Homewood council declines request to seek Attorney General opinion on city‑manager residency

The Homewood City Council on March 9 rejected a motion to ask the Alabama Attorney General for an interpretation of the city‑manager residency requirement, with the vote failing 4–1.

Councilor Lane, who made the motion, said the request was aimed at clarifying whether the Council‑Manager Act requires the city manager to live in Homewood and to avoid excluding otherwise qualified candidates who live nearby. “I would like to broaden our horizon and give Homewood a better chance going forward,” Lane said, arguing the rule could prevent consideration of candidates who live in adjacent municipalities.

Opponents raised legal and practical concerns. One councilor warned that an Attorney General opinion could be “binding” in practice and remove any transition flexibility for a newly hired manager. The city attorney told the council that AG opinions are interpretive and cannot change the law but often receive deference in court, and he noted the draft resolution listed five interpretive questions for the attorney general to answer.

During debate, councilors also discussed alternatives, including pursuing a legislative change through state representatives and senators. “That would be my perspective — a future advocacy issue and not an AG opinion,” one councilor said, urging a legislative approach if the council wants to change the law.

When the motion reached a roll‑call vote, Councilor Lane was the lone yes vote; Councilor Simmons, Councilor Sims, Councilor Olmstead and Mayor Anders voted no. The motion did not pass.

No further action on the residency requirement was taken at the March 9 meeting. The council did not adopt any directive to pursue legislation, and the transcript does not record a subsequent plan or timeline for next steps.