Alabama 2022 Regular Session

Alabama House Bill HB483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB483
2		-	2 216227-2
	2	+	2 216227-1
3	3		3 By Representatives Whitt, Reynolds, Sanderford, McCutcheon,
4	4		4 Whorton and Ball (N & P)
5	5		5 RFD: Madison County Legislation
6	6		6 First Read: 09-MAR-22
7	7
8		-	Page 0 HB483
9		-	1
10		-	2 ENROLLED, An Act,
11		-	3 Relating to Madison County; to amend Sections 1, 2,
12		-	4 4, 7, 10, 11, 12, 13, 14, 15, and 16 of Act 941 of the 1973
13		-	5 Regular Session (Acts 1973, p. 1447), creating and
14		-	6 establishing a county-wide personnel system; to further
15		-	7 provide for the composition, powers, duties, functions, and
16		-	8 expenses of the personnel board; to provide for the employees
17		-	9 to be covered by the personnel board; to establish a method
18		-	10 for the board to hear and decide appeals filed by covered
19		-	11 employees; to provide for injunctive relief for violations of
20		-	12 this amendatory act; to repeal Sections 3, 5, 6, 8, and 9 of
21		-	13 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447); and
22		-	14 to make nonsubstantive, technical revisions to update the
23		-	15 existing language to current style.
24		-	16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25		-	17 Section 1. Sections 1, 2, 4, and 7 of Act 941 of the
26		-	18 1973 Regular Session (Acts 1973, p. 1447) are amended to read
27		-	19 as follows:
28		-	20 "Section 1. (a) In Madison County, there is hereby
29		-	21 created and established a personnel department for the
30		-	22 government and control of all employees and appointees holding
31		-	23 positions in the classified service, as defined in Section 4
32		-	24 board to hear and decide appeals filed by employees who are
33		-	25 covered under this act as provided in Section 4 of Act 941 of
34		-	Page 1 HB483
35		-	1 the 1973 Regular Session (Acts 1973, p. 1447), as amended by
36		-	2 this amendatory act.
37		-	3 "(b) The personnel department shall consist of a
38		-	4 personnel board and a personnel director. The personnel board
39		-	5 shall consist of three members,: One to be appointed by the
40		-	6 sheriff of the county; one to be appointed by the county
41		-	7 governing body; one to be appointed as a joint appointee by
42		-	8 the Sheriff of the County, the Circuit Court Clerk, the County
43		-	9 Judge and the District Attorney; one to be appointed by the
44		-	10 county governing body; and one to be appointed as a joint
45		-	11 appointee by the County Tax Assessor, the County Tax
46		-	12 Collector, and the Probate Judge. Members of the Personnel
47		-	13 Board now serving in Madison County by authority of Acts 1392
48		-	14 and 1488 of the 1971 Regular Session shall continue to serve
49		-	15 until the end of their respective terms. At the expiration of
50		-	16 the term of each member, his successor shall be appointed for
51		-	17 a term of six years county tax assessor, the county license
52		-	18 director, the county tax collector, and the judge of probate,
53		-	19 with the county commission having the authority to break any
54		-	20 tie vote as between the tax assessor, license director, tax
55		-	21 collector, and judge of probate. Members of the personnel
56		-	22 board may be replaced at any time during their term through
57		-	23 appointment of a new member in the manner set forth in this
58		-	24 subsection.
59		-	Page 2 HB483
60		-	1 "(c) No later than 90 days following the effective
61		-	2 date of the act adding this amendatory language, members of
62		-	3 the personnel board shall be selected and appointed in the
63		-	4 manner provided in subsection (b) and shall replace any
64		-	5 existing members of the personnel board upon appointment.
65		-	6 Members of the personnel board shall be appointed for a term
66		-	7 of three years from their date of appointment; provided,
67		-	8 however, that in order to establish and maintain staggered
68		-	9 terms of office, the initial term of the member selected
69		-	10 jointly by the tax assessor, license director, tax collector,
70		-	11 and judge of probate shall be two years, and the initial term
71		-	12 of the member appointed by the sheriff shall be one year.
72		-	13 Vacancies shall be filled for the unexpired term in the same
73		-	14 manner as the initial appointment.
74		-	15 "(c) (d) The members of the board shall be qualified
75		-	16 electors of the county. No person shall be appointed to the
76		-	17 board who holds any salaried public office or employment with
77		-	18 the county, nor shall any member, while a member of the board
78		-	19 or for a period of one year after he or she has ceased to be a
79		-	20 member, be eligible for appointment to any salaried office or
80		-	21 employment in the service of the county or any county elective
81		-	22 office.
82		-	23 "(d) The board shall hold one regular meeting each
83		-	24 month and such special meetings as it shall deem necessary.
84		-	25 (e) The board shall meet as specified in Section 2 of Act 941
85		-	Page 3 HB483
86		-	1 of the 1973 Regular Session (Acts 1973, p. 1447), as amended
87		-	2 by this amendatory act, to carry out the business of the board
88		-	3 and hear any appeals under this act. The members of the board
89		-	4 shall receive Fifteen Dollars fifteen dollars ($15.00) per
90		-	5 diem for each meeting of the board they attend. The board
91		-	6 shall may not meet in excess of thirty 10 days per year;
92		-	7 provided, however, that the time consumed by the personnel
93		-	8 board in hearings conducted under the provisions of subsection
94		-	9 (c) of Section 10(b) of this Act Act 941 of the 1973 Regular
95		-	10 Session (Acts 1973, p. 1447), as amended by this amendatory
96		-	11 act, shall not be counted as a part of said thirty the 10
97		-	12 days.
98		-	13 "Section 2. The members of the board shall elect one
99		-	14 of their members chairman as chair, whose duties shall include
100		-	15 calling, organizing, and presiding over meetings of the board,
101		-	16 as well as ruling upon any evidentiary objections raised in
102		-	17 the course of adjudicating appeals filed before the board. The
103		-	18 members of the board shall also elect a secretary whose duty
104		-	19 shall be to keep the minutes of the board. Each officer
105		-	20 elected by the board shall serve in that capacity for a term
106		-	21 of one year. The board shall determine the order of business
107		-	22 for the conduct of its meetings and meet on the call of the
108		-	23 chairman chair or by two of the members or by request of the
109		-	24 county governing body, and as necessary to timely adjudicate
110		-	25 any appeals filed under this act. Two members of the board
111		-	Page 4 HB483
112		-	1 shall constitute a quorum for the transaction of business. The
113		-	2 functions of the board shall be:
114		-	3 "(a)(1) To formulate and promulgate adopt a set of
115		-	4 rules to supplement this Act act and revisions and amendments
116		-	5 thereof.
