HB500INTRODUCED
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FPEU5D-1
By Representative Ingram (N & P)
RFD: Montgomery County Legislation
First Read: 18-May-23
2023 Regular Session
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5 FPEU5D-1 03/10/2023 FC (L)ma 2023-375
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A BILL
TO BE ENTITLED
AN ACT
Relating to Montgomery County and the City of
Montgomery; to establish a separate personnel merit system and
a separate human resources department for the county and the
city; to provide for separate personnel appeals boards for
each separate personnel merit system; to provide for the
transfer of existing employees to the appropriate system; to
provide for the adoption of rules and procedures for each
system; to provide for the transfer of property and records;
and to provide for the repeal of Sections 45-51A-32.110 to
45-51A-32.127, Code of Alabama 1975, inclusive, effective
January 1, 2024.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Effective January 1, 2024, the City of
Montgomery, pursuant to Sections 1 to 10, inclusive of this
act, shall establish and administer its own personnel merit
system based on principles of human resources management which
shall include equity, fairness, and compliance with all
applicable state and federal laws. This shall be a merit based
personnel system that seeks to maintain high quality employee
conduct, integrity, and concern for the public interest. These
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factors shall be the basis for all personnel decisions whether
made by the human resources department, the city, or the
personnel appeals board for the city.
Section 2. Definitions.
The following words used in Sections 1 to 10,
inclusive, of this act have the following meanings:
(1) APPEALS BOARD. The personnel appeals board created
by the city council and whose members are elected by the city
council.
(2) CITY. The City of Montgomery.
(3) CITY COUNCIL. The City Council of the City of
Montgomery.
(4) DEPARTMENT. The human resources department, a
department of the city created to carry out all personnel and
related matters as designated by the city.
(5) EMPLOYEE. Any individual who works for the city in
a classified or unclassified position whose salary is paid
with funds paid by the city.
a. Unclassified Employee. An employee who serves at the
pleasure of the mayor and who is not a participant in the
merit based personnel system hereby established. The following
are unclassified employees:
1. All unclassified employees of the city on January 1,
2024.
2. Volunteer personnel who receive no compensation from
the city.
3. Persons performing work under contract with the city
and not carried on the payroll as employees.
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4. Persons whose employment is subject to the approval
of the United States Government, the City or County of
Montgomery, or the State of Alabama.
5. Temporary employees.
6. Other persons designated by the city council who the
city council determines should report directly to the mayor.
b. Classified Employee. An employee who is assigned to
an ongoing position authorized by the city, whose salary is
paid with funds paid by the city, and who may become a
participant in the merit based personnel system hereby
established following an initial probationary period.
(6) MAYOR. The Mayor of the City of Montgomery.
(7) VACANCY. A position approved and funded by the city
which is currently unoccupied or is being filled by a
temporary employee.
Section 3. Principles.
(a) The City Council of the City of Montgomery shall
establish a merit based personnel system for classified
employees of the city. The department shall adopt rules and
procedures necessary to implement a merit based personnel
system based on the following principles:
(1) Recruiting, selecting, and advancing employees
based on their ability, knowledge, and skills, including the
open competition of qualified applicants for initial
appointment.
(2) Establishing pay rates consistent with the
principle of comparable pay for comparable jobs.
(3) Training employees, as needed, to assure quality
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job performance.
(4) Retaining employees on the basis of city needs,
adequacy of performance, correcting inadequate performance
when possible, and separating employees whose continued
employment is not in the best interests of the city.
(5) Assuring fair treatment of applicants and employees
in all aspects of personnel administration without regard to
political affiliation, sex, race, color, religion, national
origin, disability, or age.
(6) Providing all classified employees who have been
disciplined or who have grievances, or both, a fair and
impartial hearing and a resolution of the disciplinary action
and grievances.
(b) All employees of the city on January 1, 2024, shall
remain employees of the city under the jurisdiction of the
merit based personnel system.
Section 4. Continuation of employment.
(a) All classified employment with the city is
contingent upon all of the following:
(1) Availability of funds.
(2) The city's need for work to be done.
(3) The employee's compliance with all rules, policies,
and procedures established in accordance with Sections 1 to 10
of this act.
(4) Satisfactory job performance by the employee.
(b) All classified employees who have successfully
completed a probationary period shall not be separated from
city employment without a hearing before the appeals board
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established in Section 7 of this act pursuant to the rules and
procedures adopted by the department, if the employee requests
a hearing.
Section 5. Establishment of human resources department.
(a) The city council shall establish a human resources
department within the city. The city council shall adopt all
rules, policies, and procedures necessary for creation and
operation of the department.
(b) The department shall assist the city council in the
creation and implementation of a personnel system. The
department shall carry out all activities assigned to it by
the city council. This shall include adopting all necessary
rules, policies, and procedures; overseeing benefits related
to employment; assisting department heads; assisting
employees; providing clerical and administrative assistance to
the personnel appeals board; and any other functions deemed
appropriate by the city council.
