Initiative and Referendum
The
Association opposes any effort to establish a procedure for citizens to
initiate the enactment, repeal, or amendment of any laws that would
impact county government or actions taken by the county commission.
Recall of Elected Officials
The Association opposes any legislation that would allow for the recall of any elected officials in Alabama.
Property Rights
The Association opposes any
legislation related to individual property rights that would
unnecessarily and unreasonably impede the ability of county government
to protect the health, safety and welfare of its citizens, and to carry
out its responsibilities as required by the state and federal
governments, or that would result in civil action against counties when
carrying out such duties.
Condemnation
The Association supports the
utilization of condemnation powers by county governments in order to
provide governmental services to Alabama’s citizens and opposes efforts
to enact new constitutional limits on the legitimate utilization of
condemnation for governmental purposes.
Responsibility for Federal and State Functions
The
Association opposes any legislative or administrative efforts to
require counties to assume or assist with any programmatic or financial
responsibility for any current or future federal or state programs or
functions, such as operation of the judicial system, environmental and
public health programs, state corrections, voter registration, or
federal or state assistance programs.
Adoption of Emergency Rules by State Agencies
The
Association opposes the adoption of emergency rules by state agencies
unless a significant emergency exists that can be corrected only by the
adoption of the rule in question. The Association further calls on state
agencies to utilize the statutory procedure for the adoption of all
rules to ensure public comment and input of Alabama’s taxpayers and
local governments.
Changes in County Budgeting Laws
The Association
opposes any legislation to amend the statutory provisions in the law
related to the adoption and administration of the county’s budget.
Open Meetings Law
The Association opposes any legislation proposing substantive changes to the Open Meetings Law enacted in 2005.
Open Records Law
The Association opposes
any legislation to rewrite Alabama’s Open Records law in a manner that
would create unnecessary administrative burdens on governmental
entities, allow for frivolous lawsuits to be brought against
governmental entities, or provide for fines or penalties against public
officials acting in good faith. Additionally, any legislation
amending current law must include liability protection for the good
faith actions of the county and its officials and employees.
Publication of Public Documents
The Association
supports legislation amending Alabama law to provide that any
requirement to publish county documents or records in a newspaper can be
satisfied by making such documents available to the public via the
Internet and/or by publishing notice in the local newspaper identifying
where legal notices are available online and where copies of such
notices may be obtained.
Protection of Social Security Numbers
The
Association does not oppose legislation authorizing the redaction from
government records of Social Security numbers and other personal
information which can lead to identity theft, provided local offices are
not mandated to redact this information and any such legislation
provides liability protection to counties and other governmental
entities for good faith actions or inactions of government officials or
employees related to release of public records.
Alabama Trust Fund
The Association strongly
opposes any legislation which would authorize the withdrawal of the
principal of the Alabama Trust Fund or that would divert any future
royalty or lease payments currently being deposited into the Alabama
Trust Fund.
Alabama County and Municipal Government Capital Improvement Trust Fund
Alabama’s
constitution has established an advisory committee to recommend
investment and operational recommendations regarding the Alabama County
and Municipal Government Capital Improvement Trust Fund. The
Association appoints three members to this committee. The Association
urges the Board of Trustees of the Alabama Trust Fund to carefully
consider recommendations from this committee and to seek its input and
participation on issues relevant to the fund’s operation.
Referendum on Diversion of Alabama Trust Fund Revenue
The
Association recommends a “no” vote on the constitutional amendment
proposed by Act 2013-266, which would increase bonding authority paid
from principal in the Alabama Trust Fund by $50 million resulting in the
diversion of up to $74 million in Alabama Oil and Gas Capital Payments
otherwise required to be deposited into the Alabama Trust Fund.
Although the proposed amendment authorizes the expenditure of such
revenue for the payment of bonds for capital improvements to Alabama
National Guard armories, the Association believes the further withdrawal
of any principal or the diversion of any future income violates the
intent of the trust and damages the financial stability of county
governments that depend on the annual trust income.
The Future of the Alabama Trust Fund
Alabama
counties and cities each utilize the distribution of 10 percent of the
annual income of the Alabama Trust Fund for important capital
improvement projects at the local level. The Association has
consistently opposed legislative efforts to withdraw portions of the
corpus of the Alabama Trust Fund as such withdrawals produce a permanent
reduction of annual revenue to every county in the state. In 2000
Alabama voters established the County and Municipal Government Trust
Fund, which is used to provide counties and cities with interest income
that would have otherwise been lost from the expenditure of the corpus
of the Alabama Trust Fund. The Association believes the
distributions to counties and cities can, ultimately, only be protected
from future expenditures by enacting a constitutional amendment which
shifts 20 percent of the corpus of the fund and 20 percent of all future
oil lease and royalty payments into the County and Municipal Government
Trust Fund. The separation of the existing and future revenue
into two distinct trust funds would protect local revenues while
enabling the State of Alabama to utilize the state-portion of the
Alabama Trust Fund as allowed by other referendums. The
Association will actively oppose the passage of any proposed
constitutional amendments allowing the expenditure of Alabama Trust Fund
corpus unless such legislation also includes language ensuring that
counties will no longer be impacted by such expenditures.