117		-	6 "(b) To act in an advisory capacity to the governing
118		-	7 body of the county on problems concerning personnel
119		-	8 administration.
120		-	9 "(c)(2) As provided by this Act act, and by rule, to
121		-	10 hear and decide appeals submitted by any person in the
122		-	11 classified service covered under this act, as set out in
123		-	12 Section 10 4 of Act 941 of the 1973 Regular Session (Acts
124		-	13 1973, p. 1447), as amended by this amendatory act.
125		-	14 "(d)(3) In any investigation or hearing conducted by
126		-	15 the board, it shall have the power to may examine witnesses
127		-	16 under oath and compel their attendance or the production of
128		-	17 evidence before it by subpoenas issued in the name of the
129		-	18 county. Each member of the board shall have the power to
130		-	19 administer oaths to witnesses.
131		-	20 "(e) To hold hearing on and adopt or revise the
132		-	21 position classification plan. The board shall adopt a position
133		-	22 classification plan and class specifications and revisions
134		-	23 thereof, allocate and reallocate positions in the classified
135		-	24 service to classes.
136		-	Page 5 HB483
137		-	1 "(f) To establish, after consultation with the
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	16	+	9 A BILL
	17	+	10 TO BE ENTITLED
	18	+	11 AN ACT
	19	+	12
	20	+	13 Relating to Madison County; to amend Sections 1, 2,
	21	+	14 4, 7, 10, 11, 12, 13, 14, 15, and 16 of Act 941 of the 1973
	22	+	15 Regular Session (Acts 1973, p. 1447), creating and
	23	+	16 establishing a county-wide personnel system; to further
	24	+	17 provide for the composition, powers, duties, functions, and
	25	+	18 expenses of the personnel board; to provide for the employees
	26	+	19 to be covered by the personnel board; to establish a method
	27	+	20 for the board to hear and decide appeals filed by covered
	28	+	21 employees; to provide for injunctive relief for violations of
	29	+	22 this amendatory act; to repeal Sections 3, 5, 6, 8, and 9 of
	30	+	23 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447); and
	31	+	24 to make nonsubstantive, technical revisions to update the
	32	+	25 existing language to current style.
	33	+	26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	34	+	Page 1 1 Section 1. Sections 1, 2, 4, and 7 of Act 941 of the
	35	+	2 1973 Regular Session (Acts 1973, p. 1447) are amended to read
	36	+	3 as follows:
	37	+	4 "Section 1. (a) In Madison County, there is hereby
	38	+	5 created and established a personnel department for the
	39	+	6 government and control of all employees and appointees holding
	40	+	7 positions in the classified service, as defined in Section 4
	41	+	8 board to hear and decide appeals filed by employees who are
	42	+	9 covered under this act as provided in Section 4 of Act 941 of
	43	+	10 the 1973 Regular Session (Acts 1973, p. 1447), as amended by
	44	+	11 this amendatory act.
	45	+	12 "(b) The personnel department shall consist of a
	46	+	13 personnel board and a personnel director. The personnel board
	47	+	14 shall consist of three members,: One to be appointed by the
	48	+	15 sheriff of the county; one to be appointed by the county
	49	+	16 governing body; one to be appointed as a joint appointee by
	50	+	17 the Sheriff of the County, the Circuit Court Clerk, the County
	51	+	18 Judge and the District Attorney; one to be appointed by the
	52	+	19 county governing body; and one to be appointed as a joint
	53	+	20 appointee by the County Tax Assessor, the County Tax
	54	+	21 Collector, and the Probate Judge. Members of the Personnel
	55	+	22 Board now serving in Madison County by authority of Acts 1392
	56	+	23 and 1488 of the 1971 Regular Session shall continue to serve
	57	+	24 until the end of their respective terms. At the expiration of
	58	+	25 the term of each member, his successor shall be appointed for
	59	+	26 a term of six years county tax assessor, the county license
	60	+	27 director, the county tax collector, and the judge of probate,
	61	+	Page 2 1 with the county commission having the authority to break any
	62	+	2 tie vote as between the tax assessor, license director, tax
	63	+	3 collector, and judge of probate. Members of the personnel
	64	+	4 board may be replaced at any time during their term through
	65	+	5 appointment of a new member in the manner set forth in this
	66	+	6 subsection.
	67	+	7 "(c) No later than 90 days following the effective
	68	+	8 date of the act adding this amendatory language, members of
	69	+	9 the personnel board shall be selected and appointed in the
	70	+	10 manner provided in subsection (b) and shall replace any
	71	+	11 existing members of the personnel board upon appointment.
	72	+	12 Members of the personnel board shall be appointed for a term
	73	+	13 of three years from their date of appointment; provided,
	74	+	14 however, that in order to establish and maintain staggered
	75	+	15 terms of office, the initial term of the member selected
	76	+	16 jointly by the tax assessor, license director, tax collector,
	77	+	17 and judge of probate shall be two years, and the initial term
	78	+	18 of the member appointed by the sheriff shall be one year.
	79	+	19 Vacancies shall be filled for the unexpired term in the same
	80	+	20 manner as the initial appointment.
	81	+	21 "(c) (d) The members of the board shall be qualified
	82	+	22 electors of the county. No person shall be appointed to the
	83	+	23 board who holds any salaried public office or employment with
	84	+	24 the county, nor shall any member, while a member of the board
	85	+	25 or for a period of one year after he or she has ceased to be a
	86	+	26 member, be eligible for appointment to any salaried office or
	87	+	Page 3 1 employment in the service of the county or any county elective
	88	+	2 office.
	89	+	3 "(d) The board shall hold one regular meeting each
	90	+	4 month and such special meetings as it shall deem necessary.
