Alabama 2022 Regular Session

Alabama House Bill HB469 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB469
2	2	2 218299-1
3	3	3 By Representatives Brown (C) and Stringer (N & P)
4	4	4 RFD: Mobile County Legislation
5	5	5 First Read: 08-MAR-22
6	6
7	7	Page 0 1 218299-1:n:03/02/2022:FC/ma LSA2022-855
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9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8
15	15	9 A BILL
16	16	10 TO BE ENTITLED
17	17	11 AN ACT
18	18	12
19	19	13 Relating to the City of Semmes and the Town of
20	20	14 Dauphin Island in Mobile County; to amend Act 470 of the 1939
21	21	15 Regular Session (Acts 1939, 298), as amended, now appearing as
22	22	16 Sections 45-49-120 through 45-49-120.35 of the Code of Alabama
23	23	17 1975, establishing the Mobile County Civil Service System; to
24	24	18 amend Sections 45-49-120.01, relating to the unclassified
25	25	19 service, and Section 45-49-120.20, relating to layoffs, and to
26	26	20 add Section 45-49-120.36 to the Code of Alabama 1975, to
27	27	21 provide options for hiring and employment by the City of
28	28	22 Semmes and the Town of Dauphin Island.
29	29	23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30	30	24 Section 1. Sections 45-49-120.01 and 45-49-120.20,
31	31	25 Code of Alabama 1975, are amended to read as follows:
32	32	26 "§45-49-120.01.
33	33	27 "The following shall be in the unclassified service:
34	34	Page 1 1 "(1) Officials elected by popular vote and, in case
35	35	2 of death, resignation, or removal, their legal substitute.
36	36	3 "(2) Where by present law official duties of any
37	37	4 officer mentioned in subdivision (1) are or may be performed
38	38	5 by a chief assistant appointed by him or her, such chief
39	39	6 assistant.
40	40	7 "(3) Principals, supervisors, teachers, and
41	41	8 instructors in the public schools engaged in teaching or
42	42	9 supervising teaching, or both, and all employees of the Mobile
43	43	10 County School Board.
44	44	11 "(4) The personnel director provided for by this
45	45	12 part.
46	46	13 "(5) Independent contractors receiving their
47	47	14 remuneration from public funds under contracts awarded by
48	48	15 competitive bidding.
49	49	16 "(6) Persons in the "classified service" within the
50	50	17 meaning of and subject to the State Merit System under any
51	51	18 present or future law, and so long as any such law remains
52	52	19 effective.
53	53	20 "(7) Common laborers not engaged in regular
54	54	21 employment.
55	55	22 "(8) Attorneys, physicians, surgeons, and dentists
56	56	23 employed in their professional capacities.
57	57	24 "(9) The judge of any court.
58	58	25 "(10) Members of boards who are not employed on a
59	59	26 full time basis and are not required to devote their services
60	60	27 exclusively to such counties and cities therein.
61	61	Page 2 1 "(11) Any person whose employment is subject to the
62	62	2 approval of the United States government or of any agency
63	63	3 thereof.
64	64	4 "(12) All employees of the City of Semmes or the
65	65	5 Town of Dauphin Island who are funded by federal or state
66	66	6 funds or private grants.
67	67	7 "§45-49-120.20.
68	68	8 "(a) In accordance with the rules adopted under this
69	69	9 part, an appointing authority may layoff an employee in the
70	70	10 classified service whenever he or she deems it necessary by
71	71	11 reason of shortage of work or funds, or the abolition of a
72	72	12 position, or other material change in duties or organization.
73	73	13 The seniority and service ratings of employees shall be
74	74	14 controlling in determining the order of layoffs. The
75	75	15 appointing authority shall give written notice to the director
76	76	16 of every proposed layoff a reasonable time before the
77	77	17 effective date thereof, and the director shall make such
78	78	18 orders relating thereto as he or she considers necessary to
79	79	19 secure compliance with the rules. The name of every regular
80	80	20 employee so laid off shall be placed on the appropriate
81	81	21 reemployment list.
82	82	22 "(b) Upon the demonstration of extenuating
83	83	23 circumstances by the City of Semmes or the Town of Dauphin
84	84	24 Island, the order of layoffs of employees may be based on the
85	85	25 critical needs of the city or town and not solely on seniority
86	86	26 and service ratings. The City of Semmes or the Town of Dauphin
87	87	27 Island shall give written notice to the director of every
88	88	Page 3 1 proposed layoff a reasonable time before the effective date of
89	89	2 the layoff."
90	90	3 Section 2. Section 45-49-120.36 is added to the Code
91	91	4 of Alabama 1975, to read as follows:
92	92	5 Section 45-49-120.36.
93	93	6 (a) The City of Semmes and the Town of Dauphin
94	94	7 Island may elect to establish a program for the recruitment,
95	95	8 testing, interviewing, and hiring of all employees. The City
96	96	9 of Semmes or the Town of Dauphin Island making the election
97	97	10 shall notify the Director of Personnel in writing and provide
98	98	11 a copy of the human resources policies and procedures manual
99	99	12 adopted by the governing body of the City of Semmes or the
100	100	13 Town of Dauphin Island. The human resources policies and
101	101	14 procedures manual shall include personnel policy guidelines,
102	102	15 operational standards, employee management provisions, hiring
103	103	16 and termination procedures, and equal employment opportunities
104	104	17 and harassment policies in the workplace to ensure compliance
105	105	18 with applicable federal regulations.
106	106	19 (b) At the discretion of the City of Semmes or the
107	107	20 Town of Dauphin Island making the election provided in this
108	108	21 section, any employee exceeding performance standards may be
109	109	22 paid during the working test period at a rate up to, but not
110	110	23 in excess of, the mid-range of the pay plan established for
111	111	24 the position. Special adjustments and steps within the grade
112	112	25 or range of any class may be established.
113	113	Page 4 1 (c) Nothing in this section shall limit the right of
114	114	2 a classified employee to file a complaint or grievance
115	115	3 pursuant to the rules of the personnel board.
116	116	4 (d) If the City of Semmes or the Town of Dauphin
117	117	5 Island avails itself to the option of this section, the city
118	118	6 and town respectively shall be subject to an annual audit by
119	119	7 the personnel board conducted by a certified professional in
120	120	8 human resources to ensure compliance with the human resources
121	121	9 policy of the city or the town and any applicable federal
122	122	10 regulations.
123	123	11 Section 3. This act shall apply to the City of
124	124	12 Semmes and the Town of Dauphin Island and become operative as
125	125	13 to each municipality respectively only if a final order of a
126	126	14 court determines that both of the municipalities are under the
127	127	15 authority of the Mobile County Civil Service System and
128	128	16 subject to its procedures and regulations.
129	129	17 Section 4. This act shall become effective
130	130	18 immediately following its passage and approval by the
131	131	19 Governor, or its otherwise becoming law.
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