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Alabama House Bill HB500

Alabama 2023 Regular Session

Alabama House Bill HB500 Compare Versions

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11 HB500INTRODUCED
22 Page 0
33 FPEU5D-1
44 By Representative Ingram (N & P)
55 RFD: Montgomery County Legislation
66 First Read: 18-May-23
77 2023 Regular Session
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1212 5 FPEU5D-1 03/10/2023 FC (L)ma 2023-375
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1414 A BILL
1515 TO BE ENTITLED
1616 AN ACT
1717 Relating to Montgomery County and the City of
1818 Montgomery; to establish a separate personnel merit system and
1919 a separate human resources department for the county and the
2020 city; to provide for separate personnel appeals boards for
2121 each separate personnel merit system; to provide for the
2222 transfer of existing employees to the appropriate system; to
2323 provide for the adoption of rules and procedures for each
2424 system; to provide for the transfer of property and records;
2525 and to provide for the repeal of Sections 45-51A-32.110 to
2626 45-51A-32.127, Code of Alabama 1975, inclusive, effective
2727 January 1, 2024.
2828 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2929 Section 1. Effective January 1, 2024, the City of
3030 Montgomery, pursuant to Sections 1 to 10, inclusive of this
3131 act, shall establish and administer its own personnel merit
3232 system based on principles of human resources management which
3333 shall include equity, fairness, and compliance with all
3434 applicable state and federal laws. This shall be a merit based
3535 personnel system that seeks to maintain high quality employee
3636 conduct, integrity, and concern for the public interest. These
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6666 factors shall be the basis for all personnel decisions whether
6767 made by the human resources department, the city, or the
6868 personnel appeals board for the city.
6969 Section 2. Definitions.
7070 The following words used in Sections 1 to 10,
7171 inclusive, of this act have the following meanings:
7272 (1) APPEALS BOARD. The personnel appeals board created
7373 by the city council and whose members are elected by the city
7474 council.
7575 (2) CITY. The City of Montgomery.
7676 (3) CITY COUNCIL. The City Council of the City of
7777 Montgomery.
7878 (4) DEPARTMENT. The human resources department, a
7979 department of the city created to carry out all personnel and
8080 related matters as designated by the city.
8181 (5) EMPLOYEE. Any individual who works for the city in
8282 a classified or unclassified position whose salary is paid
8383 with funds paid by the city.
8484 a. Unclassified Employee. An employee who serves at the
8585 pleasure of the mayor and who is not a participant in the
8686 merit based personnel system hereby established. The following
8787 are unclassified employees:
8888 1. All unclassified employees of the city on January 1,
8989 2024.
9090 2. Volunteer personnel who receive no compensation from
9191 the city.
9292 3. Persons performing work under contract with the city
9393 and not carried on the payroll as employees.
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123123 4. Persons whose employment is subject to the approval
124124 of the United States Government, the City or County of
125125 Montgomery, or the State of Alabama.
126126 5. Temporary employees.
127127 6. Other persons designated by the city council who the
128128 city council determines should report directly to the mayor.
129129 b. Classified Employee. An employee who is assigned to
130130 an ongoing position authorized by the city, whose salary is
131131 paid with funds paid by the city, and who may become a
132132 participant in the merit based personnel system hereby
133133 established following an initial probationary period.
134134 (6) MAYOR. The Mayor of the City of Montgomery.
135135 (7) VACANCY. A position approved and funded by the city
136136 which is currently unoccupied or is being filled by a
137137 temporary employee.
138138 Section 3. Principles.
139139 (a) The City Council of the City of Montgomery shall
140140 establish a merit based personnel system for classified
141141 employees of the city. The department shall adopt rules and
142142 procedures necessary to implement a merit based personnel
143143 system based on the following principles:
144144 (1) Recruiting, selecting, and advancing employees
145145 based on their ability, knowledge, and skills, including the
146146 open competition of qualified applicants for initial
147147 appointment.
148148 (2) Establishing pay rates consistent with the
149149 principle of comparable pay for comparable jobs.
150150 (3) Training employees, as needed, to assure quality
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180180 job performance.
181181 (4) Retaining employees on the basis of city needs,
182182 adequacy of performance, correcting inadequate performance
183183 when possible, and separating employees whose continued
184184 employment is not in the best interests of the city.
185185 (5) Assuring fair treatment of applicants and employees
186186 in all aspects of personnel administration without regard to
187187 political affiliation, sex, race, color, religion, national
188188 origin, disability, or age.