	91	+	5 (e) The board shall meet as specified in Section 2 of Act 941
	92	+	6 of the 1973 Regular Session (Acts 1973, p. 1447), as amended
	93	+	7 by this amendatory act, to carry out the business of the board
	94	+	8 and hear any appeals under this act. The members of the board
	95	+	9 shall receive Fifteen Dollars fifteen dollars ($15.00) per
	96	+	10 diem for each meeting of the board they attend. The board
	97	+	11 shall may not meet in excess of thirty 10 days per year;
	98	+	12 provided, however, that the time consumed by the personnel
	99	+	13 board in hearings conducted under the provisions of subsection
	100	+	14 (c) of Section 10(b) of this Act Act 941 of the 1973 Regular
	101	+	15 Session (Acts 1973, p. 1447), as amended by this amendatory
	102	+	16 act, shall not be counted as a part of said thirty the 10
	103	+	17 days.
	104	+	18 "Section 2. The members of the board shall elect one
	105	+	19 of their members chairman as chair, whose duties shall include
	106	+	20 calling, organizing, and presiding over meetings of the board,
	107	+	21 as well as ruling upon any evidentiary objections raised in
	108	+	22 the course of adjudicating appeals filed before the board. The
	109	+	23 members of the board shall also elect a secretary whose duty
	110	+	24 shall be to keep the minutes of the board. Each officer
	111	+	25 elected by the board shall serve in that capacity for a term
	112	+	26 of one year. The board shall determine the order of business
	113	+	27 for the conduct of its meetings and meet on the call of the
	114	+	Page 4 1 chairman chair or by two of the members or by request of the
	115	+	2 county governing body, and as necessary to timely adjudicate
	116	+	3 any appeals filed under this act. Two members of the board
	117	+	4 shall constitute a quorum for the transaction of business. The
	118	+	5 functions of the board shall be:
	119	+	6 "(a)(1) To formulate and promulgate adopt a set of
	120	+	7 rules to supplement this Act act and revisions and amendments
	121	+	8 thereof.
	122	+	9 "(b) To act in an advisory capacity to the governing
	123	+	10 body of the county on problems concerning personnel
	124	+	11 administration.
	125	+	12 "(c)(2) As provided by this Act act, and by rule, to
	126	+	13 hear and decide appeals submitted by any person in the
	127	+	14 classified service covered under this act, as set out in
	128	+	15 Section 10 4 of Act 941 of the 1973 Regular Session (Acts
	129	+	16 1973, p. 1447), as amended by this amendatory act.
	130	+	17 "(d)(3) In any investigation or hearing conducted by
	131	+	18 the board, it shall have the power to may examine witnesses
	132	+	19 under oath and compel their attendance or the production of
	133	+	20 evidence before it by subpoenas issued in the name of the
	134	+	21 county. Each member of the board shall have the power to
	135	+	22 administer oaths to witnesses.
	136	+	23 "(e) To hold hearing on and adopt or revise the
	137	+	24 position classification plan. The board shall adopt a position
	138	+	25 classification plan and class specifications and revisions
	139	+	26 thereof, allocate and reallocate positions in the classified
	140	+	27 service to classes.
	141	+	Page 5 1 "(f) To establish, after consultation with the
138	142		2 governing body of the county and the elective officials of the
139	143		3 county, coming within the provisions of this Act, a pay plan
140	144		4 for all employees in the classified service. Such pay plan
141	145		5 shall include, for each class of positions, a minimum and a
142	146		6 maximum rate or rates as may otherwise in specific
143	147		7 circumstances be fixed by law and such intermediate rates as
144	148		8 may be deemed necessary or advisable by the personnel board;
145	149		9 provided, however, that in the establishing of said pay plan
146	150		10 for employees in the classified service and in the fixing of
147	151		11 said minimum and maximum rates the board may not reduce the
148	152		12 salary or wage of any employee in the classified service below
149	153		13 that which is being earned by said employee at the time of the
150	154		14 enactment of this bill into law unless said reduction is an
151	155		15 economy measure or is part of a general curtailment program as
152	156		16 specified in Section 10 (c) of this act.
153	157		17 "Section 4. (a) The provisions of this Act act shall
154	158		18 apply to all of the following officers and employees in the
155	159		19 service of the county:
156	160		20 "(a)(1) All employees of the county tax assessor;.
157	161		21 "(b)(2) All employees of the county tax collector;.
158	162		22 "(c)(3) All employees of the county sheriff;, except
159	163		23 the chief deputy.
160	164		24 "(d)(4) All employees of the circuit court clerk;
161	165		25 Madison County License Director.
162		-	Page 6 HB483
163		-	1 "(e)(5) All employees of the circuit court register;
164		-	2 the board of registrar's office.
165		-	3 "(f)(6) All employees of the County Court; judge of
166		-	4 probate's office.
167		-	5 "(g)(7) All Assistant District Attorneys and all
168		-	6 employees of the circuit district attorney. employees of any
169		-	7 elected officials of Madison County whose operations and
170		-	8 employees are funded through the Madison County Commission by
171		-	9 law.
172		-	10 "(h) The director of the county license department
173		-	11 and all employees of the director; (8) All officers and
174		-	12 employees of Madison County except any of the following:
175		-	13 "(i) Employees of the board of registrar's office;
176		-	14 "(j) All employees of the probate judge's office;
177		-	15 "(k) All employees of the Circuit Court including
178		-	16 court reporters and bailiffs, provided, however, that the
179		-	17 provisions of this Act shall apply to court reporters for the
180		-	18 sole and limited purpose of allowing the personnel board to
181		-	19 fix the amount of county salary supplement to be paid to such
182		-	20 court reporters, and such board is hereby authorized and
183		-	21 empowered to fix such supplement.
184		-	22 "(l) All probation officers of the circuit court;
185		-	23 "(m) All other officers and employees in the service
186		-	24 of the county except:
187		-	25 "(i) Elective officers; a. Elected officials.
188		-	Page 7 HB483
189		-	1 "b. Members of appointed boards, commissions, and
190		-	2 committees.
