How the Mayor’s Appointments and the Organizational Ordinance Shape City Government

When a new mayor takes office, one of the first and most important steps in setting up effective city government is the organizational process – establishing how City Hall operates, who leads each department, and how accountability is structured. This framework begins with two key elements: appointments and the organizational ordinance.

The Mayor’s Appointment Authority

Under Alabama’s mayor-council system (Title 11, Chapter 43, Code of Alabama 1975), the mayor serves as the city’s chief executive officer. This means the mayor has the responsibility to appoint and oversee department heads and direct reports, subject to local rules and council confirmation.

In practical terms, this authority includes:

• Appointing department heads and officers
• Supervising city operations and ensuring policies adopted by the City Council are carried out
• Recommending appointments for boards and commissions that support city planning, zoning, and development

These appointments help set the operational direction of city government by naming department leaders who manage day-to-day services such as public safety, utilities, and administration. The goal is to create a foundation for this administration based on state and federal law that will guide the city forward.

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Legal Sidebar

In 2012, Margaret passed Ordinance No. 2012-115A, which stated that the City Council would be the sole appointing authority for all municipal officers and department heads. However, under Code of Alabama §§11-43-3 and 11-43-81, that ordinance conflicts with state law.

State law makes clear that:
• The mayor of a city operating under the mayor-council form of government is the appointing authority for all municipal officers except those offices that state law specifically assigns to the council.
• Any ordinance that attempts to make the city council the sole appointing authority for department heads or other executive officers conflicts with state law and is void to that extent.

The Alabama Supreme Court reaffirmed this in Scott v. Coachman, 73 So. 3d 607 (Ala. 2011), holding that councils cannot by ordinance remove or assume appointment powers that state law grants to the mayor.

Accordingly, Ordinance No. 2012-115A of the City of Margaret is inconsistent with state law and has no legal effect with respect to mayoral appointments of department heads and officers.

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The Council’s Fiscal and Oversight Role

While the mayor appoints and manages department leadership, the City Council holds key responsibilities for funding and oversight. The council approves appropriations through the budget process and must authorize any expenditures not already approved by ordinance.

Under Section 12 of Margaret’s Organizational Ordinance (2020-1102), any ordinance or resolution requiring the expenditure of city funds must be brought before the council for review and approval.

In short:
• The mayor appoints department heads and supervises operations.
• The council funds those departments, sets the budget, and ensures fiscal responsibility.
• Both branches must work together to keep city services running effectively and transparently.

At present, the City of Margaret does not yet have a finalized municipal budget, but that process is underway, and the new administration will soon present a proposed budget for public review and council adoption. That update will be shared soon.

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The Organizational Ordinance: Setting the Ground Rules

Margaret’s Organizational Ordinance outlines how the council and mayor work together. It defines:
• The schedule for regular meetings
• Rules for public comment, agendas, and executive sessions
• The process for adopting resolutions and ordinances

When the mayor submits appointments (for example, naming a new City Clerk or Police Chief), those appointments are presented to the council for approval during an organizational or regular meeting. Once approved, those leaders are officially empowered to serve on behalf of the city.

This process ensures:
• Transparency – all appointments are made publicly and recorded in council minutes.
• Accountability – both the mayor and council have defined, complementary roles.
• Continuity – city operations can move forward smoothly after election transitions.

These procedures ensure that every decision – from hiring a fire chief to approving a road project – happens in public view and under clear, consistent rules.

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Why It Matters

The mayor’s appointment and organizational authority shape how effectively City Hall operates. Strong, qualified department heads ensure consistent, reliable service – from public safety to infrastructure maintenance to financial management.

For residents, this process isn’t just administrative – it’s how your local government sets the tone for the next four years. A clear structure, grounded in law, allows Margaret to function smoothly, respond quickly to community needs, and plan responsibly for growth.

When residents see department leaders sworn in or budgets approved, they are witnessing the balance of local democracy in action:
• The Mayor brings forward qualified professionals to lead and serve.
• The Council ensures that every dollar spent is publicly authorized and properly accounted for.

Together, these checks and balances keep Margaret’s government responsive, accountable, and prepared for the future.