Section 45-39-40.21 Barbers Commission.

(a) There is hereby created a barbers commission for the county to which his article applies. The Governor shall appoint three persons, each of whom immediately prior to the date of his or her appointment has been a resident of the county for three years, and who has had at least five years’ experience as a barber, one member to be appointed for a term of one year, one member to be appointed for a term of two years, and one member to be appointed for a term of three years. Thereafter, the term of any member appointed and qualified to succeed the members of any such barbers commission first appointed shall be for three years and until his or her successors shall have been appointed and qualified. (b) Members to fill vacancies shall be appointed or selected in the manner following: The commission, 60 days prior to the expiration of the term of any commissioner or the chair of the commission, shall give notice in writing to the licensed barbers of the county that such vacancy will be created on the date of the expiration of the term of the commissioner whose term is about to expire; or if a vacancy be caused for any reason other than the expiration of the term, the barbers commission, within 30 days after such vacancy is created, shall give notice to the licensed barbers of the county of the vacancy, calling upon the barbers to suggest to the barbers commission the names of three barbers to fill the vacancy or vacancies thus occasioned; to that end a ballot shall be prepared and enclosed in the letter notifying the barbers of the vacancy or vacancies thus created, the ballot reading: “I hereby nominate for appointment by the Governor of the State of Alabama to the Barbers Commission for Lauderdale County, Alabama, one of the following named three persons: __________, ____________, __________.” The ballots shall be numbered and identified in such manner as to prevent anyone employing any ballot other than that forwarded to the licensed barber entitled to vote for fraudulently reproducing a ballot; and in addition to the ballot, the barbers commission shall forward the licensed barber an envelope addressed to the barbers commission of the county and properly stamped with postage of the United States government. When the ballots are returned to the barbers commission, they shall be opened on a day designated in the notification forwarded the duly licensed barbers of the county in the presence of the commissioners of the barbers commission then serving, and the ballots shall be counted, and the names of the three barbers who shall receive the greatest number of votes shall be selected as the three nominees of the barbers commission of the county, and the barbers commission shall then certify to the Governor of the State of Alabama the names of the three barbers receiving the highest number of votes, and the Governor shall appoint one of the three persons thus designated to fill the vacancy created. If more than one vacancy exists at any time, there shall be nominated in the manner hereinabove designated and certified to the Governor three nominees for each vacancy, so that if there be one vacancy, there shall be three nominees; if there be two vacancies, there shall be six nominees; and if there be three vacancies, there shall be nine nominees certified to the Governor, who shall select for appointment one nominee from each group thus nominated. Vacancies shall be filled for the unexpired terms. The commission, immediately upon the qualification of the member appointed each year, shall organize by selecting from its members a chair, and may do all things necessary or convenient for carrying into effect the provisions of this article. (c) Each member of the commission shall receive as full compensation each day actually spent in the work of the commission the sum of six dollars ($6) per day and his or her actual and necessary expenses thereby incurred. The commission shall appoint, and at its pleasure discharge, the secretary-treasurer and such assistants as may be deemed necessary to discharge the duties imposed by this article. The treasurer so appointed shall be required to enter into a bond to be approved by the commission in the sum of not less than one thousand dollars ($1,000) conditioned to pay any shortage or loss of funds on hand by the treasurer during his or her term of office or at the time that he or she is holding office. The commission shall outline the duties and fix the compensation of the treasurer. The commission shall obtain such office space, furnishings, and other proper conveniences as shall be reasonably necessary for carrying out this article. The commission shall adopt a seal, with such design as it may prescribe engraved thereon, by which it shall authenticate its proceedings. The commission shall make appropriate rules and regulations for the administration of the office of the commission and for the purpose of carrying out this article. In addition thereto, the commission is empowered to make reasonable inspection of the barbers and barbershops of the county to the end that they observe proper methods of sanitation and sterilization in and about the conduct of their business. Copies of all records and papers in the office of the commission duly certified and authenticated by its seal shall be received in evidence in all courts with like effect as the original. All records kept in the office of the commission under authority of this article shall be open to public inspection under such rules and regulations as shall be prescribed by the commission. All fees and charges collected by the commission under this article shall be paid into the treasury of the commission. The funds shall be used and kept exclusively in the hands of the treasurer of the commission, and shall be used under the direction of the commission, not inconsistent with this article. Funds may be disbursed by an order of the commission and approved by the chair of the board, on a check being drawn by the treasurer against such funds, as may be on hand, for the purpose of paying all expenses incurred by the commission, including the compensation of members and their employees and their assistants and the treasurer, provided the total expenses for every purpose incurred shall not exceed the total fees and charges collected and paid into the treasury of the commission. All monies remaining in the separate fund at the end of the fiscal year, not expended as herein provided, shall become a part of the funds of the commission and shall be retained by the commission and may be deposited in any bank or savings account or otherwise.