191		-	3 "(ii) Members of appointive boards, commissions and
192		-	4 committees;
193		-	5 "(iii) All employees or appointees of the county
194		-	6 board of education, or persons engaged in the profession of
195		-	7 teaching or in supervising teaching in the public schools;
196		-	8 "(iv) Attorneys, physicians, surgeons, and dentists
197		-	9 who with the express or implied permission of any appointing
198		-	10 authority or of the county, hold themselves out for employment
199		-	11 by others in the same or a like line of work as that performed
200		-	12 by them for such appointing authority;
201		-	13 "(v) Persons in the "classified service" within the
202		-	14 meaning of and subject to the State of Alabama merit system
203		-	15 under any present or future law, and so long as any such law
204		-	16 remains effective;
205		-	17 "Offices, positions and employments specifically
206		-	18 designated above as coming within the scope of this Act, and
207		-	19 other offices, positions and employments not exempted above,
208		-	20 shall constitute the classified service of the county. It is
209		-	21 intended hereby to include within the classified service all
210		-	22 offices, positions and employments now existing, or as they
211		-	23 may hereafter exist, in whole or in part from funds of any
212		-	24 such county, or the holders of which receive their
213		-	25 compensation from any elected official and perform duties
214		-	Page 8 HB483
215		-	1 pertaining to the office of such elected official or officer
216		-	2 except those hereinabove exempted in this Section. It shall be
217		-	3 made mandatory, upon the enactment of this bill into law, that
218		-	4 all employees hereinbefore designated as included within the
219		-	5 "classified service" of the county shall be so included.
220		-	6 "(b) This act shall not apply to independent
221		-	7 contractors of any employer covered by this act.
222		-	8 "(c) If any individual holds the position of
223		-	9 personnel director on the effective date of this amendatory
224		-	10 act, that director, on the effective date of this act, shall
225		-	11 become an employee solely of Madison County and shall cease to
226		-	12 hold any authority with respect to the operations of the
227		-	13 personnel board.
228		-	14 "Section 7. During the period of suspension of any
229		-	15 employee, or pending final action on proceedings to review the
230		-	16 suspension, demotion, or dismissal of an employee, the vacancy
231		-	17 may be filled by the appointing power only by temporary
232		-	18 appointment. The personnel board's power following a review of
233		-	19 any suspension or termination hereunder shall be limited to
234		-	20 either affirming the suspension or termination or vacating the
235		-	21 suspension or termination.
236		-	22 Section 2. (a) Upon initial hire and in the event of
237		-	23 any promotion or change in job title, any employee covered by
238		-	24 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447), as
239		-	25 amended by this amendatory act, shall be subject to an initial
240		-	Page 9 HB483
241		-	1 probationary period of six months, except that the length of
242		-	2 the probationary period for any employee of the sheriff shall
243		-	3 be one year, during which period the employee may be
244		-	4 terminated at any time and for any reason, without any right
245		-	5 of appeal pursuant to this act.
246		-	6 (b) With respect to any employee whose initial
247		-	7 probationary period has expired, an additional period of
248		-	8 disciplinary probation may be imposed upon any employee
249		-	9 covered by this act, but that employee may exercise his or her
250		-	10 right to appeal under Section 10 of Act 941 of the 1973
251		-	11 Regular Session (Acts 1973, p. 1447), as amended by this
252		-	12 amendatory act. During any term of disciplinary probation, the
253		-	13 employee may be terminated upon the first occurrence of any
254		-	14 further violations of any written rules or policies of the
255		-	15 appointing authority.
256		-	16 Section 3. Any employee covered Act 941 of the 1973
257		-	17 Regular Session (Acts 1973, p. 1447), as amended by this
258		-	18 amendatory act, shall be subject to suspension without pay by
259		-	19 the appointing authority without right of appeal pursuant to
260		-	20 this act, provided any unpaid suspension may not exceed a
261		-	21 total of 15 working days. Any unpaid suspension exceeding 15
262		-	22 working days shall be subject to a right of appeal by the
263		-	23 employee pursuant to Section 10 of Act 941 of the 1973 Regular
264		-	24 Session (Acts 1973, p. 1447), as amended by this amendatory
265		-	25 act.
266		-	Page 10 HB483
267		-	1 Section 4. Sections 10, 11, 12, 13, 14, 15, and 16
268		-	2 of Act 941 of the 1973 Regular Session (Acts 1973, p. 1447)
269		-	3 are amended to read as follows:
270		-	4 "Section 10. (a) No employee in the classified
271		-	5 service covered by this act may be demoted, dismissed, or
272		-	6 reduced in pay without just cause and the opportunity to
273		-	7 demand a hearing pursuant to this section prior to
274		-	8 implementation of the demotion, dismissal, or reduction in
275		-	9 pay.
276		-	10 "(b) Any employee in the classified service who has
277		-	11 been demoted, dismissed or reduced in pay, shall be entitled
278		-	12 to receive a written statement of the reasons for such action
279		-	13 from the appointing authority within three working days, and
280		-	14 he shall have three working days time thereafter within which
281		-	15 to file an answer in writing thereto. A copy of such charges
282		-	16 and answer shall be filed with the personnel director. In the
283		-	17 event the employee files an answer, a copy of the written
284		-	18 charges and of such answer shall be transmitted by the
285		-	19 personnel director to the personnel board. Within ten working
286		-	20 days from the date of the filing of his answer to the written
287		-	21 charges, or in the event such written charges have not been
288		-	22 made available to him within the time prescribed, then within
289		-	23 ten working days after the action taken to demote, dismiss or
290		-	24 reduce the pay of the employee, he may file a written demand
291		-	25 with the personnel director, requesting a hearing before the
292		-	Page 11 HB483
293		-	1 personnel board. The board shall then investigate the case and
294		-	2 conduct a hearing as provided by this Act and by the rules.