Section 6. Rules, policies, and procedures.
The rules, policies, and procedures necessary to implement
Sections 1 to 10 of this act shall be adopted by the
department and approved by the city council by December 1,
2023. The rules, policies, and procedures adopted by the
department shall be based on the principle that all employees
and applicants shall receive fair and equitable treatment in
all aspects of personnel management without regard to
political affiliation, race, color, religion, national origin,
sex, age, disability, and with proper regard for privacy and
constitutional rights.
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Section 7. Personnel appeals board.
(a) The city council shall create a personnel appeals
board separate and apart from the department for the purpose
of hearing all appeals from final employee actions by the city
and as requested by the affected employee. The appeals board
shall consist of three members elected by vote of majority of
the city council at any regularly or specially scheduled city
council meeting.
(b) The appeals board members shall be residents of and
qualified voters of the City of Montgomery during their
tenure. A member may not be a city employee or board member or
a blood relative as defined by the state Merit System, of a
city employee or the mayor or city council.
(c) Each appeals board member shall be appointed for a
three-year term, unless filling an unexpired term, and may be
reappointed. However, the first appointed members shall serve
staggered terms of 3, 2, and 1 years as determined by the city
council.
(d) The appeals board members shall elect a chair
annually by a majority vote.
(e) The appeals board shall meet at least quarterly and
at such other times as determined by the chair.
(f) The city council shall determine the compensation
of the appeals board members and shall also provide the board
with office space and support staff as reasonably necessary.
(g) The city council shall adopt the necessary rules
and procedures for the operation of the appeals board.
Section 8. Employment.
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All classified employees shall be hired from a
certified register of job applicants who meet the job related
qualifications as provided by the department. All personnel
activities shall be in accordance with the rules, policies,
and procedures enacted by the city council.
Section 9. Political activity.
(a) Any employee may participate in city or state
political activities to the same extent any resident of
Alabama may. This activity may include endorsing a candidate
and contributing to campaigns. Employees may join local
political organizations, and state and national political
parties. Employees may also support issues of public welfare,
circulate petitions, and make contributions.
(b) No employee of the city shall use his or her
official position or authority to influence the vote or
political action of any person, nor shall any city funds,
property, or time be used for any political activity. No
employee of the city shall solicit political contributions or
solicit work in any capacity in a campaign from any individual
who is a subordinate employee.
Section 10. Transfer of Records.
All existing records related to city employment of city
employees shall be transferred to the human resources
department.
Section 11.
Effective January 1, 2024, the Montgomery County
Commission, pursuant to Sections 11 to 20, inclusive, of this
act, shall establish and administer its own personnel merit
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system for county employees based on principles of human
resources management which shall include equity, fairness, and
compliance with all applicable state and federal laws. This
shall be a merit based personnel system that seeks to maintain
high quality employee conduct, integrity, and concern for the
public interest. These factors shall be the basis for all
personnel decisions whether made by the human resources
department, the county commission, or the personnel appeals
board.
Section 12. Definitions.
The following words as used in Sections 11 to 20,
inclusive, have the following meanings:
(1) APPEALS BOARD. The personnel appeals board created
by the county commission and whose members are elected by the
county commission.
(2) COUNTY. Montgomery County.
(3) COUNTY COMMISSION. The Montgomery County
Commission.
(4) DEPARTMENT. The human resources department, a
department of the county created to carry out all personnel
and related matters as designated by the county commission.
(5) EMPLOYEE. Any individual who works for the county,
a county officer, or a county agency in a classified or
unclassified position whose salary is paid with funds paid by
the county.
a. Unclassfied Employee. An employee who serves at the
pleasure of the county commission, or a county officer, or a
county agency and who is not a participant in the merit based
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personnel system hereby established. The following are
unclassfied employees:
1. All unclassified employees of the county on January
1, 2024, in the employment of the county, a county officer, or
a county agency.
2. Volunteer personnel who receive no compensation from
the county.
3. Persons performing work under contract with the
county and not carried on the payroll as employees.
4. Persons whose employment is subject to the approval
of the United States Government, the City or County of
Montgomery, or the State of Alabama.
5. Temporary employees.
6. Other persons designated by the county commission
who meet the intent of this section.
b. Classified Employee. An employee who is assigned to
an ongoing position authorized by a county officer or the
county commission, whose salary is paid with funds paid by the
county, and who may become a participant in the merit based
personnel system established pursuant to this act following an
initial probationary period.
(6) VACANCY. A position approved and funded by the
county that is currently unoccupied or is being filled by a
temporary employee.
Section 13. Principles.
(a) The Montgomery County Commission shall establish a
merit based personnel system for classified employees of the
county. The department shall adopt rules and procedures
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necessary to implement a merit based system based on the
following principles:
(1) Recruiting, selecting, and advancing employees
based on their ability, knowledge, and skills, including the
open competition of qualified applicants for initial
appointment.
(2) Establishing pay rates consistent with the
principle of comparable pay for comparable jobs.
