FAIRHOPE, Ala. — The Alabama League of Municipalities disagrees with Mayor Tim Kant’s claim that he has the power to veto the City Council’s appointment of a police chief.

“The mayor wouldn’t have the right to veto an appointment,” said Lori Lein, deputy general counsel with ALM.

On Friday, Kant said he did have that veto power over the council’s appointment expected to occur June 22 following a round of public interviews with the six finalists for the police chief job.

“I don’t see any way for the mayor to veto an appointment that’s made pursuant to this section,” Lein said Monday, referring to the ordinance that establishes the council as the appointing authority for the police chief position.

“He only has the power to veto ordinances that are of a general and permanent nature,” she said.

The ALM’s Handbook for Mayors and Councilmembers states that such ordinances constitute “legislative acts as distinguished from an act of a temporary nature for the disposition of the administrative business of a municipality.”

Kant has exercised that kind of veto twice in the past year, once over salary increases for city officials and the other for creation of a municipal sales tax, both of which were overruled by the council.

An Alabama Attorney General opinion cited in the ALM handbook states that the appointment of a police chief is of a temporary nature and therefore not subject to the veto power of the mayor.

When contacted Friday, City Attorney Tut Wynne said he did not know whether Kant had that veto power because he had not been asked the question before and had not researched the issue.

On March 9, the council adopted an ordinance signed into law by Kant, which includes a section stating “the council shall also be the appointing authority for the following appointed positions of the City of Fairhope: the chief of police; the municipal judge; the city attorney; and the city prosecutor. … At the end of such appointed officials’ terms of office, the city council, in its sole discretion, may re-appoint for another term, or appoint and elect another person to fill such position.”

Another section of that ordinance established the council as appointing authority for a number of other city positions, but also stated that “the council will seek the mayor's recommendation in exercising the city council's appointing authority for these positions.” However, that language was not included in the section regarding the appointment of police chiefs.

The section which provides for the council to seek the mayor’s recommendation also “delegates to the mayor the authority to discipline and to dismiss these employees subject to the Personnel Rules, Policies and Procedures of the city,” but also includes a right of appeal from those decisions by the mayor to the council. However, it does not include that delegating language in the section regarding police chief appointments, reserving all removal powers for that position to the council.

On Jan. 22, Police Chief Terry Sanders was appointed on a temporary basis pursuant to a resolution adopted by the council and signed by the mayor that day. The resolution states Sanders was hired for three months, “and in the sole discretion of the City Council, continuing thereafter until the City Council appoints a regular Chief of Police.”

It is unclear on what legal authority Kant claims he does have the power to veto the council’s appointment of a new police chief.

He did not respond to a call seeking comment for this story.

“I don’t see anything in the ordinance that gives the mayor the final say on the appointment,” Lein said.