Alabama Attorney General Opinion 1979-0066

OFFICE OF THE ATTORNEY GENERAL 1,1.4'55 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE ATTORNEY GENERAL ADMINISTRATIVE SUILDING 04 NORTH UNION MONTGOMERY. A 311100 AREA (200(, 134.3100 MAR 1 9 iff-t? WILLIAM M. SENURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL r19- cooto ti, JANIE NOSLES ADMINISTRATIVE ASS Mr. George Allen Desmond Chairman, Bibb County Commission Room 15, Community Activity Building 103 Davidson Drive Centreville, Alabama 35042 Counties - Bibb - Commission meeting Bibb County - Meetings of County Commission may be held on 2nd and 4th Tuesday if such days are in 2nd and 4th weeks of each month. Commission must meet on 2nd Monday each month. Dear Mr. Desmond: Your request of February 19, 1979, pertaining to meeting days of your County Commission, has been received as follows: "The Bibb County Commission meets the second Monday and last Friday of each month. We would like to change our regular meetings to the second and fourth Tuesday of each month. What procedure must we follow to make this change? Must we have local legislation passed or can the Commission make the change by resolution? " • Mr. George Allen Desmond Chairman, Bibb County Commission Page Two Act #710 Acts of Alabama 1965, page 1313,in pertinent part, provides as follows: "The court of county commissioners, board of revenue or like governing body of each such county shall hold regular meetings during the second and fourth weeks in each month of the year on a day to be determined, from time to time, by the county governing body, and at such other times as are now provided by law." Code of Alabama 1975,. S11-3-8 provided as follows: "Regular meetings of the county commission shall be held on the second Monday in each month of each year; provided, that the provisions of this section shall not apply to any county of . this state having a population according to the 1930 federal census of 50,000 or more." Therefore, it is the opinion of this office that the County Commission of Bibb County may, in its discretion, meet on the second and fourth Tuesday in each month provided those days occur during the second and fourth weeks in each month. The County Commission must also meet on the second Monday of each month. The research in this office revealed the following:Act #481, Acts of Alabama 1949, page 700, is a local act providing the meeting days of Bibb County Commission to be held during the second and fourth weeks of each month; the meeting days to be named by the County Commission; and "at such other times as are now provided by law". Act #710, Acts of Alabama 1965, page 1313, purports to be a Mr. George Allen Desmond Chairman, Bibb County Commission Page Three general act with local application and has a population classi- fication of not less than 13,650 and not more than 14,350. This Act provides for the same meeting days as the said Act #481. The 1960 Federal census established the population of Bibb County at 14,357. Therefore said Act #710 did not apply to Bibb County. However, the 1970 Federal census established the population of the county at 13,812 and said Act #710 is now effective for Bibb County. This opinion does not include reference to special meetings as provided in Code of Alabama 1975, S11-3-9, nor does our research reveal any change from the provisions of said Act #710 (1965). Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL bY- 4 / 4 ,t •1.), ucto Randolph G.:)Lurie Assistant Attorney General RGL;cd