Restoring Balance: Legislative Efforts to Amend the Birmingham Mayor-Council Act

Background: Shifting Power in Birmingham

In 2016, the Alabama legislature enacted amendments to the Birmingham Mayor-Council Act of 1955 at the request of then-Mayor William Bell. These changes were passed by members of the Jefferson County Delegation in the Alabama House, with the bill passing by a vote of 8-2. The representatives voting in favor were Robinson, Jim Carns, Danny Garrett, Juandalynn Givan, Mary Moore, Connie Rowe, Kyle South, and Tim Wadsworth. Representatives John Rogers and Rod Scott voted against the measure. The result of the legislation was a dramatic transfer of authority from the Birmingham City Council to the mayor, consolidating budget and appointment powers and leaving the council with diminished influence in city governance.

Council Response and Community Concerns

These amendments, enacted without council support, were met with significant concern from the Birmingham City Council and the broader community. In January 2019, the council unanimously approved a resolution expressing their opposition to the 2016 changes and called upon the state legislature to repeal them. The council argued that the amendments had severely limited their role in overseeing city affairs, particularly in areas related to budgeting and appointments. Community discourse during municipal election forums underscored the widespread desire to restore a balance of power in Birmingham's government.

Current Legislative Efforts to Restore Council Authority

As of October 2025, State Representative Juandalynn Givan has announced plans to prefile a bill for the 2026 Alabama legislative session aimed at reversing the 2016 amendments and restoring powers to the Birmingham City Council. The draft bill, summarized by Thurston "Tripp" Reynolds, Legislative Attorney with the Alabama Legislative Services Agency – Legal Division, proposes several substantive changes, including:

• Granting the council authority to establish administrative departments

• Removing the requirement for council actions to have the written approval of the mayor when creating, changing, or abolishing offices, departments, or agencies

• Mandating that the mayor prepare and submit reports as requested by the council

• Requiring the mayor to notify the council within five days of entering into any new contract on behalf of the city

• Subjecting new department director appointments to council confirmation

• Allowing the council to make changes to the city's budget without needing the mayor's written approval

• Permitting the council to participate in the appointment or removal of city employees and communicate directly with them

The Call to Restore Balance in Birmingham

There is a strong sentiment among Birmingham's citizens and leaders that the current concentration of power in the mayor's office is unhealthy for the city's governance. The promise to restore balance, made by the current mayor during his election campaign, has yet to be fulfilled. The movement to pass this new bill represents a critical opportunity to correct what many see as an imbalance in Birmingham's city government. Advocates argue that no individual should wield unchecked authority over the city, and the passage of this legislation is essential to reestablishing the separation of powers and ensuring effective checks and balances in Birmingham, Alabama.

Richard Rutledge is a Birmingham resident and the Chairman, of the Conservative Party of Alabama

Opinions expressed are those of the author and do not necessarily reflect the views of the Alabama Gazette staff or publishers.