Alabama Attorney General Opinion 1979-0063

-.OFFICE OF THE ATTORNEY GENERAL ,,:KBA4, 9 (3... 00065 1:1-/ 5-3 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEC L. MALE DEPUTY ATTORNEY GENERAL WILLIAM N. DEMURS. JR. EXECUTIVE ASSISTANT ADMINISTRATIVE •UILDING £4 NORTH UNION MONTGOMERY. ALASAMA AREA (2011.1134.111110 WALTER S. TURNER CHIEF" ASS' ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSI Honorable Hugh Allen Mayor City of Demopolis Post Office Box 580 Demopolis, Alabama 36732 Municipalities--Mayors--Salaries Council may set only one salary for mayor. Dear Mayor Allen: This office has received your opinion request as authorized by the Resolution of the City Council of Demopolis. Your request presents two questions. First, may the City of Demopolis set both a full-time and part-time salary for Mayor? If so, would a person be required to state that he or she would either be full or part-time when they qualified to run for office? Code of Alabama 1975, §11-43-80(b) states: The mayor shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election. This office has found no other statute dealing with the amount of salary of the mayor. Additionally, no statute requires that a mayor devote full-time to his duties. • Honorable Hugh Allen Page Two It is axiomatic that the salary of the mayor should be commensurate with the duties and responsibilities of the mayor. The Alabama Legislature has seen fit to place upon the City Council the duty of setting that salary, but has not, as set forth in an Opinion to Hon. William Willis, City Councilman of Lanett under date of January 21, 1960 (copy enclosed), given to the council the authority to condition the amount of that salary on the amount of time he or she devotes to mayoral duties. It is therefore, the opinion of this office that the council may set only one salary for the mayor. This response makes unnecessary an answer to your second question. I do hope that this fully answers your question. If, how- ever, this office may be of further assistance, please do not hesitate to call on us. Sincerely yours, CHARLES A. GRADDICK Attorney General By- CAROL JEAN' SMITH Assistant Attorney General CJS/dwm Enclosure