(a)(1) Any person appointed to office in any city or town may, for cause, after a hearing, be removed by the officer making the appointment.
(2) The council of the municipality may remove, by a two-thirds vote of all those elected to the council, any person in the several departments for incompetency, malfeasance, misfeasance, or nonfeasance in office and for conduct detrimental to good order or discipline, including habitual neglect of duty.
(b) Notwithstanding subsection (a), in municipalities having a population of less than 12,000 inhabitants, according to the last or any subsequent federal census, the mayor may vote on the removal of any person appointed to office in the municipality pursuant to subsection (a) and the mayor shall be considered as a member of the council in determining whether there is a two-thirds vote of the council for the removal of the officer.
(Code 1907, §1172; Code 1923, §1888; Code 1940, T. 37, §451; Act 2009-402, p. 729, §1.)
Notes of Decisions
City of Orange Beach v. Duggan, 788 So. 2d 146 (Ala. 2000).
· cites it 8× “They assert that Ala.Code 1975, § 11-43-160, requires that the pretermination decision to remove an officer of a city or town be made by the appointing officer.”
Lumpkin v. City of Lafayette, Ala., 24 F. Supp. 2d 1259 (M.D. Ala. 1998).
· cites it 7× “Subsequently, the Plaintiff filed a Second Amended Complaint to add claims for breach of contract and a violation of Alabama Code § 11-43-160. In the breach of contract claim, the Plaintiff asserts that he entered into a contract with the City of Lafayette on November 6, 1990,…”
Hammonds v. Town of Priceville, 886 So. 2d 67 (Ala. 2003).
· cites it 11× “Ala.Code 1975, § 11-43-160 provides, in pertinent part: “The city council may remove, by a two-thirds vote of all those elected to the council, any [person appointed to office in the city].”
Gray v. City of Evergreen, Alabama (S.D. Ala. 2025).
· cites it 12× “§ 1981 ; (4) and declaratory judgment relief based on a violation of due process and Alabama Code § 11-43-160. (Doc. 1-2). Gray’s Title VII claim only remains against the City of Evergreen.”
Mitchell v. Town of Hayneville, Alabama (M.D. Ala. 2020).
“Code § 11-43-160 (a)(2). Law-enforcement officers, including police chiefs, are also specifically entitled to a hearing before being suspended or terminated.”
Mitchell v. Town of Hayneville, Alabama (M.D. Ala. 2023).
“Code § 11-43-160 (a)(2) (provisions for termination of appointed city officials after for-cause hearing); §§ 11-43-230 to -231 (provisions for pre-disciplinary hearing prior to suspension or termination of certain city employees).”
Demastus v. City of Phil Campbell, 519 So. 2d 1359 (Ala. Civ. App. 1987).
“We agree with the trial court’s judgment of the city’s action that such malfeasance is sufficient ground for dismissal under § 11-43-160, Code 1975. The trial court therefore correctly determined that no issue of material fact existed and that its grant of summary judgment in…”
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