1 HB483
2 216227-2
3 By Representatives Whitt, Reynolds, Sanderford, McCutcheon,
4 Whorton and Ball (N & P)
5 RFD: Madison County Legislation
6 First Read: 09-MAR-22
Page 0 HB483
1
2 ENROLLED, An Act,
3 Relating to Madison County; to amend Sections 1, 2,
4 4, 7, 10, 11, 12, 13, 14, 15, and 16 of Act 941 of the 1973
5 Regular Session (Acts 1973, p. 1447), creating and
6 establishing a county-wide personnel system; to further
7 provide for the composition, powers, duties, functions, and
8 expenses of the personnel board; to provide for the employees
9 to be covered by the personnel board; to establish a method
10 for the board to hear and decide appeals filed by covered
11 employees; to provide for injunctive relief for violations of
12 this amendatory act; to repeal Sections 3, 5, 6, 8, and 9 of
13 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447); and
14 to make nonsubstantive, technical revisions to update the
15 existing language to current style.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. Sections 1, 2, 4, and 7 of Act 941 of the
18 1973 Regular Session (Acts 1973, p. 1447) are amended to read
19 as follows:
20 "Section 1. (a) In Madison County, there is hereby
21 created and established a personnel department for the
22 government and control of all employees and appointees holding
23 positions in the classified service, as defined in Section 4
24 board to hear and decide appeals filed by employees who are
25 covered under this act as provided in Section 4 of Act 941 of
Page 1 HB483
1 the 1973 Regular Session (Acts 1973, p. 1447), as amended by
2 this amendatory act.
3 "(b) The personnel department shall consist of a
4 personnel board and a personnel director. The personnel board
5 shall consist of three members,: One to be appointed by the
6 sheriff of the county; one to be appointed by the county
7 governing body; one to be appointed as a joint appointee by
8 the Sheriff of the County, the Circuit Court Clerk, the County
9 Judge and the District Attorney; one to be appointed by the
10 county governing body; and one to be appointed as a joint
11 appointee by the County Tax Assessor, the County Tax
12 Collector, and the Probate Judge. Members of the Personnel
13 Board now serving in Madison County by authority of Acts 1392
14 and 1488 of the 1971 Regular Session shall continue to serve
15 until the end of their respective terms. At the expiration of
16 the term of each member, his successor shall be appointed for
17 a term of six years county tax assessor, the county license
18 director, the county tax collector, and the judge of probate,
19 with the county commission having the authority to break any
20 tie vote as between the tax assessor, license director, tax
21 collector, and judge of probate. Members of the personnel
22 board may be replaced at any time during their term through
23 appointment of a new member in the manner set forth in this
24 subsection.
Page 2 HB483
1 "(c) No later than 90 days following the effective
2 date of the act adding this amendatory language, members of
3 the personnel board shall be selected and appointed in the
4 manner provided in subsection (b) and shall replace any
5 existing members of the personnel board upon appointment.
6 Members of the personnel board shall be appointed for a term
7 of three years from their date of appointment; provided,
8 however, that in order to establish and maintain staggered
9 terms of office, the initial term of the member selected
10 jointly by the tax assessor, license director, tax collector,
11 and judge of probate shall be two years, and the initial term
12 of the member appointed by the sheriff shall be one year.
13 Vacancies shall be filled for the unexpired term in the same
14 manner as the initial appointment.
15 "(c) (d) The members of the board shall be qualified
16 electors of the county. No person shall be appointed to the
17 board who holds any salaried public office or employment with
18 the county, nor shall any member, while a member of the board
19 or for a period of one year after he or she has ceased to be a
20 member, be eligible for appointment to any salaried office or
21 employment in the service of the county or any county elective
22 office.
23 "(d) The board shall hold one regular meeting each
24 month and such special meetings as it shall deem necessary.
