CHEROKEE -- Thelma Lambert has lost her position as councilwoman because of consecutive absences, but whether she can be reinstated remains unclear.
During Tuesday night’s Town Council meeting, council President Steve Glover produced documentation from the Alabama League of Municipalities showing that because Lambert had not attended a council meeting in the past 90 days, by law, she may no longer hold the office. She did not attend Tuesday’s meeting, citing sickness.
According to a letter from the League’s general counsel, Lori Lein, in response to Glover’s request for information, the law states that the time on Lambert’s absences begin with the first meeting missed within that 90-day period, which was Nov. 9. That means her removal was effective Feb. 6. The law goes on to state that a removed council member may be reinstated by the remaining council at the next regular meeting.
The council on Tuesday, under the assumption that the meeting was the “next regular meeting” after the 90 days, did not take action to reinstate Lambert. Glover said no one made the motion for that to happen.
Another attorney in the League’s office, Deputy General Counsel Tracy Roberts, said the 90-day period doesn’t begin until the day after the last meeting, Nov. 10, which Lambert attended.
“The meeting Tuesday night was (Lambert’s) last opportunity to attend a meeting within the 90-day time period,” Roberts said. “Her seat was vacated as of midnight on Feb. 7.” If that scenario is correct, Lambert could be reinstated at the next scheduled meeting of the Town Council.
The Code of Alabama that addresses the issue states: “Any elected municipal official who misses all regular and special called council or commission meetings for 90 consecutive days, beginning on the date of any absence, shall be removed from office by operation of law.
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