Alabama. Governor

Authorities:

Alabama Government Manual, 1982.

1819 Alabama Constitution, Art. IV, Sec. 1-15, 16, 18.

Acts 1933, No. 177, p. 189.

Alabama Official and Statistical Register, 1979.

Code of Alabama 1876.

Code of Alabama 1975.

1901 Alabama Constitution, Art. V, Sec. 116, 126-128, Amendment 282.

The Governor is the chief executive of the State. He sees that laws are faithfully and equitably executed, acts as Commander-in-Chief of the state militia, signs all grants and commissions, makes appointments to fill elective offices when vacancies exist, and orders special elections to fill such vacancies. Furthermore, he is empowered with the right to remove officers appointed by him who are not subject to the provisions of the Merit System. Also, he fixes the salaries of certain State employees and officials at amounts not to exceed certain annual figures (as specified by law), extradites criminals, grants commutations to persons under sentence of death, proclaims quarantines, approves all conveyances of land by any State agency and all contracts or leases made by any State agency, approves the terms and conditions of certain bond issues, and causes suits to be instituted to recover public money or property or to condemn land.

In addition, the Governor causes defense to be instituted of certain civil actions against the State, approves the coastal area management program, signs radiation agreements with the Federal government, designates armories, executes the Draft Harbor and Terminal contract (Ameraport), approves the location of county seats, issues executive orders, may enter Compact for Education, approves finance vouchers or accounts, remits fines and forfeitures, offers rewards for the apprehension of felons, executes Interstate Compact on Juveniles, may order annual military encampments or cruises, may authorize armed forces organizations to leave the State, approves execution of sentencing of courts-martial, reviews sentences of courts-martial. Furthermore, the Governor issues orders to municipal officials and police during emergency, has control of State property, approves contract and bond for public printing, receives filings, may accept property and provide for the operation of certain junior college facilities.

Additionally, the Governor is authorized to give state agencies powers and duties required to implement Federal law, as well as to cede land to the U.S., and convey the States interest in museum lands to the University of Alabama. (Alabama Government Manual, 1982)

The Governor is selected by popular election. He must be at least thirty years of age and must have been a U.S. citizen for at least ten years and a resident of Ala. for at least seven years preceding election. He serves a four-year term of office and is eligible to succeed himself no more than one additional term. He may be removed by impeachment. (Alabama Government Manual, 1982)

In 1819, the framers of the Ala. Constitution made specific provisions for the creation and maintenance of a governor for the state who would be elected by the qualified electors at the time and places when they should respectively vote for representatives. The original term of office, as provided for by the Constitution, was two years. (Code of Alabama 1852)

The office of Governor was actually in effect as early as 1699 upon the establishment of French Louisiana. The enabling act of Congress of 1817 Mar. 3 based on the Northwest Ordinance of 1787, the Constitution of 1819, and all subsequent constitutions of the State of Ala. restated the office. As was previously expressed, once Ala. achieved its territorial status, the office was retained (complete with its previously authorized powers). The office's primary duties were synonymous with those of a chief magistrate. In 1819, with Ala.'s rise to statehood, the office was carried into the Constitution of Ala. to be elected by a "popular vote". (Alabama Official and Statistical Register, 1979, p. 32; 1819 Alabama Constitution, Art. IV, Sec. 1-2)

Among the original duties of the Governor were to serve as commander-in-chief of the army and navy of the state, and of the milita thereof, except when they were called into the service of the U.S. Furthermore, the Governor was authorized to require information in writing from the officers of the executive department, to convene the General Assembly (for special sessions), to give "state-of-the-state" addresses to the General Assembly and recommend to their consideration such measures as he may deem expedient, to take care that the laws were faithfully executed, to grant reprieves and pardons, and remit fines and forfeitures in all criminal and penal cases (under such rules and regulations as were prescribed by law). Additionally, he was granted the authority, in cases of treason, to grant reprieves and pardons. Furthermore, the Governor was granted the authority of administration of the seal of the state, as well as the authority to fill vacancies that may have happened in office. (1819 Alabama Constitution, Art. V, Sec. 1-15)

