Alabama. State Docks Dept. (1955- ).

Authorities:

Ala. Government Manual. Sixth edition. Atlanta: Darby Printing Company, 1982.

Ala. Official and Statistical Register, 1979. Montgomery: Skinner Printing Compnay, 1979.

Code of Ala. 1975. 33:2:1-33:2:166. Charlottesville: The Michie Company, 1977.

Markley, Ann Ethelyn. Author Headings for the Official Publications of the State of Ala. Chicago: American Library Association, 1948.

State Docks Dept., Annual Report, 1981.

Toulmin, Harry. A Digest of the Laws of the State of Ala. New York: J. & J. Harper, 1823.

The Ala. State Docks Dept. is the statutory agency authorized to promote, supervise, control, manage, and direct the State Docks and all other State lands and waterways within the jurisdiction of the Dept. (Ala. Government Manual, p. 316). Earlier agencies which performed the duties of the State Docks Dept. were the Harbor Master and Wardens of the Port of Mobile (1818-1915); the Commissioners of Pilotage of the Bay and Harbor of Mobile (1848-1870); the Board of Harbor Commissioners (1860-1867); the Board for the Improvement of the River, Harbor, and Bay of Mobile (1867-1915); and the Mobile River Commission (1887-1915). The State Harbor Commission was created in 1915 to perform the duties previously performed by Board for the Improvement of the River, Harbor, and Bay of Mobile and the Mobile River Commission.

The State Harbor Commission consisted of seven members appointed by the Governor. Two members held office for three years, two for four years, one for five years, and one for six years. Thereafter their successors served five-year terms. It was required that five members be residents and prominent businessmen from Mobile Co. and that the remaining two members be prominent businessmen and residents of Jefferson, Walker, or Tuscaloosa counties. Each commissioner was required to give bond in the sum of five thousand dollars for the faithful performance of his office.

The commissioner, first appointed for seven years, was designated to serve as president and chief executive officer of the Commission. It was his duty to preside at all meetings; to supervise the conduct of all officers and employees, expecially the collection and disbursement of revenues; to ensure that all books and accounts were accurately kept; and to make certain that all regulations of the Commission were enforced.

The Commission was required to meet at least once a month, and was authorized to employ a secretary, treasurer, a chief wharfinger, deputy wharfingers, collectors, attorneys, clerks, and other employees.

The State Harbor Commission exercised jurisdiction over the waters and shores of Mobile Bay, the Mobile River, and all tributary streams flowing in Mobile Bay and the Mobile River as far as the outer bar below Fort Morgan.

The Commission was authorized to own, lease, acquire, maintain, use and operate wharves, piers, docks, quays, and warehouses, and to build, own, and operate railroad lines, yards, bridges, trestles, and causeways to expedite the handling, storage, and transportation of goods, wares, or merchandise.

The Commission was authorized to make and collect reasonable charges for the performance of any service rendered under its authority, all charges for transportation subject to the control of the Ala. Railroad Commission.

The Commission was authorized to issue bonds for the purpose of making purchases or constructing facilities. The State was not liable for the payment of such bonds or the interest thereof.

The Commission was required to construct and maintain wharf harbor lines, open to the use of all persons engaged in commerce on the river and bay, at fair and uniform prices. The Commission was authorized to require the owners of private wharves and docks to keep such facilities in good repair.

The secretary of the Commission was required to keep accurate books showing all moneys paid and received. On or before the fifth day of each month he prepared a financial statement showing the transactions of the previous month: amounts received and expended; the purposes of which moneys were spent; and the name of the bank(s) into which funds were deposited. He was required to make daily entries of the returns made by wharfingers and collectors. He was required to keep a record of the shipping passing through the port of Mobile: the gross and net tonnage and draft of each vessel: the amount of pilotage and portage fees and tolls charged; and the name and class of each vessel. This information was compiled in an annual report submitted to the Governor and Legislature each year.

It was the responsibility of the chief wharfinger to station, berth, and regulate the positions of vessels in the docks and harbor, and to cause them to be removed from time to time as space and necessity should demand. The chief wharfinger and secretary were authorized to inspect ships' holds to ascertain the extent of damage to cargoes. Such inspections could take place only with the written permission and in the presence of the owner, master, or consignee of the vessel.

It was the responsibility of the chief wharfinger to require the harbor, docks, slips, piers, and wharves under the jurisdiction of the State Harbor Commission to be kept free of all obstructions.

