FAIRHOPE, Ala. — One of the issues that has been driving the pay raise squabble is whether Fairhope should no longer have a mayor who also serves as its director of public utilities, said several council members.

City Councilman Cecil Christenberry also mused recently about steps that might be taken to separate those positions.

But the city may need additional information before taking any such steps.

City Clerk Geniece Johnson presented the only document she could find at a recent council meeting as to how those positions were combined. That document was a resolution the council passed at the start of the current administration, which states the council can remove the mayor from that position at any time. But Johnson stated at that meeting that she could find no other legal authority for the combined position. Johnson has been unavailable to answer questions about recent events including the scope of her research.

However, there is both a state statute and city ordinance that address the issue. (See sidebar.)

“It doesn’t sound like the ordinance is in conflict with the statute,” said Lori Lein, deputy general counsel with the Alabama League of Municipalities. “I would say that since the ordinance says they can dispense with his services at any time, then they can do it that way. But I think the cleanest way would be to repeal the ordinance.”

Until a few weeks ago, there was no place a resident could go to read the most current version of the Fairhope Code, those ordinances that control how the city is run.

Now you can.

“I had a call from a patron,” said Cheryl Bradley, research manager at the Fairhope Public Library. “She was surprised that they weren’t updated. I checked and saw it hadn’t been updated in a while — in a long while.”

Bradley said she contacted the city clerk’s office.

“Previously, she didn’t have us on her distribution list,” she said. “Now she does.”

The library’s director said that updating the city code is one of many enhancements the reference area is undergoing now.

“Now that we’re finally settling into the library, we’ve been working on updating our reference materials,” said Ilse Krick, director of the the FPL. “The clerk’s office was extremely helpful.”

Krick said that library visitors can fill out a form to request such additions to the library stacks and reference materials, and that they hope to have that service available online soon.

“I told (the patron) that we would do something about getting the code updated and we did,” Bradley said. “The city is also in the process of transcribing (the code) to make it available online.”

Assistant City Clerk Lisa Hanks confirmed that she is currently working to have the city code placed on the city’s Web site. But it’s a big job. And that office has a small staff.

Once that happens, Fairhope will join a number of Alabama cities that has all of its laws available online.

Currently, all state laws are easily accessible online.

Relevant law

Section 11-43-80, Alabama Code (Mayor’s powers and duties generally; salary; as superintendent of municipal light, water, sewage, etc., systems)

Section 11-43-80 (b), Alabama Code (1975)

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…

Section 11-43-80(c), Alabama Code (1975)

In municipalities which own and operate light and power systems, municipal water systems, municipal sewage systems and municipal gas systems, one or any of them, may, by resolution of the governing body duly entered in its minutes, require the mayor to act as superintendent of such system or systems and to give so much of his time thereof as the governing body may direct….The governing body, board or municipal corporation may, at any time it deems best, dispense with the mayor's service as superintendent.

Section 21-1, Fairhope Code (Superintendent - Mayor designated; duties)

The mayor of the city is hereby required to act as the full-time superintendent of the City of Fairhope Utility System and…keep a full and complete monthly financial statement of all operating costs and receipts, keep a proper inventory of the physical assets of such system, and have all such data and information relative to such system available for the city council at its first meeting in each calendar month.

Section 21-3, Fairhope Code (Same - Discontinuance of mayor’s services)

The city council may at any regular meeting or special meeting called therefor, discontinue the services of the mayor as superintendent of the utility system, and in the event of such discontinuance of his services as such superintendent of such system, all compensation authorized to be paid in section 21-2 hereof shall lapse.