295		-	3 Hearings shall be informally conducted and the rules of
296		-	4 evidence need not apply. Any time an appointing authority
297		-	5 proposes to demote, dismiss, place upon disciplinary
298		-	6 probation, reduce in pay, or suspend without pay any covered
299		-	7 employee, the appointing authority shall first present to the
300		-	8 employee a written statement of the specific adverse action
301		-	9 proposed and the reasons for that action, and shall inform the
302		-	10 employee of a specific date and time at which the employee
303		-	11 shall have an opportunity to discuss the proposed adverse
304		-	12 action with the appointing authority. This meeting shall not
305		-	13 occur sooner than three days after the notice of the proposed
306		-	14 action. The appointing authority shall consider any argument
307		-	15 made by the employee prior to implementing any proposed
308		-	16 adverse action.
309		-	17 "(c)(1)a. No later than five working days following
310		-	18 any dismissal, demotion, reduction in pay, or unpaid
311		-	19 suspension of greater than 15 days of any covered employee,
312		-	20 the employee may file a written demand with the chair of the
313		-	21 personnel board requesting a hearing before the board to
314		-	22 contest the adverse action and requesting that the adverse
315		-	23 action be vacated.
316		-	24 "b. The employee, in that same manner and within
317		-	25 that same time frame, also may request a hearing before the
318		-	Page 12 HB483
319		-	1 personnel board to appeal to the board to rectify any alleged
320		-	2 failure by the appointing authority to provide the notice and
321		-	3 meeting required by subsection (b).
322		-	4 "(2)a. Upon receipt of a valid, timely written
323		-	5 notice of appeal, the board shall conduct a hearing as
324		-	6 provided by this act and by the rules of the personnel board,
325		-	7 and shall either affirm the decision of the appointing
326		-	8 authority or vacate the action of the appointing authority.
327		-	9 "b. The board shall affirm the decision of the
328		-	10 appointing authority so long as it is reasonably satisfied
329		-	11 from the evidence that a proper pre-disciplinary meeting was
330		-	12 provided and that the employee violated the rules, policies,
331		-	13 or procedures of the appointing authority in effect at the
332		-	14 time of the acts or omissions of the employee that resulted in
333		-	15 the adverse action.
334		-	16 "(d) Hearings under subsection (c) shall be
335		-	17 informally conducted. The rules of evidence do not apply. All
336		-	18 witnesses shall be sworn, and the employee and appointing
337		-	19 authority may each be represented by counsel of their own
338		-	20 choosing. A verbatim record of all proceedings before the
339		-	21 board shall be prepared and transcribed by a certified court
340		-	22 reporter.
341		-	23 "(c) The (e) Notwithstanding any provision of this
342		-	24 section to the contrary, the provisions of this section,
343		-	25 including those providing a method for appeal to the personnel
344		-	Page 13 HB483
345		-	1 board, shall not apply to reductions in pay which are part of
346		-	2 a general plan to reduce salaries and wages as an economy
347		-	3 measure or as part of a general curtailment program; provided,
348		-	4 however, that said reductions. Reductions in pay which are
349		-	5 part of a general plan to reduce salaries and wages as an
350		-	6 economy measure or as part of a general curtailment program
351		-	7 shall be prorated to all employees in the classified service
352		-	8 of the appointing authority.
353		-	9 "(d)(f) The action of the personnel board after
354		-	10 hearing pursuant to this section shall be final and
355		-	11 conclusive; provided, however, that the action of the
356		-	12 personnel board pursuant to such hearing may be reviewed by
357		-	13 the circuit court of the county upon the filing, by either the
358		-	14 employee or the appointing authority, in said circuit court of
359		-	15 the county of a petition for writ of mandamus directed to the
360		-	16 said personnel board and provided that said petition is filed
361		-	17 by the said employee or the said appointing authority within
362		-	18 thirty days from the date the decision of the personnel board
363		-	19 has been rendered. The circuit court of the county shall have
364		-	20 jurisdiction to hear the case de novo in said mandamus
365		-	21 proceeding . Any employee wishing to dispute a decision of the
366		-	22 appointing board relating to that employee may seek review of
367		-	23 the board's decision in the circuit court of Madison County by
368		-	24 the filing of a petition for a common law writ of certiorari.
369		-	25 On any appeal, the court shall uphold the decision of the
370		-	Page 14 HB483
371		-	1 board if due process pursuant to this act was provided to the
372		-	2 employee and if any legal evidence exists to support the
373		-	3 decision of the board. Any review by the circuit court shall
374		-	4 be limited to the record presented to the board, and no party
375		-	5 shall be entitled to a trial by jury in the circuit court.
376		-	6 "Section 11. Whenever in the judgment of any
377		-	7 appointing authority it becomes necessary in the interest of
378		-	8 economy or because the necessity for any position in his or
379		-	9 her appointing authority no longer exists, he the appointing
380		-	10 authority may abolish any position in the classified service
381		-	11 held by any employee covered by this act within his, her, or
382		-	12 its appointing authority and lay off terminate the employee
383		-	13 holding such position or employment without filing written
384		-	14 charges and without the right to a hearing as provided in
385		-	15 Section 10 of this Act Act 941 of the 1973 Regular Session
386		-	16 (Acts 1973, p. 1447), as amended by this amendatory act.
387		-	17 "Section 12. In any matter requiring the services of
388		-	18 an attorney, the personnel board may call upon the county
389		-	19 attorney to render such any legal services to the board as it
390		-	20 may deem necessary or advisable, and may contract with outside
391		-	21 legal counsel to provide guidance and assistance to the board
392		-	22 during disciplinary hearings and in preparing any written
393		-	23 decisions.
394		-	24 "Section 13. The compensation and all other expenses
395		-	25 of the personnel board, the personnel director and all others
396		-	Page 15 HB483
397		-	1 arising under the provisions hereof, shall be paid by the
398		-	2 county governing body on requisition drawn by the personnel
399		-	3 director; provided, however, that the county commission may
400		-	4 establish and enforce a budget for the personnel board
401		-	5 sufficient to fund the operations of the board.
402		-	6 "Section 14. It is the intent of this Act act to
403		-	7 create a personnel system board to hear and determine
404		-	8 personnel appeals for Madison county effective upon the
405		-	9 enactment of this bill into law County .
