Alabama § 45-48-70.56 - Purchasing and Contract Limitations; Liability; Emergency Situations; Penalties.

§ 45-48-70.56. Purchasing and Contract Limitations; Liability; Emergency Situations; Penalties.

(a) It shall be unlawful for the commission or any member thereof to purchase or vote to purchase any property or enter into a contract for any work at a purchase price or contract price greater than two thousand dollars ($2,000) with the costs thereof to become due or to be paid after the expiration of the term of the office of the commissioners serving at the time the purchase is made, vote taken, or contract entered into. Any member of the commission violating this section, in addition to any criminal penalty, shall be personally liable to the county for reimbursement of the full purchase price or contract price involved and this provision is penal in nature and such sum or sums may be collected from each member of the commission violating this section.

(b) Provided however, action may be taken to meet the needs and demands of any emergency situation affecting the roads, bridges, or other facilities of the county and the operation and continuation of governmental services and operations. Provided further, the action taken shall have the written recommendation of the county engineer and the affirmative vote of not less than four members of the commission. The term emergency as used in this subsection means a sudden or unexpected and unforeseen occurrence or condition and does not mean mere expediency, convenience, or the best interest of. The emergency must present a strong, pressing, and compelling necessity for action to preserve the public health and safety or to insure a continuation of essential governmental functions.

(c) It shall be the duty of the District Attorney of the Twenty-seventh Judicial Circuit and of any circuit to which Marshall County may later be made a part, to enforce not only the criminal penalties of this section but also to bring suit in the circuit court for the collection of the monetary penalty herein provided for. The civil action shall be brought in the name of Marshall County and shall be for its use and benefit. Provided further, any private citizen may maintain the action and, if successful, may be allowed out of any recovery a reasonable attorney’s fee and reimbursement for any other necessary and reasonable expenses in bringing and maintaining the action. The determination of all issues and questions arising out of any attempt to recover the civil penalty shall be determined by a court without a jury.