The State Harbor Commission constituted a board of commissioners of pilotage. No more than thirty pilots could be licensed to serve as Mobile bay or bar pilots at one time. No person could serve as a pilot without having been duly examined and licensed. No person could be licensed until he had served at least one year as an apprentice on board a pilot boat. (Acts of Ala. 1915, No. 628, pp., 678-697)

1923 Sept. the Legislature abolished the State Harbor Commission, assigning its duties and authority to the State Docks Commission. (Acts of Ala. 1923, No. 303, pp. 330-342)

The State Docks Commission consisted of three members appointed by the Governor to terms of two, three, and four years. No two members could be residents of the same Congressional district of the State. No person having financial interest in any harbor facilities was eligible to appointment to the Commission.

The Governor was authorized to appoint a Board of Censors, consisting of three members, one of whom was an architect and one an engineer. The Board of Censors acted with the Examiner of Public Accounts to examine the procedures and transactions of the State Docks Commission twice each year. The Board was required to submit semi-annual reports to the Governor, containing evaluations, criticisms, and suggestions concerning the work of the State Docks Commission.

It was the duty of the State Docks Commission to improve, promote, develop, maintain, and operate harbors and seaports in the state. The Commission was authorized to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses and other water and rail terminals for the aid of commerce.

The Commission was authorized to appoint a secretary-treasurer, chief wharfinger, and a sufficient number of deputy wharfingers, clerks, attorneys, collectors and other employees. All such appointments, with the exception of subordinate employees, were subject to the Governor's approval. The Commission was also authorized to appoint architects and engineers to study the utilization and development of facilities of the port. With the Governor's approval the Commission could appoint a General Manager, who could have no interest in or connection by blood, marriage, or business association with any one having financial dealings with the Commission.

The Commission was authorized to issue bonds for the operation of the improvements and facilities of the Docks. The Harbor Improvement Bonds were issued in denominations and multiples of one thousand dollars; the aggregate issued not in excess of ten million dollars. Maturing after ten years, the bonds paid five percent interest. (Acts of Ala. 1923, No. 303, pp. 330-342)

1939 Feb. the Legislature abolished the State Docks Commission, instituting in its place the Dept. of State Docks and Terminals. (Acts of Ala. 1939, No. 12, p. 7)

The Dept. of State Docks and Terminals was designated as the state agency authorized to maintain and operate all improvements and facilities known as the State Docks at Mobile, Ala.

The Director of State Docks and Terminals, appointed by the Governor and serving at his pleasure, functioned as chief executive officer. It was required that he be a man of good character and of business experience, having no financial interest in any harbor facilities. His salary was fixed by the Governor at an amount not exceeding six thousand dollars per year.

Also established was a State Docks Advisory Board, consisting of the Governor as ex-officio chairman, the Director as an ex-officio member, and three members appointed by the Governor, none of whom could be residents of the same Congressional district of the State or have financial interests in any harbor facilities. Appointed members served for six years, and received fifteen dollars a day and traveling expenses, not in excess of one hundred dollars during any one month. (Acts of Ala. 1939, No. 12, p. 7-9)

1951 July the Legislature abolished the Dept. of State Docks and Terminals and the State Docks Advisory Board, instituting the State Docks Board. (Acts of Ala. 1951, No. 189, pp. 450-453)

The State Docks Board consisted of five members appointed by the Governor; one member to serve for ten years, one for eight years, one for six years, one for four years, and one for two years. Their successors were to be appointed by the Governor to ten-year terms. It was required that two members be residents of that portion of the State lying north of the latitude thirty-two degrees thirty minutes, two be residents of that portion of the state lying south of that line, and one be a resident of any part of the State. No two members could reside in the same Congressional district of the State. No member of the Board could have any financial interest in any harbor facilities.

The Board was authorized to appoint a State Docks Director, who was responsible to the Board and served at its pleasure.

The Board was required to submit to the Governor each year a report of its activities, and to make recommendations to the Legislature, based on study and analysis for the better conduct of the commerce passing in and through the State Docks and Terminals, for the increase and improvment of transportation facilities, and the more economical and expeditious handling of commerce. (Acts of Ala. 1951, No. 189, pp. 450-453)

1955 June the Legislature abolished the State Docks Board, instituting in its place the State Docks Dept. to promote, supervise, control, manage and direct the state docks. (Acts of Ala. 1955, No. 103, pp. 345-348)

The Director of State Docks, appointed by the Governor with the advice and consent of the Senate and serving at the pleasure of the Governor, serves as chief executive officer. The Director is authorized to appoint a general manager to serve at his pleasure, who shall have at least ten years experience in port work in the particular fields of administration, operation, and traffic. He must be a man of good character and a legal resident of the state, having no financial interest in any harbor facilities or property that the Dept. has acquired or manages.

