County Commission | The Magazine March 2019 | Page 38

NEWS YOU CAN USE
is going to consider an Amendment
909 program at its next regularly
scheduled meeting, and there will be
an opportunity for public comment.
At the subsequent regularly
scheduled meeting, there is a public
hearing about the proposal. Then the
commission can deliberate and vote.
If the commission decides
to revise the proposal, no vote
can be taken that day. Another
announcement is made that the
revised proposal will be considered at
the next regularly scheduled meeting,
and another public hearing will be
conducted.
What’s Off Limits?
Amendment 909 does
specifically identify several things
that are strictly off limits. The
amendment cannot be used to
establish programs that:
• Conflict with the constitution,
general law or local law
• Create or increase any taxes or fees
• Affect the private property rights
of any citizen or business
• Alter the constitutional or
statutory functions of an elected
official without their consent
Areas of Authority
In the area of animal control,
there are additional limitations.
Amendment 909 programs cannot
restrict the use of animals for the
purposes of hunting, farming, sale,
breeding or production of food
or fiber. Amendment 909 authorizes the
county commission in each
county, except Jefferson, to
administratively establish certain
programs, policies, and procedures
related to the county’s affairs
without having a specific general
law on the subject and without the
need for passage of a local law.
Backstory
The origins of Amendment 909
can be traced back to the work of
the Alabama Constitutional Revision
Commission in 2012, and ACCA
steered the proposal through the
Alabama Legislature in 2015.
“More than 70 percent of
Alabama voters supported this
amendment when it was on the
ballot in 2016,” Reynolds said.
“We looked at that as a signal
that the people trust their county
commissioners to make decisions at
the local level.” n Five limited authorities under
Amendment 909:
1. Address personnel matters in the
absence of state or local laws
authorizing such programs
2. Community programs for litter
control, including animal control
programs
3. Public transportation and public
road safety
4. Programs related to county
offices
5. Emergency assistance programs
Employee Recognition in Montgomery County
with Amendment 909
Last December, Montgomery County commissioners joined several hundred county employees for an
employee recognition luncheon that was funded with public dollars, an expenditure met with the blessing of the
Department of Examiners.
The menu featured turkey, dressing, sweet potatoes and other side dishes plus dessert, and the catering had
been competitively bid. The commission chair addressed the gathering, and employees with 30 or more years of
service to the county were recognized.
Although the event might sound straightforward and routine, Montgomery County actually made a little bit of
history that day as the first county to utilize Amendment 909 to the Alabama Constitution.
The county worked from the sample policy prepared by ACCA and announced during a commission meeting
what was planned, outlining the program and noting that the public would have an opportunity to speak on the matter.
At the next meeting, the commission took comments, voted to establish the program and set a program budget.
Amendment 909 programs have to be purposeful. “It can’t just be ‘Oh, we want to have a Christmas party,’” said
ACCA Legislative Counsel Terri Reynolds. “It has to be on some sort of schedule and with some intent behind it.”
“This was just a good fit for what the County Commission desired and the provisions of Amendment 909,”
said Administrator Donnie Mims. “It’s a very valuable program.”
38 | MARCH 2019