Yes, a mayor can be impeached in Alabama. State law lists mayors of incorporated cities and towns among the officials subject to impeachment and removal, and Alabama Code Section 36-11-1 sets out the grounds. Unlike the congressional model most people picture, the case runs through the courts: a grand jury investigates, the district attorney files, and a circuit judge decides whether the mayor stays or goes.1Alabama Legislature. Alabama Code 36-11-1 – Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally
One thing to clear up first. Alabama does not have a general recall law for mayors. A few cities operating under a commission form of government carry recall provisions in their charters, but for the typical Alabama municipality, court-based impeachment is the main way to remove a sitting mayor before the next election.
Grounds That Justify Impeachment
Section 36-11-1(b) identifies five categories of conduct that can support removing a mayor:1Alabama Legislature. Alabama Code 36-11-1 – Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally
- Willful neglect of duty. Deliberate abandonment of the office’s responsibilities, such as repeatedly skipping required council meetings or refusing to enforce ordinances. An occasional lapse is not enough.
- Corruption in office. Bribery, misuse of public funds, steering city contracts to personal associates, or similar schemes to exploit the position.
- Incompetency. A demonstrated inability to perform the basic functions of the office. Unpopular policy choices don’t count; a genuine failure to govern does.
- Intemperance. Alcohol or narcotics abuse severe enough to render the mayor unfit to serve.
- Offenses involving moral turpitude. Dishonest or base conduct committed while in office, under color of office, or connected to the office. Fraud, theft, and perjury are typical examples, and a separate criminal conviction is not required.
These categories are broad enough to reach serious misconduct while keeping political disagreements out. A mayor who pushes an unpopular budget is not impeachable. A mayor who routes city money into a personal account is.
Ethics Act Violations as a Basis
Alabama’s Ethics Act, at Section 36-25-5, forbids any public official from using the position to obtain personal gain for themselves, family members, or businesses they are associated with. It also prohibits 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 supply the factual basis for a corruption or moral turpitude charge under Section 36-11-1. If a mayor awards a city paving contract to a company owned by a relative, that conduct violates Section 36-25-5 and could also constitute corruption in office. Intentional violations of the Ethics Act are classified as a Class B felony.3Alabama Legislature. Alabama Code 36-25-27 – Penalties; Enforcement; Jurisdiction, Venue, Judicial Review; Limitations Period
How the Process Starts
Impeachment of an Alabama mayor does not begin with a citizen petition or a vote of the city council. It runs through the grand jury and the district attorney.
Under Section 36-11-3, every grand jury has a duty to investigate allegations of misconduct or incompetency against public officers in the county. If the grand jury concludes that a mayor should be removed for any of the causes listed in Chapter 11, it issues a report to the court setting forth the facts, and that report is entered into 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, Section 36-11-4 places a duty on the district attorney 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, and the mayor is formally notified of the charges with the right to respond and retain counsel.5Justia. Alabama Code Title 36, Chapter 11 – Impeachment
The Court Trial
The circuit court proceeding looks like a trial. Both sides present evidence, call witnesses, and make legal arguments. The mayor has full due process rights, including legal representation, cross-examination, and the chance to put on a defense. Financial records, witness testimony, and municipal documents can all be introduced.
This is not a criminal case, so the state does not have to prove its allegations beyond a reasonable doubt. The court evaluates whether the evidence meets the statutory threshold for removal and whether the conduct actually fits one of the grounds listed in Chapter 11. If the judge finds sufficient grounds, the court issues a removal order.
A mayor who loses can appeal. The Alabama Court of Civil Appeals and the Alabama Supreme Court review whether the lower court applied the law correctly and whether procedural protections were followed. Appellate courts generally do not re-try the facts unless the trial court’s findings were clearly unsupported by the evidence.
What Happens After the Ruling
If the court dismisses the case, the mayor stays in office. An acquittal does not prevent a later proceeding if new evidence of misconduct surfaces.
If the court orders removal, the mayor loses the position and the city fills the vacancy. 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 one year or more remains, the council must call a special election within 30 days, and that election is held between 60 and 90 days after the call.
Running Again, and Parallel Criminal Exposure
Impeachment alone does not automatically bar the removed mayor from future office. A criminal conviction on the underlying conduct is a different matter. Section 36-2-1 disqualifies 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 closes the loop the other direction: any officer who becomes legally disqualified from holding office can be impeached and removed on that basis alone.7Alabama Legislature. Alabama Code 36-11-2 – Disqualification from Holding Office a Ground for Impeachment
The impeachment case and any criminal case run on separate tracks. A mayor facing corruption allegations can be prosecuted criminally and impeached at the same time, and the career-ending consequence often comes from the conviction rather than the removal order.