Legal Fees or Fines against Counties
The
Association opposes any legislative or administrative effort to allow
parties to collect attorneys’ fees or other legal expenses from county
government and opposes legislation imposing fines against public
officials, unless the fines are only against those officials who
willfully and knowingly fail to carry out their duties.
Insurance Coverage
The Association opposes any
legislation that would authorize any county public official to purchase
liability or workers’ compensation insurance for themselves or employees
working under their supervision.
Examiners of Public Accounts
The Association
opposes any legislation that would remove the requirement that county
financial records be audited by the Department of Examiners of Public
Accounts. Additionally, the Association opposes any legislation
that would alter the structure or management of the Department or remove
Department employees from the state merit system.
Alabama’s Immigration Law
The Association
recognizes the positive impact of the changes made to Act No. 2011-535
during the 2012 Legislative Session and supports the court settlement
prohibiting enforcement of the requirement for state and local law
enforcement personnel to investigate the lawful status of certain
persons detained for traffic violations or other minor offenses or
persons alleged to be assisting illegal immigrants in some manner. The
Association opposes any legislation that would reinstate this
provision. However, the Association supports any changes to the
current law that would ease the administrative burdens on all levels of
government or address the cost of implementation and
compliance which places significant financial burdens on counties,
particularly in the area of law enforcement and maintenance of the
county jail.
Mental Health Facilities
There has been a
significant downsizing of state mental health programs in recent years,
creating a dangerous situation for those in need of treatment,
increasing the burden on local government to provide such services, and
resulting in an increase of mentally ill persons housed in the county
jail due to the lack of programs and facilities for proper
placement. The Association urges the State to properly fund state
mental health programs, including providing adequate bed space and
treatment for the acutely and chronically mentally ill. Further,
the Association opposes any efforts to require county government to
assume responsibility for the care and treatment of mentally ill persons
who by statute should be receiving adequate services in the custody or
care of the state.
School Bus Camera Programs
The Association
opposes any legislation promoted by private vendors to establish a
process for civil enforcement of school bus violations administered by
the county commission or sheriff’s office with the use of school bus
cameras or other automated devices; provided, however, that the
Association would be willing to work on such a proposal if initiated by
state or local school officials and developed through negotiations
between school officials and county government.
State Tax Refund Offset
The Association
supports legislation that would allow counties the authority to offset a
person’s state income tax refund for payment of debts due to the local
government such as delinquent solid waste fees or unpaid local taxes and
fees.
Local Constitutional Amendment Election
The
Alabama Constitutional Revision Commission has proposed changes to the
existing procedure for the holding of county-only referendums on
proposed local constitutional amendments. Currently, the
constitution allows any one member of the Alabama Legislature to force a
statewide vote on such local matters by casting a single “nay” vote on
the proposal. The commission has endorsed legislation to change
the threshold to at least three (3) negative votes in the Senate or at
least nine (9) negative votes in the House. The Association urges
the Alabama Legislature and voters statewide to approve this proposed
change.
Changes in Local Law Process
The Alabama
Constitutional Revision Commission has proposed changes to the current
process for passing local legislation. The commission’s proposal
provides for a shorter advertising period and allows for local
legislation to be amended during the legislative process, thus allowing
counties and legislators a meaningful opportunity to debate and
negotiate local bills during the legislative process. The
Association urges the Alabama Legislature and voters statewide to
approve this proposed change.
County Administrative Powers
The Constitutional
Revision Commission has proposed granting county government the
authority to adopt certain administrative powers without requiring
legislative approval. These powers would not include the power to
tax or regulate land use, but would allow the county commission to make
administrative decisions regarding the management and operation of the
county and to adopt certain programs beneficial to county
citizens. The Association urges the Alabama Legislature and voters
statewide to approve this proposed change.
Unfunded Mandate Amendment
Currently, the
constitutional provision protecting counties against unfunded mandates
exempts from its application bills which are “defining a new crime or
amending the definition of an existing crime.” This language has
been used to avoid the unfunded mandate protection by simply tacking on a
crime at the end of a bill that is otherwise administrative in nature. The
Association supports legislation to amend this constitutional provision
to correct this loophole by providing for the crime exemption to apply
only to the provisions of a law that define or amend a crime rather than
applying to the entire law.
Compensation of Officials and Employees
The
Association opposes any legislation authorizing or mandating increased
compensation for county officials or employees. Further, the
Association opposes any amendments to the Omnibus Pay Act.
Salary Supplements
The Association opposes any
general or local law mandating the county to provide a local salary
supplement to any state official or state employee whose salary is paid
by the State of Alabama.
Supernumeraries
The Association opposes the
creation of new supernumerary programs or the amendment of existing
supernumerary laws that would mandate an increase in county-paid
benefits to former elected officials or otherwise cause the programs to
be more of a financial burden on the counties.
