(a) Beginning with the municipal elections in 2002, a school board for the City of Bessemer, Alabama, is established and shall be elected in 2002, and every four years thereafter. The board shall be called the Bessemer City Board of Education. The board shall be composed of seven members, with one member being elected from each of the districts from which the Bessemer City Council are elected, by a majority of the qualified electors voting who reside in the respective districts.
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Terms Used In Alabama Code 45-37A-40

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • month: means a calendar month. See Alabama Code 1-1-1
  • preceding: means next before. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) Candidates for each place on the board of education shall be at least 21 years of age, residents of the district which they seek to represent on the board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for a felony or any other crime involving moral turpitude. Each candidate shall pay a qualifying fee in an amount prescribed by the Bessemer City Council.
(c)

(1) The Bessemer City Council shall take necessary steps to ensure this section complies with the federal Voting Rights Act of 1965, as amended.
(2) The election and runoff election, if necessary, held in 2002 and all subsequent elections held pursuant to this section shall be called, conducted, the votes canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this section.
(d)

(1) Upon the assumption of office of the members of the board of education elected in 2002, the Bessemer City Board of Education as provided in subsection (a) shall be constituted. At that time, the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.
(2)

a. Members of the board of education shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1, of Title 16.
b. At the first meeting after the board elected in 2002 takes office, and at the first meeting of the board each year thereafter, the board shall select a chair from among its members. The chair shall preside over meetings of the board and shall possess the same powers and duties as other members of the board.
c. All property, records, supplies, and equipment of any prior board of education shall be vested in the board created by this section.
(3) The establishment of the board of education as provided in this section shall not affect or impair any of the following:

a. Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.
b. Existing contractual obligations of the board of education.
c. Existing civil and criminal actions.
(e) Any vacancy on the board of education occurring prior to the expiration of a term of office shall be filled by appointment of the remaining members of the board of education for the remainder of the unexpired term. If the vacancy is not filled within 45 days from the date of the announcement of the vacancy, the State Superintendent of Education shall make an appointment to fill the vacancy.
(f) The compensation for the members of the board of education shall be three hundred dollars ($300) per month to be paid from city school system funds; provided further that the compensation for the members of the board of education may be increased to a maximum of six hundred dollars ($600) per month by a majority vote of the board. No increase in compensation for members of the board may be enacted during a fiscal year in which the Education Trust Fund is in proration.
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