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:

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 Judgments 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 Dullard, 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 Dullard 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 Dullard 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 county-wide.

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 at 10:00 a.m. on the first and third Tuesday of each month.  The meetings are held in the Baldwin County Administration Building, located at 322 Courthouse Square, at the County Seat in Bay Minette, Alabama, on the first Tuesday, and in the Baldwin County Fairhope Satellite Courthouse, located at 1100 Fairhope Avenue, in Fairhope, Alabama, on the third Tuesday of each month.

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

II. (Informal) Work Sessions of the Baldwin County Commission

The Baldwin County Commission holds an informal work session at 9:00 a.m. prior to each regular meeting to discuss items or issues on the upcoming regular meeting agenda.

III. Other Information

Currently, Baldwin County Commissioners serve for a four-year term, for which all are elected at the same time (non-staggered terms) and earn an annual salary of $62,063.28, with the Chairman earning an annual salary of $67,063.20.

Today, the Baldwin County Commission governs one of the fastest growing counties in the State of Alabama. Per official 2020 U.S. Census data, Baldwin County's population was officially recorded at 231,767 residents and, coupled with the decisions associated with providing for the best infrastructure, planning and environmental needs, the Office of County Commissioner has evolved into one far removed from the days when road and 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 Baldwin County fiscally, environmentally and thoughtfully well planned for a rich future our children and grandchildren can enjoy.