406		-	10 "Section 15. Any person who violates any of the
407		-	11 provisions of this Act act shall be guilty of a misdemeanor
408		-	12 subject to a suit for injunctive relief only. Notwithstanding
409		-	13 the foregoing, the appeal procedure set out in subsection (f)
410		-	14 of Section 10 of Act 941 of the 1973 Regular Session (Acts
411		-	15 1973, p. 1447), as amended by this amendatory act, shall be
412		-	16 exclusive as to any action seeking a review of a personnel
413		-	17 board decision.
414		-	18 "Section 16. Definitions. The terms "appointing
415		-	19 authority" and "appointing power" are defined to mean any
416		-	20 person, persons, department head or elected official of the
417		-	21 county who, at the time of the enactment of this bill into
418		-	22 law, had has the power by law to hire, to employ, make
419		-	23 transfers, promotions, demotions, reinstatements, layoffs,
420		-	24 suspensions, and dismissals of employees affected by this Act
421		-	25 act."
422		-	Page 16 HB483
423		-	1 Section 5. Any employee handbook and any pay plan
424		-	2 adopted by the personnel board of Madison County prior to this
425		-	3 act shall remain in full force and effect until revoked,
426		-	4 revised, or modified by majority vote of the county
427		-	5 commission.
428		-	6 Section 6. Any appeals perfected pursuant to Act 941
429		-	7 of the 1973 Regular Session (Acts 1973, p. 1447) prior to the
430		-	8 effective date of this amendatory act, but not yet heard by
431		-	9 the personnel board as of the effective date of this act,
432		-	10 shall be timely taken up and adjudicated by the personnel
433		-	11 board reconstituted by this amendatory act.
434		-	12 Section 7. Sections 3, 5, 6, 8, and 9 of Act 941 of
435		-	13 the 1973 Regular Session (Acts 1973, p. 1447) are repealed.
436		-	14 Section 8. This act shall become effective
437		-	15 immediately upon its passage and approval by the Governor, or
438		-	16 upon its otherwise becoming a law.
439		-	Page 17 HB483
440		-	1
441		-	2
442		-	3
443		-	4
444		-	Speaker of the House of Representatives
445		-
446		-	5
447		-	6 President and Presiding Officer of the Senate
448		-	House of Representatives7
449		-	I hereby certify that the within Act originated in8
450		-	9 and was passed by the House 29-MAR-22.
451		-	10
452		-	11 Jeff Woodard
453		-	12 Clerk
454		-	13
455		-	14
456		-	15
457		-	Senate16 06-APR-22 Passed
458		-	17
459		-	Page 18
	166	+	26 "(e)(5) All employees of the circuit court register;
	167	+	27 the board of registrar's office.
	168	+	Page 6 1 "(f)(6) All employees of the County Court; judge of
	169	+	2 probate's office.
	170	+	3 "(g)(7) All Assistant District Attorneys and all
	171	+	4 employees of the circuit district attorney. employees of any
	172	+	5 elected officials of Madison County whose operations and
	173	+	6 employees are funded through the Madison County Commission by
	174	+	7 law.
	175	+	8 "(h) The director of the county license department
	176	+	9 and all employees of the director; (8) All officers and
	177	+	10 employees of Madison County except any of the following:
	178	+	11 "(i) Employees of the board of registrar's office;
	179	+	12 "(j) All employees of the probate judge's office;
	180	+	13 "(k) All employees of the Circuit Court including
	181	+	14 court reporters and bailiffs, provided, however, that the
	182	+	15 provisions of this Act shall apply to court reporters for the
	183	+	16 sole and limited purpose of allowing the personnel board to
	184	+	17 fix the amount of county salary supplement to be paid to such
	185	+	18 court reporters, and such board is hereby authorized and
	186	+	19 empowered to fix such supplement.
	187	+	20 "(l) All probation officers of the circuit court;
	188	+	21 "(m) All other officers and employees in the service
	189	+	22 of the county except:
	190	+	23 "(i) Elective officers; a. Elected officials.
	191	+	24 "b. Members of appointed boards, commissions, and
	192	+	25 committees.
	193	+	26 "(ii) Members of appointive boards, commissions and
	194	+	27 committees;
	195	+	Page 7 1 "(iii) All employees or appointees of the county
	196	+	2 board of education, or persons engaged in the profession of
	197	+	3 teaching or in supervising teaching in the public schools;
	198	+	4 "(iv) Attorneys, physicians, surgeons, and dentists
	199	+	5 who with the express or implied permission of any appointing
	200	+	6 authority or of the county, hold themselves out for employment
	201	+	7 by others in the same or a like line of work as that performed
	202	+	8 by them for such appointing authority;
	203	+	9 "(v) Persons in the "classified service" within the
	204	+	10 meaning of and subject to the State of Alabama merit system
	205	+	11 under any present or future law, and so long as any such law
	206	+	12 remains effective;
	207	+	13 "Offices, positions and employments specifically
	208	+	14 designated above as coming within the scope of this Act, and
	209	+	15 other offices, positions and employments not exempted above,
	210	+	16 shall constitute the classified service of the county. It is
	211	+	17 intended hereby to include within the classified service all
	212	+	18 offices, positions and employments now existing, or as they
	213	+	19 may hereafter exist, in whole or in part from funds of any
	214	+	20 such county, or the holders of which receive their
	215	+	21 compensation from any elected official and perform duties
	216	+	22 pertaining to the office of such elected official or officer
	217	+	23 except those hereinabove exempted in this Section. It shall be
	218	+	24 made mandatory, upon the enactment of this bill into law, that
	219	+	25 all employees hereinbefore designated as included within the
	220	+	26 "classified service" of the county shall be so included.
	221	+	Page 8 1 "(b) This act shall not apply to independent
	222	+	2 contractors of any employer covered by this act.
	223	+	3 "(c) If any individual holds the position of
	224	+	4 personnel director on the effective date of this amendatory
	225	+	5 act, that director, on the effective date of this act, shall
	226	+	6 become an employee solely of Madison County and shall cease to
	227	+	7 hold any authority with respect to the operations of the
	228	+	8 personnel board.
	229	+	9 "Section 7. During the period of suspension of any
	230	+	10 employee, or pending final action on proceedings to review the
	231	+	11 suspension, demotion, or dismissal of an employee, the vacancy
	232	+	12 may be filled by the appointing power only by temporary
	233	+	13 appointment. The personnel board's power following a review of
	234	+	14 any suspension or termination hereunder shall be limited to
	235	+	15 either affirming the suspension or termination or vacating the
	236	+	16 suspension or termination.