(3) Training employees, as needed, to assure quality
job performance.
(4) Retaining employees on the basis of county needs,
adequacy of performance, correcting inadequate performance
when possible, and separating employees whose continued
employment is not in the best interests of the county.
(5) Assuring fair treatment of applicants and employees
in all aspects of personnel administration without regard to
political affiliation, sex, race, color, religion, national
origin, disability, or age.
(6) Providing all classified employees who have been
disciplined or who have grievances, or both, a fair and
impartial hearing and a resolution of the disciplinary action
and grievances.
(b) All employees of the county on January 1, 2024,
shall remain employees of the county under the jurisdiction of
the merit based personnel system.
Section 14. Continuation of employment.
(a) All classified employment with the county is
contingent upon all of the following:
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(1) Availability of funds.
(2) The need for work to be done by the county or a
county officer.
(3) The employee's compliance with all rules, policies,
and procedures established in accordance with Sections 11 to
20 of this act.
(4) Satisfactory job performance by the employee.
(b) All classified employees who have successfully
completed a probationary period shall not be separated from
county employment without a hearing before the appeals board
pursuant to the rules and procedures adopted by the
department, if the employee requests a hearing.
Section 15. Establishment of human resources
department.
(a) The county commission shall establish a human
resources department within the county. The county commission
shall adopt all rules, policies, and procedures necessary for
creation and operation of the department.
(b) The department shall assist the county commission
in the creation and implementation of a personnel system. The
department shall carry out all activities assigned to it by
the county commission. This shall include adopting all
necessary rules, policies, and procedures; overseeing benefits
related to employment; assisting department heads; assisting
employees; providing clerical and administrative assistance to
the personnel appeals board; and any other functions deemed
appropriate by the county commission, all with consideration
and approval by the board.
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Section 16. Rules, policies, and procedures.
The rules, policies, and procedures necessary to
implement the county personnel system shall be adopted by the
department and approved by the county commission by December
1, 2023. The rules, policies, and procedures adopted and
approved by the county commission shall be based on the
principle that all employees and applicants shall receive fair
and equitable treatment in all aspects of personnel management
without regard to political affiliation, race, color,
religion, national origin, sex, age, disability, and with
proper regard for privacy and constitutional rights.
Section 17. Personnel appeals board.
(a) The county commission shall create a personnel
appeals board separate and apart from the county commission
for the purpose of hearing all appeals from final employee
actions by the county and as requested by the affected
employee. The appeals board shall consist of three members
elected by vote of majority of the county commission at any
regularly or specially scheduled county commission meeting.
(b) The appeals board members shall be residents of and
qualified voters of Montgomery County during their tenure. A
member may not be a county employee or board member or a blood
relative as defined by the state Merit System, of a county
employee.
(c) Each appeals board member shall be appointed for a
three-year term, unless filling an unexpired term, and may be
reappointed. However, the first appointed members shall serve
staggered terms of 3, 2, and 1 years as determined by the
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county commission.
(d) The appeals board members shall elect a chair
annually by a majority vote.
(e) The appeals board shall meet at least quarterly and
at such other times as determined by the chair.
(f) The county commission shall determine the
compensation of the appeals board members and shall also
provide the board with office space and support staff as
reasonably necessary.
(g) The county commission shall adopt the necessary
rules, regulations, and procedures for the operation of the
appeals board.
Section 18. Employment.
All classified employees shall be hired from a
certified register of job applicants who meet the job related
qualifications as provided by the department. All personnel
activities shall be in accordance with the rules, policies,
and procedures enacted by the county commission.
Section 19. Political activity.
(a) Any employee may participate in county or state
political activities to the same extent any resident of
Alabama may. This activity may include endorsing a candidate
and contributing to campaigns. Employees may join local
political organizations, and state and national political
parties. Employees may also support issues of public welfare,
circulate petitions, and make contributions.
(b) No employee of the county shall use his or her
official position or authority to influence the vote or
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political action of any person, nor shall any county funds,
property, or time be used for any political activity. No
employee of the county shall solicit political contributions
or solicit work in any capacity in a campaign from any person
who is a subordinate employee.
Section 20. Transfer of Records.
All existing records related to employment of all
county employees shall be transferred to the human resources
department.
Section 21. Effective January 1, 2024, Sections
45-51A-32.110 to Section 45-51A-32.127 of the Code of Alabama
1975, inclusive (Subpart 5 of Part 3 of Article 3 of Chapter
51A of Title 45), establishing the Montgomery City/County
Personnel Department and Personnel Board for the Montgomery
County and the City of Montgomery, are repealed. All property
of the Montgomery City/County Personnel Board and Personnel
Department shall be transferred to the Montgomery County Human
Resources Department established by Sections 11 through 20.
All records relating to any employee of the City of Montgomery
shall be transferred to the City of Montgomery Personnel
Department. All records relating to any employee of Montgomery
County shall be retained by the Montgomery County Human
Resources Department.
Section 22. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.
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