Code of Alabama

Ala. Code § 11-43-4 (2026)

Election of Clerk, Etc., in Towns and in Cities Having Less Than 6,000 Inhabitants; Filling of Vacancies in Council Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026

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In cities having a population of less than 6,000 and in towns, the council shall elect a clerk and fix the salary and term of office, and may determine by ordinance the other officers of the city or town, their salary, the manner of their election and the terms of office, and shall fill all vacancies in the council by a majority vote of the council; and all members of the council may vote to fill vacancies any provision of law to the contrary notwithstanding. The clerk and such other officers elected by the council shall serve until their successor or successors are elected and qualified.

(Code 1907, §1067; Acts 1919, No. 448, p. 687; Code 1923, §1759; Code 1940, T. 37, §406; Acts 1951, No. 290, p. 583; Acts 1981, No. 81-627, p. 1043; Acts 1984, No. 84-286, p. 497, §1.)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1987–2023 · leading case: Potter v. City of Hanceville (In Re Potter), 354 B.R. 301 (Bankr. N.D. Ala. 2006).

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Potter v. City of Hanceville (In Re Potter), 354 B.R. 301 (Bankr. N.D. Ala. 2006). · cites it 5× “Ala.Code § 11-43-4 (1975), as amended, provides as follows: § 11-43-4.”

City of Brighton v. Gibson, 501 So. 2d 1239 (Ala. Civ. App. 1987). · cites it 3× “The City’s reliance upon Ala.Code (1975), §§ 11-43-4 and 11-43-7, is misplaced.”

Scott v. Coachman, 73 So. 3d 607 (Ala. 2011). · cites it 3× “” The Court of Civil Appeals in City of Brighton did, however, go on to explain that the power to hire and fire resided with the mayor in that case because there was no contrary statutory authority: “The City’s reliance upon Ala.Code (1975), §§ 11-43-4 and 11-43-7, is misplaced.”

Mitchell v. Town of Hayneville, Alabama (M.D. Ala. 2020). · cites it 3× “But § 11-43-4 of the Code of Alabama and opinions interpreting that provision do address the latter question.”

Mitchell v. Town of Hayneville, Alabama (M.D. Ala. 2023). · cites it 2× “Code § 11-43-4 (“The clerk and such other officers elected by the council shall serve until their successor or successors are elected and qualified.”

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