Yes, a mayor can be impeached in Alabama. State law lists mayors of incorporated cities and towns among the officers subject to impeachment and removal, and the case moves through the court system rather than a vote of the city council.1Alabama Legislature. Alabama Code 36-11-1 – Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally A district attorney files the case in circuit court after a grand jury investigation, and a judge decides whether the conduct meets the statutory grounds for removal.
The Statute That Authorizes Removal
Alabama Code Section 36-11-1(a) names mayors and intendants of incorporated cities and towns as officers who can be impeached. The authority traces back to Article VII, Section 174 of the Alabama Constitution, which lets the legislature set up impeachment procedures for officers outside the small group of top state officials covered by Section 173. Governors, attorneys general, and supreme court justices face Senate trials under the Constitution itself. Mayors do not. They fall under the statutory framework in Title 36, Chapter 11, which routes their cases through the courts.1Alabama Legislature. Alabama Code 36-11-1 – Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally
Two boundaries matter here. First, a city council cannot vote a mayor out. The council has no role in impeachment. Second, Alabama does not have a general recall law. A few cities operating under a commission form of government have recall provisions in their charters, but most municipalities do not. For a typical Alabama city, the statutory impeachment process is the main legal path to remove a sitting mayor before the next election.
Grounds That Can Justify Impeaching a Mayor
Section 36-11-1(b) lists five categories of conduct that can support removal:1Alabama Legislature. Alabama Code 36-11-1 – Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally
- Willful neglect of duty, meaning deliberate abandonment of the responsibilities of the office rather than an occasional lapse.
- Corruption in office, such as bribery, misusing public funds, or steering city contracts for improper advantage.
- Incompetency, meaning a genuine inability to carry out the basic functions of the office rather than unpopular decisions.
- Intemperance involving alcohol or narcotics, severe enough to render the mayor unfit to serve.
- Any offense involving moral turpitude committed in office, under color of office, or connected to the office.
The grounds are broad enough to reach serious misconduct but narrow enough to keep removal from becoming a tool for ordinary political fights. A mayor who makes an unpopular budget call has not committed an impeachable offense. A mayor who routes city money into a personal account has.
Ethics Act Violations as a Feeder
Alabama’s Ethics Act supplies much of the factual material in corruption-based cases. Section 36-25-5 prohibits any public official from using the position to obtain personal gain for themselves, family members, or associated businesses, and from using government equipment, facilities, or staff for private benefit.2Alabama Legislature. Alabama Code 36-25-5 – Use of Official Position or Office for Personal Gain An ethics violation does not automatically trigger impeachment, but it can form the basis for a corruption or moral turpitude charge under Section 36-11-1. Intentional violations are a Class B felony, other violations are a Class A misdemeanor, and the Alabama Ethics Commission can impose administrative penalties up to $6,000 for minor violations plus restitution for any economic loss to the municipality.3Alabama Legislature. Alabama Code 36-25-27 – Penalties; Enforcement; Jurisdiction, Venue, Judicial Review; Limitations Period
How a Case Gets Started
Impeachment of a mayor does not begin with a citizen petition or a council resolution. Section 36-11-3 places a standing duty on every grand jury to investigate allegations of misconduct or incompetency against public officers in the county. If a grand jury finds that a mayor should be removed for any cause listed in Chapter 11, it files a report with the court setting out the facts, and the report is entered on the court’s minutes.4Alabama Legislature. Alabama Code 36-11-3 – Investigations of Alleged Misconduct or Incompetency of Public Officers by Grand Juries
From there, the district attorney is required to institute impeachment proceedings when a grand jury report finds grounds for removal, when the circuit court orders it, or when the governor directs it in writing. The case is filed in the name of the State of Alabama in circuit court.5Justia. Alabama Code Title 36, Chapter 11 – Impeachment The mayor is formally notified of the charges and can retain counsel to respond.
What the Court Proceeding Looks Like
Once filed, the case proceeds in a trial-like format in circuit court. Both sides present evidence and call witnesses. The mayor has full due process rights, including legal representation, cross-examination of witnesses, and the chance to put on a defense. Financial records, municipal documents, and witness testimony can all be introduced.
Because this is not a criminal trial, the standard of proof is not beyond a reasonable doubt, but the allegations still require substantial proof given the weight of removing an elected official. The judge decides whether the conduct actually fits one of the statutory grounds. If it does, the court issues a removal order. The mayor can appeal to the Alabama Court of Civil Appeals and ultimately the Alabama Supreme Court, which review whether the law was applied correctly and whether procedural protections were followed.
What Happens If a Mayor Is Removed
If the court dismisses the case, the mayor stays in office. If the court orders removal, the position becomes vacant and the city has to fill it. Under Alabama’s mayor-council form of government, the council president pro tempore steps in as acting mayor immediately. If less than one year remains in the term, the president pro tempore takes over for the rest of it. If a year or more remains, the council must call a special election within 30 days, with the election held between 60 and 90 days after that call.
Disqualification and Criminal Exposure
Impeachment by itself does not automatically bar someone from running for office again. The career-ending consequence often comes from a parallel criminal case. Alabama Code Section 36-2-1 bars anyone convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or any other crime punishable by imprisonment in the state or federal penitentiary from holding public office in Alabama.6Alabama Legislature. Alabama Code 36-2-1 – Persons Not Eligible to Hold Office Section 36-11-2 then closes the loop by making legal disqualification from holding office its own ground for impeachment.7Alabama Legislature. Alabama Code 36-11-2 – Disqualification from Holding Office a Ground for Impeachment
The impeachment track and any criminal prosecution run on separate rails. A mayor can face both at once. An intentional Ethics Act violation can bring Class B felony exposure, and a bribery or embezzlement conviction carries its own sentence plus the permanent office-holding ban under Section 36-2-1.