An
Introduction & Historical Overview
of the
Governing Body of Baldwin County, Alabama

(The Baldwin County Commission)

Introduction

Baldwin County, ten years older than the State of Alabama, remains Alabama's largest county (covering over 1,600 square miles - larger than the State of Rhode Island) and has the distinction of having four seats of county government throughout its history (McIntosh Bluff - which is now in Mobile County, Town of Blakeley, Daphne & Bay Minette).

Created by the Mississippi Territorial Legislature and carved out of a portion of Washington County, Baldwin County was organized at the County Seat at McIntosh Bluff on December 21, 1809, during the days when it fell within the confines of the Mississippi Territory. Only Washington County, organized at Chatom on June 4, 1800, and Madison County, organized at Huntsville on December 13, 1808, remain Alabama counties older than Baldwin County.

After Alabama's admission into the Union as the 22nd State on December 14, 1819, Baldwin County found itself situated within the territorial limits of the newly created state and, as with all Alabama's then-existing counties, was in later years (1821) established by the Legislature of Alabama as a body corporate to perform an assortment of local governmental functions within the unincorporated areas of the county (those areas outside the incorporated limits of any of the county's municipalities). As a footnote, after Statehood some of Baldwin County's land was later divided, by an Act of the Legislature of Alabama, on December 14, 1820, between the counties of Washington, Mobile & Monroe, and later Escambia in 1869.

The duties, functions and powers of the governing body of Baldwin County are prescribed by General Law (relating to all counties in Alabama) and Local Law (relating only to one county or political subdivision of the state).

Within General Law, many of the powers, duties & functions authorized Alabama counties can be found within several, yet scattered, parts of the General Law (called "Titles" or "Sections") of the Code of Alabama 1975 . Nevertheless, a majority of those general governmental powers, duties & functions delegated to the governing body of Baldwin County, and all Alabama county governments, are enumerated in Chapter 3, Title 11, Article 1, et seq., of the Code of Alabama 1975 .

Within Local Law, additional powers, duties & functions authorized the governing body of Baldwin County are enumerated throughout a series of Local Laws relating only to Baldwin County (such as authorizing planning & zoning, Sunday liquor sales & certain county officials operating additional offices removed from the main courthouse, to name but a few), with Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, considered the first Local Law, specifically related to the governmental authority of the Baldwin County Commission, in such series.

Many citizens inquire as to why there isn't just one place to look for those powers, duties and functions prescribed to Alabama Counties. In short, when Alabama formed its many and varied county governments, after entering the Federal Union, there was an effort to provide some uniformity as to county government being the same from county to county. However, because of Alabama's unique diversity, from region to region, many individual laws, called "Local Laws" were passed in the Legislature of Alabama by respective county Legislative Delegations to only apply to one county, while other county Legislative Delegations wrote other "Local Laws" to apply to their respective counties.

Generally, the place to begin researching for the powers, duties and functions of the governing body of Baldwin County starts with a review of Chapter 3, Title 11, Article 1, et seq., Code of Alabama 1975 ; however, please keep in mind that Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, adds other powers, duties & functions which strengthen the framework of the institutional governmental authority of the governing body of Baldwin County. The auxiliary place to research the additional powers, duties & functions of the governing body of Baldwin County, through the General Law , should include a detailed review of the Ready Reference Index / General Index (Volume 24) of the Code of Alabama 1975 under the sections titled "Counties," "County" & "County Commission," published under the supervision of the State of Alabama Legislative Council. The auxiliary place to research the additional powers, duties & functions of the governing body of Baldwin County, through the enactment of Local Laws relating to the County, should include a detailed review of the State of Alabama Local Laws Index , published by the Legislative Reference Service of the State of Alabama.

Additionally, when assessing those powers, duties & functions exercised by any Alabama county, it is detrimental to remember that counties are considered public quasi-corporations created by the State to serve as political subdivisions of such and, as a result, are limited, by the Legislature of Alabama, in what functions they perform.

Therefore, the express purpose of their creation is to assist the State in carrying out the authorized functions necessary to protect the health & welfare of the citizenry within a geographical area. As a result of having legislatively limited and narrowly defined powers, almost all counties in Alabama are considered to be lacking of "home rule" (with the exception of a handful of counties granted limited home rule powers) which, if established, would give a county those powers already exercised by municipalities - such as the power to unilaterally establish rules and regulations deemed appropriate by their respective governing bodies to be applicable within their jurisdictional limits without the consent of the Legislature of Alabama.

Historical Overview

In order to understand the historical chronology of Baldwin County's government, it is best to summarize the political timeline into five basic periods: Mississippi Territory - Statehood (1809-1819), Twenty-second State - Early years (1819-1821); Administrative Court (1821-1931), Commission form of Government (1931-1988) & Seven Member Commission (1988-Present).

