Article XI: Public Officers

Section 1. Dual Office Holding.

No person holding an office of profit under the United States shall, during continuance in such office, hold any office of profit under this state; nor shall any person except a notary public, hold two offices of profit at one and the same time under this state. No individual in the employment of the State of Alabama shall hold an elected state office. Service of a delegate to a constitutional convention or as a member of a statutory body having only advisory powers shall not be considered an office of profit as the term is used in this constitution. The legislature may by general law exempt persons in the state military forces or in the military service of the United States from the provisions of this section.

 

Section 2. Qualifications for holding public office.

A person convicted of a felony whose civil and political rights have been restored shall be eligible to hold any office of trust or profit in this state.

 

Section 3. Compensation of Public Officers.

(a) The rate of compensation and expense allowance of any officer holding any civil office of profit under this state, or any county or municipality thereof, who is elected or appointed for a fixed term, whether such officer may be removed at the pleasure of the authority electing or appointing him or only upon impeachment, shall not be increased or diminished, during the term for which he shall have been elected or appointed, either by the imposition of new, different, and additional duties, or otherwise.

(b) Any increase or decrease in the compensation of officers who are members of any court, board, commission, or similar body, whose terms do not run concurrently, shall become effective as to all such members thereof immediately after the expiration of the term or terms of office of the member or members whose term or terms first expire.

 

Section 4. Civil Service.

The legislature shall provide by law for appointments and promotions in the civil service of the state according to merit, fitness, and efficiency, to be determined, so far as practicable, by competitive examination. The legislature shall provide adequate financial support for a program of personnel management in the state service.

 

Section 5. Oath of Office.

All members of the legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:

"I, . . . , solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God’."

The oath may be administered by the presiding officer of either house of the legislature, or by any officer authorized by law to administer an oath.


2 comments to Article XI: Public Officers

  • Barney

    This state desperately needs a consumer protection agency to protect the un-informed and less educated. I don’t if this is something that should be in the constitution or not.

  • Ellery B. May

    The issues addressed in this Article belong in the appropriate Article for the particular Branch, or as parts of the Executive Act of 2010, the Legislative Act of 2010, or the Judicial Act of 2010.

    We are drafting a constitution. This is not the place for specific legislation. There will be events and times where flexibility without violating the constraints of constitution are required.

    How do we provide a man with the scruple he lacks while representing the people of this State? We try to take scruple out of the equation with Construction.
    We provide the appropriate constraints on all; along with a certain security from censure provide by the People wanting their constitution held Constant.

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