The original state constitution also made specific references to the qualifications necessary to actively seek the office. It stated that he must be at least thirty years of age, a native citizen of the U.S., and that he must have resided in the state at least four years next preceding the day of his election. The original constitution, also, expressly forbade the Governor from serving four years during any six year period; this action was directly in alignment with the previously authorized two-year term of office. Additionally, concessions were made for the replacement of the Governor due to impeachment, death, resignation or any actions/circumstances which might have precluded the expedition of his constitutionally authorized powers. Furthermore, specific references were made to the Governor's powers in regard to the state's General Assembly. (1819 Alabama Constitution, Art IV, Sec. 4, 16, 18)

Additional powers and duties bestowed upon the Governor by constitutional allocation included his rights/duties to preside over the General Assembly, to name a sheriff of any county in which such a position was vacant, to appoint his aids-de-camp of the state militia, to remove state court judges upon the vote of two-thirds of each house of the General Assembly, as well as to fill the offices when necessary to perpetuate the administration and expedition of justice. (Code of Alabama 1897)

The Governor was also allocated many legislatively authorized rights and duties by the General Assembly. Among these were his authorities to employ a private secretary and a recording secretary to aid him in the expedition of his duties (and the ability to discontinue them at his will), to appoint commissioners in other states, to appoint commissioners to examine state offices, to assign rooms in the capitol, to cede jurisdictions over lands to the U.S. for forts, to supervise the Auditor's and Treasurer's office, to procure laws of the U.S. and supply them to the judges of the state, to approve contracts to deliver acts and journals, and the Code, to appoint and remove notaries, to approve the bonding of the Superintendent of Education, to commission the Superintendent of Education, to fill the vacancy left by deceased, retired, or released Superintendent of Education, to execute patents and to appoint a warden for the state penitentiary (with the Senate's consent).

Furthermore, he was authorized to furnish guards with arms and accoutrements, to offer rewards for fugitives, to require authentication of claims on the contingent fund. Additionally, he was required to visit the state penitentiary to examine its condition annually and to institute suits for unauthorized payments. Also, he was one of the corporators and trustees of the state university, while being legally authorized to fill any vacancies (as may have arisen) in the board of trustees of the university. He was an ex-officio member of the board of directors of the agricultural and mechanical college, corporator and on the board of commissioners of the instititution for the deaf, dumb, and blind, nominated trustees for the insane asylum, as well as being legally authorized to remove an insane convict to the asylum from the penitentiary. (Code of Alabama 1876)

Despite constitutional amendments and revisions of 1861, 1865, and 1868, the Governor's previously-authorized duties remained intact without any major modifications in their character. However, the Constitution of the State of Ala. 1875 modified the previously-authorized qualifications for office; whereas, previous constitutions and revisions had stated that a Governor must have resided within the state for a period of four years, this document expanded that period to seven years. Furthermore, previous constitutions had required that the Governor be a lifelong citizen of the U.S.; however, this newly authorized Constitution stated that a potential gubernatorial candidate need only have been a U.S. resident for seven years preceding the election. Despite these minor revisions (in qualifications), however, the basic character and content of the Governor's constitutionally and legislatively allocated duties remained constant. (Code of Alabama 1876)

The Constitution of 1901 set forth that the Governor would hold his office for the term of four years from the first Monday after the second Tuesday in Jan. next succeeding his election and until his successor shall have been elected and qualified. Furthermore, this document emphatically forbade the Governor from succeeding himself. Furthermore, it stated that the Governor should not be eligible to election or appointment to any office under this state, or to the Senate of the U.S. during his term, and within one year after the expiration thereof. (Constitution of Ala. 1901, Art. V, Sec. 116)

As had been the case during the Constitutions of 1861, 1865, and 1868, the basic character and content of the previously authorized duties remained virtually constant; however, there were minor additions and revisions in the grammatical content of the passages (of the Constitution) relating to the Governor. Among these additions were issues relating to the veto power, succession of, and impeachment of the said official. In these aforementioned instances, revisions were more so revisions of the "letter of the law"; the "spirit of the laws" remained constant. Furthermore, the line of gubernatorial succession was more emphatically stated in this document; compensation (for successors) was even decided upon. Provisions were also included in this document to facilitate the perpetuation and expedition of governmental functions if the Governor appeared to be of unsound mind. (Constitution of 1901, Art. V, Sec. 126-128)