Retiree COLAs
The Association supports periodic
increases for retired government employees provided language is included
to ensure that the county commission has the discretion whether to
grant an increase to its county retirees. The Association also
encourages the legislature to authorize counties to approve all or a
portion of the increase granted to state retirees.
Civil Service or Collective Bargaining Programs
The
Association supports legislation authorizing counties to establish and
adopt civil service systems, but opposes legislation that would require
the creation of such systems unless requested by resolution of the
county commission. In addition, the Association opposes
legislation authorizing or requiring collective bargaining for county
employees.
Changes in RSA Eligibility
Counties participating
in the Retirement Systems of Alabama are responsible for all employer
contributions and other costs required to participate as an
employer. This means the state does not contribute any of the cost
of county participation. Under these circumstances, the
Association urges the Legislature and the Retirement Systems of Alabama
to ensure that any statutory or regulatory retirement program changes in
contribution, benefits, or eligibility shall not apply to local
participants without approval of the county commission.
RSA Board of Control
The Association opposes any
legislation that would eliminate elected positions on the Retirement
Systems of Alabama Board of Control and/or that would eliminate local
government representation on the Board.
Workers’ Compensation Reform
The Association
supports reform of Alabama’s workers’ compensation law which has not
been revised in over twenty years. In particular, the Association
supports changes which would (1) adjust provider fee schedules, (2)
better address issues of medical causation and pre-existing conditions,
(3) revise rules for physicians dispensing prescription drugs, (4)
provide for an administrative dispute resolution process, and (5) make
any other changes which would reduce employer costs while ensuring
employees injured on the job receive proper benefits. The
Association opposes any legislation that would increase employer costs
for medical care or employee benefits without addressing the needed
programmatic changes in the current system.
Local Government Health Insurance Program
Most
county commissions provide health insurance coverage to employees
through the Alabama Local Government Health Insurance Program, which was
established by statute more than 20 years ago. The program is
administered by the Alabama State Employees’ Insurance Board without
local government representation. In part as a result of the
current uncertainty regarding compliance with the federal mandates for
health insurance coverage, the Association urges the Alabama Legislature
to establish a separate board to direct the operation of the local
government program.
Runoff Elections
The Association supports
legislation to return to a three week runoff in all elections when and
if an electronic overseas voting process is implemented which allows
overseas voters to complete the absentee election process in a more
timely manner. However, the Association opposes legislation that
would amend current law to eliminate or limit the circumstances in which
a runoff election is required.
Election Expense Reform
The cost of elections in
Alabama creates a significant drain on both the state and county general
funds, due in large part to statutory provisions requiring additional
compensation to election officials and procedures which could be
streamlined utilizing available technology. The Association
supports a comprehensive reform of certain Alabama election laws aimed
at eliminating waste and improving the election process in ways that
will greatly decrease the expenses incurred by state and county
government without negatively impacting the citizens’ ability to
participate in the election process.
Publishing Election Notices
The Association
supports legislation amending Alabama law to authorize counties to
satisfy the legal requirements for the publication of election notices
by posting information on a public web site and making copies available
at the courthouse.
School Tax Elections
The Association supports
legislation revising the ad valorem school tax election process to
include deadlines for local school boards to request elections and to
require school boards to pay for any special elections held for a vote
on proposed school tax measures, or in the alternative, to eliminate the
requirement that the county commission set and fund school tax
elections for municipal school systems.
Help America Vote Act
The Association opposes any
legislation to amend the federal or state Help America Vote Act,
particularly if such amendments would require states to replace voting
equipment purchased and alter state procedures implemented to come into
compliance with the requirements of the original act. However, the
Association supports legislation prescribing appropriate expenditures
for federal funds appropriated under the Help America Vote Act.
Campaign Finance Reform
With a statewide
committee working to ensure compliance with the Alabama Fair Campaign
Practices Act, including establishing a commission to review suspected
violations of the Act, the Association is concerned that the conduct of
candidates for local office is given appropriate consideration. The
Association encourages the committee to consider the abundance of local
races when establishing a reporting procedure for suspected violations;
to ensure the investigation of such reports are completed before
election day; and to provide for bipartisan and local representation on
the commission.
Counting of Write-in Votes
Alabama law requires
write-in votes to be counted on election night. This hand-counting
process is time-consuming and, in almost all cases, has no impact on
the outcome of the elections. The Association supports legislation
to provide that write-in votes be counted at the same time as
provisional ballots under one of two conditions: either the number of
write-in votes for a specific office is greater than or equal to the
difference in votes between the candidates receiving the most votes or,
before the date provisional ballots are counted, a request to count the
write-in votes has been received along with a bond to cover the cost of
the count.
Altering Voter Registration Deadline
Alabama law
currently provides that a person must register to vote at least 10 days
prior to an election in order to cast a ballot in that election.
The Association opposes any legislation that would change the deadline
for registering to more than 10 days vote prior to the date of an
election.
Qualifying Dates for Independent Candidates
The
Association supports legislation to require a person seeking public
office as an “independent” candidate to file the required petition
seeking ballot access no later than the last day of qualifying for those
seeking the nomination of a political party for the same office.