25 (e) The board shall meet as specified in Section 2 of Act 941
Page 3 HB483
1 of the 1973 Regular Session (Acts 1973, p. 1447), as amended
2 by this amendatory act, to carry out the business of the board
3 and hear any appeals under this act. The members of the board
4 shall receive Fifteen Dollars fifteen dollars ($15.00) per
5 diem for each meeting of the board they attend. The board
6 shall may not meet in excess of thirty 10 days per year;
7 provided, however, that the time consumed by the personnel
8 board in hearings conducted under the provisions of subsection
9 (c) of Section 10(b) of this Act Act 941 of the 1973 Regular
10 Session (Acts 1973, p. 1447), as amended by this amendatory
11 act, shall not be counted as a part of said thirty the 10
12 days.
13 "Section 2. The members of the board shall elect one
14 of their members chairman as chair, whose duties shall include
15 calling, organizing, and presiding over meetings of the board,
16 as well as ruling upon any evidentiary objections raised in
17 the course of adjudicating appeals filed before the board. The
18 members of the board shall also elect a secretary whose duty
19 shall be to keep the minutes of the board. Each officer
20 elected by the board shall serve in that capacity for a term
21 of one year. The board shall determine the order of business
22 for the conduct of its meetings and meet on the call of the
23 chairman chair or by two of the members or by request of the
24 county governing body, and as necessary to timely adjudicate
25 any appeals filed under this act. Two members of the board
Page 4 HB483
1 shall constitute a quorum for the transaction of business. The
2 functions of the board shall be:
3 "(a)(1) To formulate and promulgate adopt a set of
4 rules to supplement this Act act and revisions and amendments
5 thereof.
6 "(b) To act in an advisory capacity to the governing
7 body of the county on problems concerning personnel
8 administration.
9 "(c)(2) As provided by this Act act, and by rule, to
10 hear and decide appeals submitted by any person in the
11 classified service covered under this act, as set out in
12 Section 10 4 of Act 941 of the 1973 Regular Session (Acts
13 1973, p. 1447), as amended by this amendatory act.
14 "(d)(3) In any investigation or hearing conducted by
15 the board, it shall have the power to may examine witnesses
16 under oath and compel their attendance or the production of
17 evidence before it by subpoenas issued in the name of the
18 county. Each member of the board shall have the power to
19 administer oaths to witnesses.
20 "(e) To hold hearing on and adopt or revise the
21 position classification plan. The board shall adopt a position
22 classification plan and class specifications and revisions
23 thereof, allocate and reallocate positions in the classified
24 service to classes.
Page 5 HB483
1 "(f) To establish, after consultation with the
2 governing body of the county and the elective officials of the
3 county, coming within the provisions of this Act, a pay plan
4 for all employees in the classified service. Such pay plan
5 shall include, for each class of positions, a minimum and a
6 maximum rate or rates as may otherwise in specific
7 circumstances be fixed by law and such intermediate rates as
8 may be deemed necessary or advisable by the personnel board;
9 provided, however, that in the establishing of said pay plan
10 for employees in the classified service and in the fixing of
11 said minimum and maximum rates the board may not reduce the
12 salary or wage of any employee in the classified service below
13 that which is being earned by said employee at the time of the
14 enactment of this bill into law unless said reduction is an
15 economy measure or is part of a general curtailment program as
16 specified in Section 10 (c) of this act.
17 "Section 4. (a) The provisions of this Act act shall
18 apply to all of the following officers and employees in the
19 service of the county:
20 "(a)(1) All employees of the county tax assessor;.
21 "(b)(2) All employees of the county tax collector;.
22 "(c)(3) All employees of the county sheriff;, except
23 the chief deputy.
24 "(d)(4) All employees of the circuit court clerk;
25 Madison County License Director.
Page 6 HB483
1 "(e)(5) All employees of the circuit court register;
2 the board of registrar's office.
3 "(f)(6) All employees of the County Court; judge of
4 probate's office.
5 "(g)(7) All Assistant District Attorneys and all
6 employees of the circuit district attorney. employees of any
7 elected officials of Madison County whose operations and
8 employees are funded through the Madison County Commission by
9 law.
10 "(h) The director of the county license department
11 and all employees of the director; (8) All officers and
12 employees of Madison County except any of the following:
13 "(i) Employees of the board of registrar's office;
14 "(j) All employees of the probate judge's office;
15 "(k) All employees of the Circuit Court including
16 court reporters and bailiffs, provided, however, that the
17 provisions of this Act shall apply to court reporters for the
18 sole and limited purpose of allowing the personnel board to
19 fix the amount of county salary supplement to be paid to such
20 court reporters, and such board is hereby authorized and
21 empowered to fix such supplement.