189189 (6) Providing all classified employees who have been
190190 disciplined or who have grievances, or both, a fair and
191191 impartial hearing and a resolution of the disciplinary action
192192 and grievances.
193193 (b) All employees of the city on January 1, 2024, shall
194194 remain employees of the city under the jurisdiction of the
195195 merit based personnel system.
196196 Section 4. Continuation of employment.
197197 (a) All classified employment with the city is
198198 contingent upon all of the following:
199199 (1) Availability of funds.
200200 (2) The city's need for work to be done.
201201 (3) The employee's compliance with all rules, policies,
202202 and procedures established in accordance with Sections 1 to 10
203203 of this act.
204204 (4) Satisfactory job performance by the employee.
205205 (b) All classified employees who have successfully
206206 completed a probationary period shall not be separated from
207207 city employment without a hearing before the appeals board
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237237 established in Section 7 of this act pursuant to the rules and
238238 procedures adopted by the department, if the employee requests
239239 a hearing.
240240 Section 5. Establishment of human resources department.
241241 (a) The city council shall establish a human resources
242242 department within the city. The city council shall adopt all
243243 rules, policies, and procedures necessary for creation and
244244 operation of the department.
245245 (b) The department shall assist the city council in the
246246 creation and implementation of a personnel system. The
247247 department shall carry out all activities assigned to it by
248248 the city council. This shall include adopting all necessary
249249 rules, policies, and procedures; overseeing benefits related
250250 to employment; assisting department heads; assisting
251251 employees; providing clerical and administrative assistance to
252252 the personnel appeals board; and any other functions deemed
253253 appropriate by the city council.
254254 Section 6. Rules, policies, and procedures.
255255 The rules, policies, and procedures necessary to implement
256256 Sections 1 to 10 of this act shall be adopted by the
257257 department and approved by the city council by December 1,
258258 2023. The rules, policies, and procedures adopted by the
259259 department shall be based on the principle that all employees
260260 and applicants shall receive fair and equitable treatment in
261261 all aspects of personnel management without regard to
262262 political affiliation, race, color, religion, national origin,
263263 sex, age, disability, and with proper regard for privacy and
264264 constitutional rights.
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294294 Section 7. Personnel appeals board.
295295 (a) The city council shall create a personnel appeals
296296 board separate and apart from the department for the purpose
297297 of hearing all appeals from final employee actions by the city
298298 and as requested by the affected employee. The appeals board
299299 shall consist of three members elected by vote of majority of
300300 the city council at any regularly or specially scheduled city
301301 council meeting.
302302 (b) The appeals board members shall be residents of and
303303 qualified voters of the City of Montgomery during their
304304 tenure. A member may not be a city employee or board member or
305305 a blood relative as defined by the state Merit System, of a
306306 city employee or the mayor or city council.
307307 (c) Each appeals board member shall be appointed for a
308308 three-year term, unless filling an unexpired term, and may be
309309 reappointed. However, the first appointed members shall serve
310310 staggered terms of 3, 2, and 1 years as determined by the city
311311 council.
312312 (d) The appeals board members shall elect a chair
313313 annually by a majority vote.
314314 (e) The appeals board shall meet at least quarterly and
315315 at such other times as determined by the chair.
316316 (f) The city council shall determine the compensation
317317 of the appeals board members and shall also provide the board
318318 with office space and support staff as reasonably necessary.
319319 (g) The city council shall adopt the necessary rules
320320 and procedures for the operation of the appeals board.
321321 Section 8. Employment.
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351351 All classified employees shall be hired from a
352352 certified register of job applicants who meet the job related
353353 qualifications as provided by the department. All personnel
354354 activities shall be in accordance with the rules, policies,
355355 and procedures enacted by the city council.
356356 Section 9. Political activity.
357357 (a) Any employee may participate in city or state
358358 political activities to the same extent any resident of
359359 Alabama may. This activity may include endorsing a candidate
360360 and contributing to campaigns. Employees may join local
361361 political organizations, and state and national political
362362 parties. Employees may also support issues of public welfare,
363363 circulate petitions, and make contributions.
364364 (b) No employee of the city shall use his or her
365365 official position or authority to influence the vote or
366366 political action of any person, nor shall any city funds,
367367 property, or time be used for any political activity. No
368368 employee of the city shall solicit political contributions or
369369 solicit work in any capacity in a campaign from any individual
370370 who is a subordinate employee.
371371 Section 10. Transfer of Records.
372372 All existing records related to city employment of city
373373 employees shall be transferred to the human resources
374374 department.