Following the Constitution of 1901, few notable changes were made in the actual character of the previously authorized gubernatorial duties. Revisions were more a matter of degree and interpretation than of realignment and restructuring. However, the Governor has acquired various ex-officio memberships, chairmanships, and trusteeships on some of the state's agencies, institutions of learning and boards of administration; these positions have increased steadily over the course of the years. (Alabama Government Manual, 1982) In 1933, the Governor, along with the Attorney General and the State Comptroller, assumed membership on the newly authorized Ala. Warrant Commission. The Commission was created to provide for the issuance, sale and/or exchange of interest bearing warrants and other interest bearing instruments of the State of Ala., for the purpose of refunding the floating indebtedness of the State at the close of business 30 Sept. 1932, as shown by outstanding and unpaid warrant drawn on the Treasury as provided by law, amounting in the aggregate to $16,943,375.12 and items enumerated in an Act of the Legisatlure number 294, being Senate bill number 272, approved 9 Nov. 1932. The Alabama Warrant Commission was legally eradicted through omission from the Code of Ala., 1940.

Additionally, a Division of Records and Reports was established in 1943, but subsequently disbanded in 1951 and its duties, functions, and powers redistributed to the Bureau of Publicity and Information. (Ala. Government Manual, 1982; Acts of Ala. 1943, No. 253; Acts of Alabama 1951, No. 712, p. 1250; Acts 1933, No. 177, Sec. 1).

In 1968, the previously authorized laws regarding "self-succession" were repealed, thus allowing gubernatorial officeholders to succeed themselves once, but no more than once. The other previously authorized articles regarding gubernatorial qualification remained intact, however. (Alabama Constitution of 1901, Amendment 282, Nov. 1968)

Currently, the Governor has numerous constitutionally and legislatively allocated appointive powers. He appoints the head of the following agencies: Commission on Aging, Alabama Development Office, Bureau of Publicity and Information, Department of Civil Defense, Department of Conservation and Natural Resources, Department of Energy, Department of Finance, Office of Highway and Traffic Safety, Department of Industrial Relations, Department of Insurance, Department of Labor, Alabama Medicaid Agency, Department of Public Safety, Department of Revenue, Highway Department, Military Department, Office of State Planning and Federal Programs, State Banking Department, and State Docks Department. The Governor also appoints general officers of the militia, jury commissions, railway policemen, and constables. (Alabama Government Manual, 1982)

In addition, the Governor appoints at least one member of the following agencies: Advisory Board of the Bureau of Publicity and Information, Advisory Board of Conservation and Natural Resources, Advisory Council of the Department of Industrial Relations, Agricultural Center Board, Air Pollution Control Commission, Alabama Aeronautics Commission, Alabama Art Commission, Alabama Board of Cosmetology, Board of Examiners for Speech Pathologists and Audiologists, Alabama Board of Examiners in Psychology, Alabama Board of Hearing Aid Dealers, Alabama Commission on Higher Education, Alabama Commission on Intergovernmental Cooperation, Alabama Council on the Arts and Humanities, Alabama Dairy Commission, Alabama Education Study Commission, Alabama Educational Television Commission, Alabama Historical Commission, Alabama Law Institute, Alabama Liquefied Petroleum Gas Board, Alabama Mental Health Board, Alabama Peace Officers Personnel Standards and Training Commission, Alabama Real Estate Commission, Alabama Securities Commission, Alabama Soil and Water Conservation Committee, Alabama Space Science Exhibit Commission, Alabama Sports Hall of Fame Board, Alabama State Board of Public Accountancy;

Alabama Water Wells Standards Board, Alcoholic Beverage Control Board, Appeals Board of the State Industrial Relations Department, Armory Comission of Alabama, Banking Board, Bear Creek Development Authority, Board of Comissioners of the Alabama Peace Officer's Annuity and Benefit Fund.

Furthermore, the Governor appoints at least one member to the following agencies: Board of Commissioners of Tuskegee Institute, Board of Control of the Employees' Retirement System of Alabama, Board of Examiners of Nursing Home Administrators, Board of Medical Scholarship Awards, Board of Medical Technicians Examiners, Board of Nursing, Board of Physical Therapy, Board of Registration of Architects, Board of Trustees of the Alabama Institute for the Deaf and Blind, Board of Trustees of Auburn Univeristy, Board of Trustees of University of North Alabama, Board of Trustees of Jacksonville State University, Board of Trustees of Livingston University, Board of Trustees of Troy State University, Board of Trustees of University of Montevallo, Board of Trustees of University of South Alabama, Cahaba Historical Commission, Commission on Aging, Commission on Physical Fitness, Commission on Uniform State Laws, Commissioners of Deeds, County Records Commission, Elk River Development Agency, Executive Board of the Public Library Service, Farmers' Market Authority, Fort Morgan Historical Commission, Good Neighbor Commission, Gorgas Memorial Board,