22 "(l) All probation officers of the circuit court;
23 "(m) All other officers and employees in the service
24 of the county except:
25 "(i) Elective officers; a. Elected officials.
Page 7 HB483
1 "b. Members of appointed boards, commissions, and
2 committees.
3 "(ii) Members of appointive boards, commissions and
4 committees;
5 "(iii) All employees or appointees of the county
6 board of education, or persons engaged in the profession of
7 teaching or in supervising teaching in the public schools;
8 "(iv) Attorneys, physicians, surgeons, and dentists
9 who with the express or implied permission of any appointing
10 authority or of the county, hold themselves out for employment
11 by others in the same or a like line of work as that performed
12 by them for such appointing authority;
13 "(v) Persons in the "classified service" within the
14 meaning of and subject to the State of Alabama merit system
15 under any present or future law, and so long as any such law
16 remains effective;
17 "Offices, positions and employments specifically
18 designated above as coming within the scope of this Act, and
19 other offices, positions and employments not exempted above,
20 shall constitute the classified service of the county. It is
21 intended hereby to include within the classified service all
22 offices, positions and employments now existing, or as they
23 may hereafter exist, in whole or in part from funds of any
24 such county, or the holders of which receive their
25 compensation from any elected official and perform duties
Page 8 HB483
1 pertaining to the office of such elected official or officer
2 except those hereinabove exempted in this Section. It shall be
3 made mandatory, upon the enactment of this bill into law, that
4 all employees hereinbefore designated as included within the
5 "classified service" of the county shall be so included.
6 "(b) This act shall not apply to independent
7 contractors of any employer covered by this act.
8 "(c) If any individual holds the position of
9 personnel director on the effective date of this amendatory
10 act, that director, on the effective date of this act, shall
11 become an employee solely of Madison County and shall cease to
12 hold any authority with respect to the operations of the
13 personnel board.
14 "Section 7. During the period of suspension of any
15 employee, or pending final action on proceedings to review the
16 suspension, demotion, or dismissal of an employee, the vacancy
17 may be filled by the appointing power only by temporary
18 appointment. The personnel board's power following a review of
19 any suspension or termination hereunder shall be limited to
20 either affirming the suspension or termination or vacating the
21 suspension or termination.
22 Section 2. (a) Upon initial hire and in the event of
23 any promotion or change in job title, any employee covered by
24 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447), as
25 amended by this amendatory act, shall be subject to an initial
Page 9 HB483
1 probationary period of six months, except that the length of
2 the probationary period for any employee of the sheriff shall
3 be one year, during which period the employee may be
4 terminated at any time and for any reason, without any right
5 of appeal pursuant to this act.
6 (b) With respect to any employee whose initial
7 probationary period has expired, an additional period of
8 disciplinary probation may be imposed upon any employee
9 covered by this act, but that employee may exercise his or her
10 right to appeal under Section 10 of Act 941 of the 1973
11 Regular Session (Acts 1973, p. 1447), as amended by this
12 amendatory act. During any term of disciplinary probation, the
13 employee may be terminated upon the first occurrence of any
14 further violations of any written rules or policies of the
15 appointing authority.
16 Section 3. Any employee covered Act 941 of the 1973
17 Regular Session (Acts 1973, p. 1447), as amended by this
18 amendatory act, shall be subject to suspension without pay by
19 the appointing authority without right of appeal pursuant to
20 this act, provided any unpaid suspension may not exceed a
21 total of 15 working days. Any unpaid suspension exceeding 15
22 working days shall be subject to a right of appeal by the
23 employee pursuant to Section 10 of Act 941 of the 1973 Regular
24 Session (Acts 1973, p. 1447), as amended by this amendatory
25 act.
Page 10 HB483
1 Section 4. Sections 10, 11, 12, 13, 14, 15, and 16
2 of Act 941 of the 1973 Regular Session (Acts 1973, p. 1447)
3 are amended to read as follows:
4 "Section 10. (a) No employee in the classified
5 service covered by this act may be demoted, dismissed, or
6 reduced in pay without just cause and the opportunity to
7 demand a hearing pursuant to this section prior to
8 implementation of the demotion, dismissal, or reduction in
9 pay.