	237	+	17 Section 2. (a) Upon initial hire and in the event of
	238	+	18 any promotion or change in job title, any employee covered by
	239	+	19 Act 941 of the 1973 Regular Session (Acts 1973, p. 1447), as
	240	+	20 amended by this amendatory act, shall be subject to an initial
	241	+	21 probationary period of six months, except that the length of
	242	+	22 the probationary period for any employee of the sheriff shall
	243	+	23 be one year, during which period the employee may be
	244	+	24 terminated at any time and for any reason, without any right
	245	+	25 of appeal pursuant to this act.
	246	+	26 (b) With respect to any employee whose initial
	247	+	27 probationary period has expired, an additional period of
	248	+	Page 9 1 disciplinary probation may be imposed upon any employee
	249	+	2 covered by this act, but that employee may exercise his or her
	250	+	3 right to appeal under Section 10 of Act 941 of the 1973
	251	+	4 Regular Session (Acts 1973, p. 1447), as amended by this
	252	+	5 amendatory act. During any term of disciplinary probation, the
	253	+	6 employee may be terminated upon the first occurrence of any
	254	+	7 further violations of any written rules or policies of the
	255	+	8 appointing authority.
	256	+	9 Section 3. Any employee covered Act 941 of the 1973
	257	+	10 Regular Session (Acts 1973, p. 1447), as amended by this
	258	+	11 amendatory act, shall be subject to suspension without pay by
	259	+	12 the appointing authority without right of appeal pursuant to
	260	+	13 this act, provided any unpaid suspension may not exceed a
	261	+	14 total of 15 working days. Any unpaid suspension exceeding 15
	262	+	15 working days shall be subject to a right of appeal by the
	263	+	16 employee pursuant to Section 10 of Act 941 of the 1973 Regular
	264	+	17 Session (Acts 1973, p. 1447), as amended by this amendatory
	265	+	18 act.
	266	+	19 Section 4. Sections 10, 11, 12, 13, 14, 15, and 16
	267	+	20 of Act 941 of the 1973 Regular Session (Acts 1973, p. 1447)
	268	+	21 are amended to read as follows:
	269	+	22 "Section 10. (a) No employee in the classified
	270	+	23 service covered by this act may be demoted, dismissed, or
	271	+	24 reduced in pay without just cause and the opportunity to
	272	+	25 demand a hearing pursuant to this section prior to
	273	+	26 implementation of the demotion, dismissal, or reduction in
	274	+	27 pay.
	275	+	Page 10 1 "(b) Any employee in the classified service who has
	276	+	2 been demoted, dismissed or reduced in pay, shall be entitled
	277	+	3 to receive a written statement of the reasons for such action
	278	+	4 from the appointing authority within three working days, and
	279	+	5 he shall have three working days time thereafter within which
	280	+	6 to file an answer in writing thereto. A copy of such charges
	281	+	7 and answer shall be filed with the personnel director. In the
	282	+	8 event the employee files an answer, a copy of the written
	283	+	9 charges and of such answer shall be transmitted by the
	284	+	10 personnel director to the personnel board. Within ten working
	285	+	11 days from the date of the filing of his answer to the written
	286	+	12 charges, or in the event such written charges have not been
	287	+	13 made available to him within the time prescribed, then within
	288	+	14 ten working days after the action taken to demote, dismiss or
	289	+	15 reduce the pay of the employee, he may file a written demand
	290	+	16 with the personnel director, requesting a hearing before the
	291	+	17 personnel board. The board shall then investigate the case and
	292	+	18 conduct a hearing as provided by this Act and by the rules.
	293	+	19 Hearings shall be informally conducted and the rules of
	294	+	20 evidence need not apply. Any time an appointing authority
	295	+	21 proposes to demote, dismiss, place upon disciplinary
	296	+	22 probation, reduce in pay, or suspend without pay any covered
	297	+	23 employee, the appointing authority shall first present to the
	298	+	24 employee a written statement of the specific adverse action
	299	+	25 proposed and the reasons for that action, and shall inform the
	300	+	26 employee of a specific date and time at which the employee
	301	+	27 shall have an opportunity to discuss the proposed adverse
	302	+	Page 11 1 action with the appointing authority. This meeting shall not
	303	+	2 occur sooner than three days after the notice of the proposed
	304	+	3 action. The appointing authority shall consider any argument
	305	+	4 made by the employee prior to implementing any proposed
	306	+	5 adverse action.
	307	+	6 "(c)(1)a. No later than five working days following
	308	+	7 any dismissal, demotion, reduction in pay, or unpaid
	309	+	8 suspension of greater than 15 days of any covered employee,
	310	+	9 the employee may file a written demand with the chair of the
	311	+	10 personnel board requesting a hearing before the board to
	312	+	11 contest the adverse action and requesting that the adverse
	313	+	12 action be vacated.
	314	+	13 "b. The employee, in that same manner and within
	315	+	14 that same time frame, also may request a hearing before the
	316	+	15 personnel board to appeal to the board to rectify any alleged
	317	+	16 failure by the appointing authority to provide the notice and
	318	+	17 meeting required by subsection (b).
	319	+	18 "(2)a. Upon receipt of a valid, timely written
	320	+	19 notice of appeal, the board shall conduct a hearing as
	321	+	20 provided by this act and by the rules of the personnel board,
	322	+	21 and shall either affirm the decision of the appointing
	323	+	22 authority or vacate the action of the appointing authority.
	324	+	23 "b. The board shall affirm the decision of the
	325	+	24 appointing authority so long as it is reasonably satisfied
	326	+	25 from the evidence that a proper pre-disciplinary meeting was
	327	+	26 provided and that the employee violated the rules, policies,
	328	+	27 or procedures of the appointing authority in effect at the
	329	+	Page 12 1 time of the acts or omissions of the employee that resulted in
	330	+	2 the adverse action.