375375 Section 11.
376376 Effective January 1, 2024, the Montgomery County
377377 Commission, pursuant to Sections 11 to 20, inclusive, of this
378378 act, shall establish and administer its own personnel merit
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408408 system for county employees based on principles of human
409409 resources management which shall include equity, fairness, and
410410 compliance with all applicable state and federal laws. This
411411 shall be a merit based personnel system that seeks to maintain
412412 high quality employee conduct, integrity, and concern for the
413413 public interest. These factors shall be the basis for all
414414 personnel decisions whether made by the human resources
415415 department, the county commission, or the personnel appeals
416416 board.
417417 Section 12. Definitions.
418418 The following words as used in Sections 11 to 20,
419419 inclusive, have the following meanings:
420420 (1) APPEALS BOARD. The personnel appeals board created
421421 by the county commission and whose members are elected by the
422422 county commission.
423423 (2) COUNTY. Montgomery County.
424424 (3) COUNTY COMMISSION. The Montgomery County
425425 Commission.
426426 (4) DEPARTMENT. The human resources department, a
427427 department of the county created to carry out all personnel
428428 and related matters as designated by the county commission.
429429 (5) EMPLOYEE. Any individual who works for the county,
430430 a county officer, or a county agency in a classified or
431431 unclassified position whose salary is paid with funds paid by
432432 the county.
433433 a. Unclassfied Employee. An employee who serves at the
434434 pleasure of the county commission, or a county officer, or a
435435 county agency and who is not a participant in the merit based
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465465 personnel system hereby established. The following are
466466 unclassfied employees:
467467 1. All unclassified employees of the county on January
468468 1, 2024, in the employment of the county, a county officer, or
469469 a county agency.
470470 2. Volunteer personnel who receive no compensation from
471471 the county.
472472 3. Persons performing work under contract with the
473473 county and not carried on the payroll as employees.
474474 4. Persons whose employment is subject to the approval
475475 of the United States Government, the City or County of
476476 Montgomery, or the State of Alabama.
477477 5. Temporary employees.
478478 6. Other persons designated by the county commission
479479 who meet the intent of this section.
480480 b. Classified Employee. An employee who is assigned to
481481 an ongoing position authorized by a county officer or the
482482 county commission, whose salary is paid with funds paid by the
483483 county, and who may become a participant in the merit based
484484 personnel system established pursuant to this act following an
485485 initial probationary period.
486486 (6) VACANCY. A position approved and funded by the
487487 county that is currently unoccupied or is being filled by a
488488 temporary employee.
489489 Section 13. Principles.
490490 (a) The Montgomery County Commission shall establish a
491491 merit based personnel system for classified employees of the
492492 county. The department shall adopt rules and procedures
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522522 necessary to implement a merit based system based on the
523523 following principles:
524524 (1) Recruiting, selecting, and advancing employees
525525 based on their ability, knowledge, and skills, including the
526526 open competition of qualified applicants for initial
527527 appointment.
528528 (2) Establishing pay rates consistent with the
529529 principle of comparable pay for comparable jobs.
530530 (3) Training employees, as needed, to assure quality
531531 job performance.
532532 (4) Retaining employees on the basis of county needs,
533533 adequacy of performance, correcting inadequate performance
534534 when possible, and separating employees whose continued
535535 employment is not in the best interests of the county.
536536 (5) Assuring fair treatment of applicants and employees
537537 in all aspects of personnel administration without regard to
538538 political affiliation, sex, race, color, religion, national
539539 origin, disability, or age.
540540 (6) Providing all classified employees who have been
541541 disciplined or who have grievances, or both, a fair and
542542 impartial hearing and a resolution of the disciplinary action
543543 and grievances.
544544 (b) All employees of the county on January 1, 2024,
545545 shall remain employees of the county under the jurisdiction of
546546 the merit based personnel system.
547547 Section 14. Continuation of employment.
548548 (a) All classified employment with the county is
549549 contingent upon all of the following:
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579579 (1) Availability of funds.
580580 (2) The need for work to be done by the county or a
581581 county officer.
582582 (3) The employee's compliance with all rules, policies,
583583 and procedures established in accordance with Sections 11 to
584584 20 of this act.
585585 (4) Satisfactory job performance by the employee.
586586 (b) All classified employees who have successfully
587587 completed a probationary period shall not be separated from
588588 county employment without a hearing before the appeals board
589589 pursuant to the rules and procedures adopted by the
590590 department, if the employee requests a hearing.
591591 Section 15. Establishment of human resources
592592 department.