Governor's Committee on Employment of the Handicapped, Governor's Mansion Advisory Board, Gulf States Marine Fisheries Commission, Historic Chattahoochee Commission, Judical Commission, LaGrange Historical Commission, Radiation Advisory Board, Richmond Pearson Hobson Memorial Board, Savings and Loan Board, State Beautification Board, State Board of Agriculture and Industries, State Board of Barber Examiners, State Board of Chiropractic Examiners, State Board of Embalming, State Board of Optometry, State Board of Registration for Foresters, State Board of Registration for Professional Engineers and Land Surveyors, State Board of Veterans Affairs, State Board of Veterinary Medical Examiners, State Capitol Preservation Commission, State Docks Advisory Committee, State Forestry Commission, State Licensing Board for General Contractors, State Oil and Gas Board, State Personnel Board, State Pilotage Commission, State Board of Polygraph Examiners, State Social Security Advisory Board, State Tenure Commission, State Textbook Committee, Tannehill Furnace and Foundry Commission, Tennessee-Mulberry Waterway Commission, Tennessee-Tombigbee Waterway Development Authority, Trade School Advisory Councils, U.S.S. Battleship Commission, Water Improvement Commission, Women's Commission, and Board of Youth Services. (Alabama Government Manual, 1982)

The Governor serves as an ex-officio member and president or chairman of the following: board of trustees of all educational institutions for physically handicapped and institutions for delinquent children, Alabama Building Finance Authority, Alabama Corrections Institution Finance Authority, Alabama Pollution Control Finance Authority, Alabama Public School and College Authority, Alabama Trade School and Junior College Authority, Armory Commission of Alabama, Board of Control of the Employees' Retirement System of Alabama, Board of Trustees of Auburn University, Board of Trustees of University of North Alabama, Board of Trustees of Jacksonville State University, Board of Trustees of Livingston University, Board of Trustees of Troy State University, Board of Trustees of the University of Alabama, Board of Trustees of the University of Montevallo, Board of Trustees of the University of South Alabama, Bond Commission for the Construction of Mental Health Facilities, Coosa Valley Development Authority, Gorgas Memorial Board, State Board of Agriculture and Industries, State Board of Education, State Board of Pensions and Security, State Board of Veterans Affairs, State Building Commission, State Committee of Public Health, State Docks Advisory Committee, State Safety Coordinating Committee, Tombigbee Valley Development Authority, junior college for Franklin, Marion, and Winston counties, and the junior college for Jackson and DeKalb counties. (Alabama Government Manual, 1982)

The Governor may convene the Legislature in extraordinary (special) sessions. He sends messages to the Legislature and may sign or veto bills passed by the Legislature, veto items of appropration bills at his discretion, and return bills to the Legislature with an "executive amendment". In case of an enemy attack, he may change the place of a legislative session to a location deemed safe and convenient. (Alabama Government Manual, 1982)

The Governor's Office is divided into administrative, legal, press, legislative, appointments, and operations units. The Governor may appoint a legal advisor and other attorneys to advise him in his official capacity or to institute, conduct, or appear in any court in any civil case or criminal cause in which the State is interested. Other personnel may include an Executive Secretary, Recording Secretary, Press Secretary, a special investigator, executive assistants, administrative assistants, and clerical personnel. The Governor also has an honorary staff, which consist of one colonel and as many lieutenant colonels (or commanders) as the Governor deems appropriate or necessary for the expedition of his constitutionally and legislatively authorized duties. (Alabama Government Mnaual, 1982)

The Governor receives appropriations from the General Fund for the following purposes: Governor's Office, Mansion Fund, Governor's Proclamations, Contingency Fund, and Governor's Coastal Mansion Fund. (Alabama Government Manual, 1982)

Alabama. Governor. First Lady.

The "First Lady", the Governor's wife, serves a multiplicity of honorary memberships. Additionally, in many instances, she represents the Governor at various civic functions/activities. She also serves as an unofficial gubernatorial advisor, moral supporter, and spokesperson for the Governor (Alabama Government Manual, 1982).

From the description of Agency history record. (Unknown). WorldCat record id: 145407885