There was also established a State Docks Advisory Committee, consisting of the Governor as ex-officio chairman, the Director of the State Docks as ex-officio member, one member from Mobile Co. and one from each of the State's Congressional districts. Members are appointed by the Governor with the advice and consent of the Senate to four-year terms. The Committee acts in an advisory capacity with respect to any matter concerning the Ala. State Docks Dept. and keeps a permanent record of its proceedings. (Acts of Ala. 1955, No. 103, pp. 345-348; Ala. Government Manual, p. 412)

The Director of State Docks exercises all the powers, authority, and duties vested in the Dept. He is responsible for the following duties of the Dept.: to promote, construct, maintain, and operate harbors and ports; to acquire and operate wharves, docks, warehouses, terminals, and other structures, subject to the Governor's approval of all plans and costs; to acquire and operate terminal railroads; with the approval of the Governor to sell, lease, dispose of, or exchange property; to fix charges for services; to grant and revoke licenses; and to establish foreign trade zones. The Director executes laws and brings suits to enforce the rights of the State and formulates and promulgates rules and regulations for the operation of state seaports and harbors. (Ala. Government Manual, p. 412)

The Director is authorized to appoint no more than two Assistant Directors, who perform administrative and executive duties within the Dept. The qualifications for these positions are recommended by the Personnel Director and approved by the State Personnel Board. Persons appointed by the Director of State Docks must be certified by the Personnel Director as meeting these qualifications. The salary of an Assistant Director is fixed by the Docks Director with the approval of the Governor and the State Docks Advisory Committee, at a figure within the limits set by law.

According to the Ala. Government Manual (1982), the General Operations Manager is in charge of Docks Operations, and supervises the Terminal Railway, Grain Elevator, Wharves and Warehouses, Bulk Material Division, Cold Storage Division, Lands and Insurance, Engineering, Harbormaster, Police Protection, Personnel, First Aid and Medical, Maintenance Division, the Inland Docks Division, and Data Processing.

As of 1982, the State Docks Dept. was composed of the following divisions:

Ala. State Docks Dept. Comptroller Division.

Authority: Ala. Government Manual, p. 319.

The Comptroller Division is headed by the Docks Comptroller and includes General Accounting and Purchasing.

Ala. State Docks Dept. Grain Elevator Division.

This Division is headed by the Grain Elevator Superintendent and includes Office, Maintenance, and Operations Sections.

Ala. State Docks Dept. Bulk Material Division.

The Bulk Cargo Plant Superintendent and his assistant supervise Office, Electrical Maintenance, Mechanical Maintenance, Bagging Plant, and Operations Sections.

Ala. State Docks Dept. Traffic Division.

This Division is under the supervision of the Director. It is concerned with port traffic and charges. The General Traffic Manager is in charge.

Ala. State Docks Dept. Sales Division.

This Division is under the supervision of the Director. The General Sales Manager is in charge of offices in Mobile, Birmingham, St. Louis, and New York. The International Trade Center and Public Relations are under the supervision of this Division.

Ala. State Docks Dept. Inland Docks Division.

Authority: Ala. Government Manual, p. 319; Annual Report, 1981.

This Divison is under the supervision of the Director. It operates a system of fourteen inland docks on Ala. inland rivers. The inland docks are located at Bridgeport, Huntsville, Decatur, and Florence on the Tenn. River; Cordova, Tuscaloosa-Northport, Demopolis, and Jackson on the Warrior-Tombigbee system; Montgomery, Selma, and Claiborne on the Ala. River; and Phenix City, Eufaula, and Columbia on the Chattahoochee River.

Ala. State Docks Dept. Maintenance Division.

The Maintenance Division includes the Docks Maintenance Superintendent, docks maintenance foreman and three sections of maintenance employees, and a Garage Section.

Ala. State Docks Dept. Cold Storage Plant.

The Cold Storage Plant is under the direct control of the Cold Storage Superintendent and his assistant.

Ala. State Docks Dept. Wharves and Warehouses Divison.

The Wharves and Warehouse Manager is in charge of the Office, Cotton Warehouse, and Outside Operation Section.