Mississippi Territory - Statehood (1809-1819)

During this period very little historical records exist as to the semblance of what we regard today as "local government." It would be logical to assume that Baldwin County came under the political umbrella of the Mississippi Territorial Legislature with governance exercised at the lower tier by Territorial military officers.

As portions of the Mississippi Territory approached Alabama statehood, Baldwin County fell under the influence of the Alabama Territorial Legislature.

Twenty-second State - Early years (1819-1821)

Again, during this period very little historical records exist as to the semblance of what we regard today as "local government." It would be logical to assume that Baldwin County came under the political umbrella of the newly formed Twenty-second State in the Union - Alabama, which was in the process of defining the form of republican governance exercised by its political subdivisions.

Administrative Court (1821-1931)

In 1821, shortly after admission into the Union, the Legislature of Alabama adopted an Act which created and established the earliest form of true "county" government among the several existing counties in the state. The newly formed county government was referred to as the "Administrative Court (of Baldwin County)," which after a period of time became generally referred to as the "Board of Revenue (of Baldwin County)" or "Court of County Commissioners (of Baldwin County)."

At the onset, the "Administrative Court" consisted of four (4) elected "commissioners of roads and revenue," within the several counties, who each served for a period of one year. Commissioners under this form of government (Administrative Court or Board of Revenue or Court of County Commissioners) were vested with authority over the roads and revenue within the county's jurisdictional limits. Such a Board could consider policy when any two commissioners and the judge of the county court were in attendance during regular meetings.

Importantly, during this period, please keep in mind that while the Baldwin County's government operated by the 1821 law establishing the "Administrative Court," they additionally came under the legislative oversight of the applicable provisions set forth in Code of Alabama 1852 ; Code of Alabama 1867 ; Code of Alabama 1876 ; Code of Alabama 1886 ; Code of Alabama 1896 ; Code of Alabama 1907 , as amended by subsequent Acts & the Code of Alabama 1923 , as amended by subsequent Acts.

Commission form of Government (1931-1988)

On May 29, 1931, the Legislature of Alabama adopted Act No. 239, later amended, which abolished the form of county government commonly known earlier as the Board of Revenue of Baldwin County and established in lieu of a "Commission form of government." Importantly, it was at this time that Baldwin County's government became known as the "Baldwin County Commission."

In the early days of the Baldwin County Commission, their powers, duties & functions mirrored those powers they exercised while they were referred to as a Board of Revenue with some "political" and "organizational" alterations.

Politically, Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, required the four commissioners to be elected by a vote of the entire county (at-large elections) to represent four geographically drawn districts. While each commissioner ran an election countywide, they were each required to be a resident of the district they wished to represent. Notably, Commissioners now exercised a four year term of office instead of the one year terms as members of the Board of Revenue. Additionally, Baldwin County's first county commissioners were appointed by Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, with the District 1 Commissioner & District 3 Commissioner running for election in November, 1932, and every forth year thereafter, and the District 2 Commissioner & District 4 Commissioner running for election in November, 1934, and every forth year thereafter (i.e. County Commissioners elected at staggered intervals).

Organizationally, Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, required that the first Commission meeting in January of each year be utilized as an "organizational meeting" (since 1931, as required by Local Law, the Baldwin County Commission has held such an organizational meeting until they were required by all Alabama County Commissions by General Law after any new County Commissioner or County Commission is elected). At the organizational meeting commissioners designated or elected, from among themselves, a respective commissioner to exercise the following duties:

1. Chairman & Purchasing Division Commissioner authorized, among other things, to:
- Preside over meetings; and
- Sign warrants; and
- Act as purchasing agent.

2. Road & Bridge Commissioner authorized, authorized among other things, to:
- Recommend to the Commission the location, construction, maintenance & repair of all roads & bridges in the county; and
- Render assistance to State Highway Department with work in the county.

3. Finance & Taxation Commissioner authorized, among other things, to:
- Keep Commission informed as to the financial condition of the county; and
- Gather information necessary for the proper valuation of property in the county.

4. Civic & Industrial Commissioner authorized, among other things, to:
- Survey the natural resources in the county to ensure they are fully developed & utilized; and
- Act as a liaison with all communities, municipalities & State agencies.

The Commission form of government in Baldwin County, as set forth in Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, remained fully operable, with minor alterations from time to time, until June 6, 1988, when a Federal Court rearranged the composition of Baldwin County's governing body.  Presently, and since September, 2002, pursuant to the Judgements and Orders of the Federal Court, the Commission form of government, as established pursuant to Act No. 239, 1931 Regular Session of the Legislature of Alabama, will, again, become fully operable commencing on November 9, 2004.

It is important to note that a great number of provisions in Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, are still in effect today with the most significant exclusion remaining the provision setting the number of county commissioners and their method of election.

Importantly, as during the period under the "Administrative Court" (1821-1931), please keep in mind that while the Baldwin County's government operated under Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, they additionally came under the legislative oversight of the applicable provisions set forth in Code of Alabama 1940 , as amended by subsequent Acts; Code of Alabama 1958 recompiled and later amended by subsequent Acts & the Code of Alabama 1975 , as amended by subsequent Acts.

