(a) Except as provided in subsection (b), every ordinance and resolution fixing the salaries of employees and officers of the city shall be submitted to the mayor as other ordinances and resolutions are to be submitted and may be approved in part and vetoed as to specific items, to be mentioned by the mayor in his or her veto message, in which case there shall first be submitted to the council at its next regular meeting the question: “Shall the ordinance pass, the veto of the mayor notwithstanding?” and, in the event that two-thirds of the members elected to the council do not vote for the passage of the ordinance, the veto notwithstanding, there shall then be submitted the question: “Shall the ordinance stand as approved by the mayor?” and if a majority of those elected to the council vote in the affirmative, the law as amended and approved by the mayor shall have the force and effect of law as in other cases; otherwise, the salary ordinance shall be defeated.
Terms Used In Alabama Code 11-45-5
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council.