593593 (a) The county commission shall establish a human
594594 resources department within the county. The county commission
595595 shall adopt all rules, policies, and procedures necessary for
596596 creation and operation of the department.
597597 (b) The department shall assist the county commission
598598 in the creation and implementation of a personnel system. The
599599 department shall carry out all activities assigned to it by
600600 the county commission. This shall include adopting all
601601 necessary rules, policies, and procedures; overseeing benefits
602602 related to employment; assisting department heads; assisting
603603 employees; providing clerical and administrative assistance to
604604 the personnel appeals board; and any other functions deemed
605605 appropriate by the county commission, all with consideration
606606 and approval by the board.
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636636 Section 16. Rules, policies, and procedures.
637637 The rules, policies, and procedures necessary to
638638 implement the county personnel system shall be adopted by the
639639 department and approved by the county commission by December
640640 1, 2023. The rules, policies, and procedures adopted and
641641 approved by the county commission shall be based on the
642642 principle that all employees and applicants shall receive fair
643643 and equitable treatment in all aspects of personnel management
644644 without regard to political affiliation, race, color,
645645 religion, national origin, sex, age, disability, and with
646646 proper regard for privacy and constitutional rights.
647647 Section 17. Personnel appeals board.
648648 (a) The county commission shall create a personnel
649649 appeals board separate and apart from the county commission
650650 for the purpose of hearing all appeals from final employee
651651 actions by the county and as requested by the affected
652652 employee. The appeals board shall consist of three members
653653 elected by vote of majority of the county commission at any
654654 regularly or specially scheduled county commission meeting.
655655 (b) The appeals board members shall be residents of and
656656 qualified voters of Montgomery County during their tenure. A
657657 member may not be a county employee or board member or a blood
658658 relative as defined by the state Merit System, of a county
659659 employee.
660660 (c) Each appeals board member shall be appointed for a
661661 three-year term, unless filling an unexpired term, and may be
662662 reappointed. However, the first appointed members shall serve
663663 staggered terms of 3, 2, and 1 years as determined by the
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693693 county commission.
694694 (d) The appeals board members shall elect a chair
695695 annually by a majority vote.
696696 (e) The appeals board shall meet at least quarterly and
697697 at such other times as determined by the chair.
698698 (f) The county commission shall determine the
699699 compensation of the appeals board members and shall also
700700 provide the board with office space and support staff as
701701 reasonably necessary.
702702 (g) The county commission shall adopt the necessary
703703 rules, regulations, and procedures for the operation of the
704704 appeals board.
705705 Section 18. Employment.
706706 All classified employees shall be hired from a
707707 certified register of job applicants who meet the job related
708708 qualifications as provided by the department. All personnel
709709 activities shall be in accordance with the rules, policies,
710710 and procedures enacted by the county commission.
711711 Section 19. Political activity.
712712 (a) Any employee may participate in county or state
713713 political activities to the same extent any resident of
714714 Alabama may. This activity may include endorsing a candidate
715715 and contributing to campaigns. Employees may join local
716716 political organizations, and state and national political
717717 parties. Employees may also support issues of public welfare,
718718 circulate petitions, and make contributions.
719719 (b) No employee of the county shall use his or her
720720 official position or authority to influence the vote or
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750750 political action of any person, nor shall any county funds,
751751 property, or time be used for any political activity. No
752752 employee of the county shall solicit political contributions
753753 or solicit work in any capacity in a campaign from any person
754754 who is a subordinate employee.
755755 Section 20. Transfer of Records.
756756 All existing records related to employment of all
757757 county employees shall be transferred to the human resources
758758 department.
759759 Section 21. Effective January 1, 2024, Sections
760760 45-51A-32.110 to Section 45-51A-32.127 of the Code of Alabama
761761 1975, inclusive (Subpart 5 of Part 3 of Article 3 of Chapter
762762 51A of Title 45), establishing the Montgomery City/County
763763 Personnel Department and Personnel Board for the Montgomery
764764 County and the City of Montgomery, are repealed. All property
765765 of the Montgomery City/County Personnel Board and Personnel
766766 Department shall be transferred to the Montgomery County Human
767767 Resources Department established by Sections 11 through 20.
768768 All records relating to any employee of the City of Montgomery
769769 shall be transferred to the City of Montgomery Personnel
770770 Department. All records relating to any employee of Montgomery
771771 County shall be retained by the Montgomery County Human
772772 Resources Department.
773773 Section 22. This act shall become effective on the
774774 first day of the third month following its passage and
775775 approval by the Governor, or its otherwise becoming law.
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