10 "(b) Any employee in the classified service who has
11 been demoted, dismissed or reduced in pay, shall be entitled
12 to receive a written statement of the reasons for such action
13 from the appointing authority within three working days, and
14 he shall have three working days time thereafter within which
15 to file an answer in writing thereto. A copy of such charges
16 and answer shall be filed with the personnel director. In the
17 event the employee files an answer, a copy of the written
18 charges and of such answer shall be transmitted by the
19 personnel director to the personnel board. Within ten working
20 days from the date of the filing of his answer to the written
21 charges, or in the event such written charges have not been
22 made available to him within the time prescribed, then within
23 ten working days after the action taken to demote, dismiss or
24 reduce the pay of the employee, he may file a written demand
25 with the personnel director, requesting a hearing before the
Page 11 HB483
1 personnel board. The board shall then investigate the case and
2 conduct a hearing as provided by this Act and by the rules.
3 Hearings shall be informally conducted and the rules of
4 evidence need not apply. Any time an appointing authority
5 proposes to demote, dismiss, place upon disciplinary
6 probation, reduce in pay, or suspend without pay any covered
7 employee, the appointing authority shall first present to the
8 employee a written statement of the specific adverse action
9 proposed and the reasons for that action, and shall inform the
10 employee of a specific date and time at which the employee
11 shall have an opportunity to discuss the proposed adverse
12 action with the appointing authority. This meeting shall not
13 occur sooner than three days after the notice of the proposed
14 action. The appointing authority shall consider any argument
15 made by the employee prior to implementing any proposed
16 adverse action.
17 "(c)(1)a. No later than five working days following
18 any dismissal, demotion, reduction in pay, or unpaid
19 suspension of greater than 15 days of any covered employee,
20 the employee may file a written demand with the chair of the
21 personnel board requesting a hearing before the board to
22 contest the adverse action and requesting that the adverse
23 action be vacated.
24 "b. The employee, in that same manner and within
25 that same time frame, also may request a hearing before the
Page 12 HB483
1 personnel board to appeal to the board to rectify any alleged
2 failure by the appointing authority to provide the notice and
3 meeting required by subsection (b).
4 "(2)a. Upon receipt of a valid, timely written
5 notice of appeal, the board shall conduct a hearing as
6 provided by this act and by the rules of the personnel board,
7 and shall either affirm the decision of the appointing
8 authority or vacate the action of the appointing authority.
9 "b. The board shall affirm the decision of the
10 appointing authority so long as it is reasonably satisfied
11 from the evidence that a proper pre-disciplinary meeting was
12 provided and that the employee violated the rules, policies,
13 or procedures of the appointing authority in effect at the
14 time of the acts or omissions of the employee that resulted in
15 the adverse action.
16 "(d) Hearings under subsection (c) shall be
17 informally conducted. The rules of evidence do not apply. All
18 witnesses shall be sworn, and the employee and appointing
19 authority may each be represented by counsel of their own
20 choosing. A verbatim record of all proceedings before the
21 board shall be prepared and transcribed by a certified court
22 reporter.
23 "(c) The (e) Notwithstanding any provision of this
24 section to the contrary, the provisions of this section,
25 including those providing a method for appeal to the personnel
Page 13 HB483
1 board, shall not apply to reductions in pay which are part of
2 a general plan to reduce salaries and wages as an economy
3 measure or as part of a general curtailment program; provided,
4 however, that said reductions. Reductions in pay which are
5 part of a general plan to reduce salaries and wages as an
6 economy measure or as part of a general curtailment program
7 shall be prorated to all employees in the classified service
8 of the appointing authority.
