIVE COMMITTEE of Uniontown. Following a request for nominations from the floor First Congressional District: and having none, the President called for the vote on the election Mayor Sam Jones, Mobile of all officers and the motion carried unanimously. The President Mayor Howard Shell, Atmore declared all officers elected. Mayor Jamie Tillery, Bay Minette Mayor Tommy Battle of Huntsville was called upon to present Mayor Howard Rubenstein, Saraland Mayor G. Richard Long, Jackson the report of the Site Selection Committee. He stated that the Second Congressional District: League Convention would be held in future years as follows: May Councilmember Charles Meeks, Troy 19-22, 2012, Birmingham; May 18-21, 2013, Montgomery; May Mayor Fred McNab, Pinckard 3-6, 2014, Mobile; May 2-5, 2015, Tuscaloosa; and May 14-17, Councilmember Mike Renager, Prattville 2016, Huntsville. Mayor Battle of Huntsville moved adoption Councilmember Russell Chandler, Tallassee of the report, which was seconded by Mayor John McGowan of Mayor Jay Jaxon, Eufaula Union Springs. The Site Selection Committee report was approved. Third Congressional District: There being no further business, the meeting was adjourned. Mayor Todd Strange, Montgomery Ken Smith, Acting Secretary n

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