Seven Member Commission (June 6, 1988-November 9, 2004)

The Seven Member Commission has its roots vested in a transformation that would alter America's and the South's political landscape dramatically. In particular, as established by the Legislature in 1931, Baldwin County's "Commission form of government" required, what were termed as "at-large elections," where respective county commissioners, while elected to represent a single district, were at the same time required to run countywide or "at-large." By the General electoral cycle in 1988, the method of electing Baldwin County Commissioners would change.

In short, on June 6, 1988, the (Federal) District Court of the United States for the Middle District of Alabama, Northern Division, issued a "Judgment and Injunction" on a case known as Dillard, et al. v. Baldwin County Commission in which a group of citizens questioned the pure at-large system of electing county commissioners in Baldwin County.

The Federal Judge ruled in Dillard that the pure at-large system of electing county commissioners in Baldwin County violated Section 2 of the Voting Rights Act of 1965 , as amended. Section 2 of the Voting Rights Act of 1965 is violated when official actions are taken or maintained with a racially discriminatory intent or the action has racially discriminatory results (i.e. the group of citizens who questioned the pure at-large system of electing county commissioners did so because they believed that an at-large system made it impossible for a one segment of the citizenry to be elected to and be represented on the Baldwin County Commission).

The Federal Judge in Dillard ordered the four member Baldwin County Commission to implement a plan, for use in the 1988 General Electoral cycle and thereafter, which would increase the number of county commissioners to seven, eliminate the pure at-large system for electing county commissioners and instead institute a method known as the single-member, single-district plan for electing Baldwin County Commissioners.

The single-member, single-district plan in Baldwin County provided that each member of the seven member Baldwin County Commission was elected from a singular area (District) of the county, rather than having to run for such office countywide.

Commission form of Government (November 9, 2004 - Present)

Beginning on November 9, 2004, the Baldwin County Commission will revert to the organizational setting as set forth by Act No. 239, 1931 Regular Session of the Legislature of Alabama, as amended, and as explained above at the subsection entitled "Commission form of Government (1931-1988)."  The reason for the foregoing remains that on September 3, 2002, the Federal Court issued a "Judgment" with such "Judgment" amended by an "Order," dated September 16, 2002, wherefore such instruments, collectively, and among other things, vacated the "Judgment and Injunction" issued on June 6, 1988, which requires the Baldwin County Commission operate pursuant to Act No. 239, 1931 Regular Session of the Legislature of Alabama. 

The primary effect of this reversion remains that the Baldwin County Commission will be composed of four commissioners to be elected by a vote of the entire county (at-large elections) to represent four geographically drawn districts. Importantly each of the four commissioners beginning their respective terms on November 9, 2004, ran for election by countywide vote as a resident of the district they wished to represent and will serve only a two year term commencing November 9, 2004, and expiring November 14, 2006; thereafter, commissioners will serve four year terms each.

Meetings of & other information about the Baldwin County Commission

I. (Formal) Regular Meetings of the Baldwin County Commission

Today, as a governing body, the Baldwin County Commission sits as a policy-making Board for its formal regular meetings the first and third Tuesday, at 8:30 a.m., of each month in the County Commission Chambers at the Baldwin County Administration Building, located at 322 Courthouse Square, at the County Seat, in Bay Minette, Alabama.

Each member of the Baldwin County Commission exercises one vote, with a simple majority approving policy initiatives.

II. (Informal) Worksessions of the Baldwin County Commission

Additionally the Baldwin County Commission meets to discuss, informally, upcoming items or issues set for formal review during the next regular meeting the second and forth Tuesday, at 8:15 a.m., of each month in the Main Conference Room at the Baldwin County Administration Building, at 322 Courthouse Square, in Bay Minette, Alabama.

III. Other Information

Currently, Baldwin County Commissioners serve for a four year term, through which all are elected at the same time (non-staggered terms) and earn an annual salary of $32,000, with the Chairman earning an annual salary of $37,000.

Today, the Baldwin County Commission governs one of the fastest growing counties in the State of Alabama. Per official Census 2000 data, Baldwin County's population was officially recorded at 140,415 residents [2006 U.S. Census Estimate Data: 169,162 residents] and, coupled with the decisions associated to providing for the best infrastructure, planning & environmental needs, the Office of County Commissioner has evolved into one far removed from the days when road & bridge issues were paramount.

We invite you to become a part of this process and urge any member of our many communities to attend any of the meetings identified prior. With your help we can keep Big, Beautiful & Bountiful Baldwin fiscally, environmentally and thoughtfully well planned for a rich future, no doubt, all our children & grandchildren will enjoy.

Information compiled by:
David A. Z. Brewer, Assistant County Administrator; August, 2004; May, 2007