9 "(d)(f) The action of the personnel board after
10 hearing pursuant to this section shall be final and
11 conclusive; provided, however, that the action of the
12 personnel board pursuant to such hearing may be reviewed by
13 the circuit court of the county upon the filing, by either the
14 employee or the appointing authority, in said circuit court of
15 the county of a petition for writ of mandamus directed to the
16 said personnel board and provided that said petition is filed
17 by the said employee or the said appointing authority within
18 thirty days from the date the decision of the personnel board
19 has been rendered. The circuit court of the county shall have
20 jurisdiction to hear the case de novo in said mandamus
21 proceeding . Any employee wishing to dispute a decision of the
22 appointing board relating to that employee may seek review of
23 the board's decision in the circuit court of Madison County by
24 the filing of a petition for a common law writ of certiorari.
25 On any appeal, the court shall uphold the decision of the
Page 14 HB483
1 board if due process pursuant to this act was provided to the
2 employee and if any legal evidence exists to support the
3 decision of the board. Any review by the circuit court shall
4 be limited to the record presented to the board, and no party
5 shall be entitled to a trial by jury in the circuit court.
6 "Section 11. Whenever in the judgment of any
7 appointing authority it becomes necessary in the interest of
8 economy or because the necessity for any position in his or
9 her appointing authority no longer exists, he the appointing
10 authority may abolish any position in the classified service
11 held by any employee covered by this act within his, her, or
12 its appointing authority and lay off terminate the employee
13 holding such position or employment without filing written
14 charges and without the right to a hearing as provided in
15 Section 10 of this Act Act 941 of the 1973 Regular Session
16 (Acts 1973, p. 1447), as amended by this amendatory act.
17 "Section 12. In any matter requiring the services of
18 an attorney, the personnel board may call upon the county
19 attorney to render such any legal services to the board as it
20 may deem necessary or advisable, and may contract with outside
21 legal counsel to provide guidance and assistance to the board
22 during disciplinary hearings and in preparing any written
23 decisions.
24 "Section 13. The compensation and all other expenses
25 of the personnel board, the personnel director and all others
Page 15 HB483
1 arising under the provisions hereof, shall be paid by the
2 county governing body on requisition drawn by the personnel
3 director; provided, however, that the county commission may
4 establish and enforce a budget for the personnel board
5 sufficient to fund the operations of the board.
6 "Section 14. It is the intent of this Act act to
7 create a personnel system board to hear and determine
8 personnel appeals for Madison county effective upon the
9 enactment of this bill into law County .
10 "Section 15. Any person who violates any of the
11 provisions of this Act act shall be guilty of a misdemeanor
12 subject to a suit for injunctive relief only. Notwithstanding
13 the foregoing, the appeal procedure set out in subsection (f)
14 of Section 10 of Act 941 of the 1973 Regular Session (Acts
15 1973, p. 1447), as amended by this amendatory act, shall be
16 exclusive as to any action seeking a review of a personnel
17 board decision.
18 "Section 16. Definitions. The terms "appointing
19 authority" and "appointing power" are defined to mean any
20 person, persons, department head or elected official of the
21 county who, at the time of the enactment of this bill into
22 law, had has the power by law to hire, to employ, make
23 transfers, promotions, demotions, reinstatements, layoffs,
24 suspensions, and dismissals of employees affected by this Act
25 act."
Page 16 HB483
1 Section 5. Any employee handbook and any pay plan
2 adopted by the personnel board of Madison County prior to this
3 act shall remain in full force and effect until revoked,
4 revised, or modified by majority vote of the county
5 commission.
6 Section 6. Any appeals perfected pursuant to Act 941
7 of the 1973 Regular Session (Acts 1973, p. 1447) prior to the
8 effective date of this amendatory act, but not yet heard by
9 the personnel board as of the effective date of this act,
10 shall be timely taken up and adjudicated by the personnel
11 board reconstituted by this amendatory act.
12 Section 7. Sections 3, 5, 6, 8, and 9 of Act 941 of
13 the 1973 Regular Session (Acts 1973, p. 1447) are repealed.
14 Section 8. This act shall become effective
15 immediately upon its passage and approval by the Governor, or
16 upon its otherwise becoming a law.
Page 17 HB483
1
2
3
4
Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
House of Representatives7
I hereby certify that the within Act originated in8
9 and was passed by the House 29-MAR-22.
10
11 Jeff Woodard
12 Clerk
13
14
15
Senate16 06-APR-22 Passed
17
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