	331	+	3 "(d) Hearings under subsection (c) shall be
	332	+	4 informally conducted. The rules of evidence do not apply. All
	333	+	5 witnesses shall be sworn, and the employee and appointing
	334	+	6 authority may each be represented by counsel of their own
	335	+	7 choosing. A verbatim record of all proceedings before the
	336	+	8 board shall be prepared and transcribed by a certified court
	337	+	9 reporter.
	338	+	10 "(c) The (e) Notwithstanding any provision of this
	339	+	11 section to the contrary, the provisions of this section,
	340	+	12 including those providing a method for appeal to the personnel
	341	+	13 board, shall not apply to reductions in pay which are part of
	342	+	14 a general plan to reduce salaries and wages as an economy
	343	+	15 measure or as part of a general curtailment program; provided,
	344	+	16 however, that said reductions. Reductions in pay which are
	345	+	17 part of a general plan to reduce salaries and wages as an
	346	+	18 economy measure or as part of a general curtailment program
	347	+	19 shall be prorated to all employees in the classified service
	348	+	20 of the appointing authority.
	349	+	21 "(d)(f) The action of the personnel board after
	350	+	22 hearing pursuant to this section shall be final and
	351	+	23 conclusive; provided, however, that the action of the
	352	+	24 personnel board pursuant to such hearing may be reviewed by
	353	+	25 the circuit court of the county upon the filing, by either the
	354	+	26 employee or the appointing authority, in said circuit court of
	355	+	27 the county of a petition for writ of mandamus directed to the
	356	+	Page 13 1 said personnel board and provided that said petition is filed
	357	+	2 by the said employee or the said appointing authority within
	358	+	3 thirty days from the date the decision of the personnel board
	359	+	4 has been rendered. The circuit court of the county shall have
	360	+	5 jurisdiction to hear the case de novo in said mandamus
	361	+	6 proceeding . Any employee wishing to dispute a decision of the
	362	+	7 appointing board relating to that employee may seek review of
	363	+	8 the board's decision in the circuit court of Madison County by
	364	+	9 the filing of a petition for a common law writ of certiorari.
	365	+	10 On any appeal, the court shall uphold the decision of the
	366	+	11 board if due process pursuant to this act was provided to the
	367	+	12 employee and if any legal evidence exists to support the
	368	+	13 decision of the board. Any review by the circuit court shall
	369	+	14 be limited to the record presented to the board, and no party
	370	+	15 shall be entitled to a trial by jury in the circuit court.
	371	+	16 "Section 11. Whenever in the judgment of any
	372	+	17 appointing authority it becomes necessary in the interest of
	373	+	18 economy or because the necessity for any position in his or
	374	+	19 her appointing authority no longer exists, he the appointing
	375	+	20 authority may abolish any position in the classified service
	376	+	21 held by any employee covered by this act within his, her, or
	377	+	22 its appointing authority and lay off terminate the employee
	378	+	23 holding such position or employment without filing written
	379	+	24 charges and without the right to a hearing as provided in
	380	+	25 Section 10 of this Act Act 941 of the 1973 Regular Session
	381	+	26 (Acts 1973, p. 1447), as amended by this amendatory act.
	382	+	Page 14 1 "Section 12. In any matter requiring the services of
	383	+	2 an attorney, the personnel board may call upon the county
	384	+	3 attorney to render such any legal services to the board as it
	385	+	4 may deem necessary or advisable, and may contract with outside
	386	+	5 legal counsel to provide guidance and assistance to the board
	387	+	6 during disciplinary hearings and in preparing any written
	388	+	7 decisions.
	389	+	8 "Section 13. The compensation and all other expenses
	390	+	9 of the personnel board, the personnel director and all others
	391	+	10 arising under the provisions hereof, shall be paid by the
	392	+	11 county governing body on requisition drawn by the personnel
	393	+	12 director; provided, however, that the county commission may
	394	+	13 establish and enforce a budget for the personnel board
	395	+	14 sufficient to fund the operations of the board.
	396	+	15 "Section 14. It is the intent of this Act act to
	397	+	16 create a personnel system board to hear and determine
	398	+	17 personnel appeals for Madison county effective upon the
	399	+	18 enactment of this bill into law County .
	400	+	19 "Section 15. Any person who violates any of the
	401	+	20 provisions of this Act act shall be guilty of a misdemeanor
	402	+	21 subject to a suit for injunctive relief only. Notwithstanding
	403	+	22 the foregoing, the appeal procedure set out in subsection (f)
	404	+	23 of Section 10 of Act 941 of the 1973 Regular Session (Acts
	405	+	24 1973, p. 1447), as amended by this amendatory act, shall be
	406	+	25 exclusive as to any action seeking a review of a personnel
	407	+	26 board decision.
	408	+	Page 15 1 "Section 16. Definitions. The terms "appointing
	409	+	2 authority" and "appointing power" are defined to mean any
	410	+	3 person, persons, department head or elected official of the
	411	+	4 county who, at the time of the enactment of this bill into
	412	+	5 law, had has the power by law to hire, to employ, make
	413	+	6 transfers, promotions, demotions, reinstatements, layoffs,
	414	+	7 suspensions, and dismissals of employees affected by this Act
	415	+	8 act."
	416	+	9 Section 5. Any employee handbook and any pay plan
	417	+	10 adopted by the personnel board of Madison County prior to this
	418	+	11 act shall remain in full force and effect until revoked,
	419	+	12 revised, or modified by majority vote of the county
	420	+	13 commission.
	421	+	14 Section 6. Any appeals perfected pursuant to Act 941
	422	+	15 of the 1973 Regular Session (Acts 1973, p. 1447) prior to the
	423	+	16 effective date of this amendatory act, but not yet heard by
	424	+	17 the personnel board as of the effective date of this act,
	425	+	18 shall be timely taken up and adjudicated by the personnel
	426	+	19 board reconstituted by this amendatory act.
	427	+	20 Section 7. Sections 3, 5, 6, 8, and 9 of Act 941 of
	428	+	21 the 1973 Regular Session (Acts 1973, p. 1447) are repealed.
	429	+	22 Section 8. This act shall become effective
	430	+	23 immediately upon its passage and approval by the Governor, or
	431	+	24 upon its otherwise becoming a law.
	432	+	Page 16