Section 11-3-1

Created; composition; election and term of office of commissioners; meeting following election.

(a) Unless otherwise provided by local law and as otherwise provided in subsection (b), there shall be in every county a county commission, composed of the judge of probate, who shall serve as chairman, and four commissioners, who shall be elected at the time prescribed by law and hold office for four years until their successors are elected and qualified.

(b) Beginning with the next term of office for each county commissioner, the term shall expire on the first Monday following the day of the general election at which the successor to that office is elected. Thereafter each county commissioner shall hold office from 12:01 A.M. of the first Tuesday following his or her election and until his or her successor is elected and qualified. This subsection shall apply to all counties and may not be altered by local law.

(c) Any other provision of law to the contrary not withstanding, each county commission shall meet on the first Tuesday following the election of any one of its number whose term commences on that day pursuant to the provisions of subsection (b). The meeting shall be in lieu of any meeting of the county commission required by law to be held within the same calendar week and shall be in all respects and for all purposes a regular meeting of the county commission. The county commission shall not meet following the election of any one of its number until the meeting provided by this subsection, unless there is a declared emergency.

An emergency may be declared for the purposes of this subsection upon a unanimous vote of the entire membership of the county commission.

(Code 1852, §697; Code 1867, §825; Code 1876, §739; Code 1886, §819; Code 1896, §951; Code 1907, §3306; Code 1923, §6748; Code 1940, T. 12, §5; Acts 1980, No. 80-808, p. 1663; Acts 1989, No. 89-301, §1; Acts 1997, No. 97-640, p. 1170, §1.)