Alabama 2023 Regular Session

Alabama House Bill HB511 Compare Versions

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1	1	HB511INTRODUCED
2	2	Page 0
3	3	M5M9WH-1
4	4	By Representatives Hassell, Ensler, McClammy, Lawrence, Morris
5	5	(N & P)
6	6	RFD: County and Municipal Government
7	7	First Read: 23-May-23
8	8	2023 Regular Session
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14	14	6 M5M9WH-1 04/03/2023 FC (L)ma 2023-2257
15	15	Page 1
16	16	A BILL
17	17	TO BE ENTITLED
18	18	AN ACT
19	19	Relating to Montgomery County and to municipalities in
20	20	the county having a population of 5,000 or more people,
21	21	according to the most recent or any subsequent federal census;
22	22	to amend Section 45-51A-32.113, as last amended by Act
23	23	2022-370 of the 2022 Regular Session, Code of Alabama 1975,
24	24	establishing a countywide personnel system; to provide that
25	25	certain city employees are members of the exempt service of
26	26	the municipality.
27	27	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28	28	Section 1. Section 45-51A-32.113 of the Code of Alabama
29	29	1975, is amended to read as follows:
30	30	"§45-51A-32.113
31	31	(a) This subpart shall apply to all officers and
32	32	employees in the service of the county and affected
33	33	municipalities, except the following:
34	34	(1) Elective officials. Provided however, that in the
35	35	event the status of an elective officer of the county or
36	36	municipality is changed to that of an appointive officer, then
37	37	at the expiration of the term of office of any such officer,
38	38	the individual holding the office at the time of the
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68	68	expiration of the term, providing that he or she shall have
69	69	served in the position for a period of at least six months
70	70	continuously, immediately prior to the expiration of the term
71	71	of office, shall assume regular status in the competitive
72	72	service without preliminary examination or working tests and
73	73	shall thereafter be subject in all respects to this subpart.
74	74	(2) Members of appointive boards, commissions, and
75	75	committees.
76	76	(3) All employees or appointees of the city or county
77	77	board of education, or individuals engaged in the profession
78	78	of teaching or in supervising teaching in the public schools;
79	79	excepting, however, personnel employed in kindergartens or
80	80	schools not a part of the city or county school system
81	81	operated under the direction and supervision of the city or
82	82	county board of education.
83	83	(4) Attorneys, physicians, surgeons, and dentists who,
84	84	with the express or implied permission of any appointing
85	85	authority or of the county or municipality, hold themselves
86	86	out for employment by others in the same or a like line of
87	87	work as that performed by them for such appointing authority;
88	88	excepting, however, municipal recorders or assistant recorders
89	89	and city or municipal prosecutors or assistant city or
90	90	municipal prosecutors.
91	91	(5) The personnel director provided for by this
92	92	subpart.
93	93	(6) Individuals in the classified service within the
94	94	meaning of and subject to the state Merit System under any
95	95	present or future law, and so long as any such law remains
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125	125	effective.
126	126	(7) One private secretary or executive assistant of a
127	127	member of the governing body of such municipality, the bailiff
128	128	appointed by each judge of the circuit court, and two clerks
129	129	to be designated by each county elective official and also the
130	130	register of the circuit court except the member of the board
131	131	of revenue; and any employee receiving his or her compensation
132	132	from any elected official of the county.
133	133	(8) One clerk, deputy, or employee to be named by the
134	134	clerk of the circuit court for his or her office, and one
135	135	clerk, deputy, or employee to be named by the register of the
136	136	circuit court for his or her office.
137	137	(9)a. The chief of police, fire chief, chief financial
138	138	officer or director of finance, chief operating officer,
139	139	special assistant to the mayor, city attorney, director of the
140	140	office of city investigations, head of the department of
141	141	engineering and environmental services director of public
142	142	works, head of the inspection department, head of the planning
143	143	department, head of the communications department, director of
144	144	traffic engineering, head of the department of parks and
145	145	recreation, head of the building maintenance department, and
146	146	head of the sanitation department of any affected
147	147	municipality, and any private secretary, executive assistant,
148	148	or special assistant of any of the officers and employees
149	149	listed in this paragraph, all of whom shall be appointed and
150	150	serve at the pleasure of the mayor of the affected
151	151	municipality. In addition, all of the following shall be
152	152	appointed and serve at the pleasure of the mayor: Chief of
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182	182	staff, chief administrative officer, director of office of
183	183	violence prevention, director of emergency communications,
184	184	director of the emergency management agency, director of
185	185	economic development, director of community development,
186	186	director of neighborhood services, director of the zoo,
187	187	director of riverfront facilities and special services,
188	188	director of procurement, director of risk management, director
189	189	of grants department, director of street maintenance, director
190	190	of engineering and landfill, director of general services,
191	191	director of parking management, director of fleet management,
192	192	director of cultural affairs, director of city events, library
193	193	director, museum director, chief technology officer, and
194	194	senior policy advisor. Any individual appointed to a position
195	195	pursuant to this subdivision shall meet at least the minimum
196	196	qualifications for the position as shall be established by the
197	197	personnel board. Notwithstanding any other provisions of this
198	198	subpart, the compensation of individuals appointed pursuant to
199	199	this subdivision shall be set by the personnel board pursuant
200	200	to a pay and classification study.
201	201	b. If a an individual is removed by the mayor from any
202	202	of the positions listed in paragraph a. for any reason other
203	203	than for cause of willful neglect of duty, corruption in
204	204	office, incompetency, or malfeasance, and if that individual
205	205	was a member of the competitive or classified service of the
206	206	county and affected municipalities at the time of initial
207	207	appointment to that position by the mayor, that individual may
208	208	return to the competitive or classified service as if he or
209	209	she had never been appointed to or removed from the position
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239	239	by the mayor.
240	240	(b) Offices, positions, and employments not exempted
241	241	above shall constitute the competitive or classified service
242	242	of the county and affected municipalities. It is intended
243	243	hereby to include within the competitive or classified service
244	244	all offices, positions, and employments in each such county
245	245	and any such municipalities therein as these offices,
246	246	positions, and employment now exist, or as they may hereafter
247	247	exist, the holders of which are paid, whether by salaries,
248	248	wages, and fees, in whole or in part from funds of any such
249	249	county or municipality, or the holders of which receive their
250	250	compensation from any elected official and perform duties
251	251	pertaining to the office of such elected official or officer
252	252	except those hereinabove numerated in this section. It is also
253	253	intended hereby that the competitive or classified service
254	254	shall include all personnel of any public corporation, board,
255	255	committee, or commission, appointed or created by the
256	256	governing body of any such county or municipality whether the
257	257	salaries, wages, or compensation of such officers or employees
258	258	are paid directly by the county or municipality; provided,
259	259	however, the appointed members of any such public corporation,
260	260	board, committee, or commission shall not be included in the
261	261	competitive or classified service."
262	262	Section 2. This act shall become effective on the first
263	263	day of the third month following its passage and approval by
264	264	the Governor, or its otherwise becoming law.
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