Under Alabama law, the power to appoint officers and employees in a city depends on whether that authority is given to the mayor or the council.

In a mayor-council form of government (like Margaret’s), the state code sets these key rules:

• Section 11-43-81, Code of Alabama 1975 – The mayor “has general supervision and control of all officers and affairs of the city or town” and the power to appoint all officers whose appointment is not otherwise provided for by law.
• Sections 11-43-3 and 11-43-4 – The city council may, by ordinance, elect or set the method of election for specific “officers” of the city (like the clerk, treasurer, or police/fire chief). If the council passes no ordinance covering a position, the appointment authority stays with the mayor.

In short:

The mayor appoints unless a state statute or city ordinance specifically gives that appointment to the council.

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⚖️ The 2011-2012 Legal Change That Matters

For decades, the Alabama Attorney General had said a city council could pass an ordinance transferring appointment power from the mayor to the council.
That changed with the Alabama Supreme Court’s 2011 decision in Scott v. Coachman (73 So.3d 607).

In Coachman, the Court ruled:

A council cannot take away the mayor’s appointment authority under §11-43-81 by ordinance.
Only the state legislature, not a city ordinance, can alter who has the power to appoint.

This decision made prior ordinances that gave councils appointment power unenforceable unless they were based on a specific state law.

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🧾 What Margaret Did in 2012

Margaret’s 2012 ordinance attempted to reassign appointment powers – likely giving the council or joint approval authority over positions that, by law, belong under the mayor’s supervision.
This type of ordinance would have been valid before 2011, when councils could “otherwise provide by ordinance.”

However, after Coachman (2011), the law became clear:

Municipal ordinances cannot strip the mayor of state-granted appointment authority.

So, even if Margaret’s 2012 ordinance is still on the books, it is now invalid and unenforceable, because it conflicts with state law as interpreted by the Supreme Court.

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What This Means Today

In the City of Margaret:

• The mayor appoints department heads and other officers unless a state statute gives that power to the council (like judges under §12-14-30 or clerks under §11-43-4).
• The council may confirm or approve contracts and set salaries but cannot control or veto the mayor’s day-to-day appointments.
• Any ordinance from 2012 or before that took appointment power away from the mayor is superseded by state law and has no legal effect.

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🏁 In Summary

Role	Authority	Legal Source
Mayor	Appoints all officers not otherwise provided by law	§11-43-81, Code of Alabama
Council	May set by ordinance the election or duties of specific officers (like clerk, treasurer)	§11-43-3, 11-43-4
Limit	Council cannot override mayor’s state-granted appointment authority	Scott v. Coachman (2011)

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In plain terms:
Margaret’s 2012 appointment ordinance may remain in the city’s record book – but under current Alabama law, the mayor’s appointment authority stands, and the ordinance is legally void.