HB511INTRODUCED
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M5M9WH-1
By Representatives Hassell, Ensler, McClammy, Lawrence, Morris
(N & P)
RFD: County and Municipal Government
First Read: 23-May-23
2023 Regular Session
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6 M5M9WH-1 04/03/2023 FC (L)ma 2023-2257
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A BILL
TO BE ENTITLED
AN ACT
Relating to Montgomery County and to municipalities in
the county having a population of 5,000 or more people,
according to the most recent or any subsequent federal census;
to amend Section 45-51A-32.113, as last amended by Act
2022-370 of the 2022 Regular Session, Code of Alabama 1975,
establishing a countywide personnel system; to provide that
certain city employees are members of the exempt service of
the municipality.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-51A-32.113 of the Code of Alabama
1975, is amended to read as follows:
"ยง45-51A-32.113
(a) This subpart shall apply to all officers and
employees in the service of the county and affected
municipalities, except the following:
(1) Elective officials. Provided however, that in the
event the status of an elective officer of the county or
municipality is changed to that of an appointive officer, then
at the expiration of the term of office of any such officer,
the individual holding the office at the time of the
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expiration of the term, providing that he or she shall have
served in the position for a period of at least six months
continuously, immediately prior to the expiration of the term
of office, shall assume regular status in the competitive
service without preliminary examination or working tests and
shall thereafter be subject in all respects to this subpart.
(2) Members of appointive boards, commissions, and
committees.
(3) All employees or appointees of the city or county
board of education, or individuals engaged in the profession
of teaching or in supervising teaching in the public schools;
excepting, however, personnel employed in kindergartens or
schools not a part of the city or county school system
operated under the direction and supervision of the city or
county board of education.
(4) Attorneys, physicians, surgeons, and dentists who,
with the express or implied permission of any appointing
authority or of the county or municipality, hold themselves
out for employment by others in the same or a like line of
work as that performed by them for such appointing authority;
excepting, however, municipal recorders or assistant recorders
and city or municipal prosecutors or assistant city or
municipal prosecutors.
(5) The personnel director provided for by this
subpart.
(6) Individuals in the classified service within the
meaning of and subject to the state Merit System under any
present or future law, and so long as any such law remains
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effective.
(7) One private secretary or executive assistant of a
member of the governing body of such municipality, the bailiff
appointed by each judge of the circuit court, and two clerks
to be designated by each county elective official and also the
register of the circuit court except the member of the board
of revenue; and any employee receiving his or her compensation
from any elected official of the county.
(8) One clerk, deputy, or employee to be named by the
clerk of the circuit court for his or her office, and one
clerk, deputy, or employee to be named by the register of the
circuit court for his or her office.
(9)a. The chief of police, fire chief, chief financial
officer or director of finance, chief operating officer,
special assistant to the mayor, city attorney, director of the
office of city investigations, head of the department of
engineering and environmental services director of public
works, head of the inspection department, head of the planning
department, head of the communications department, director of
traffic engineering, head of the department of parks and
recreation, head of the building maintenance department, and
head of the sanitation department of any affected
municipality, and any private secretary, executive assistant,
or special assistant of any of the officers and employees
listed in this paragraph, all of whom shall be appointed and
serve at the pleasure of the mayor of the affected
municipality. In addition, all of the following shall be
appointed and serve at the pleasure of the mayor: Chief of
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staff, chief administrative officer, director of office of
violence prevention, director of emergency communications,
director of the emergency management agency, director of
economic development, director of community development,
director of neighborhood services, director of the zoo,
director of riverfront facilities and special services,
director of procurement, director of risk management, director
of grants department, director of street maintenance, director
of engineering and landfill, director of general services,
director of parking management, director of fleet management,
director of cultural affairs, director of city events, library
director, museum director, chief technology officer, and
senior policy advisor. Any individual appointed to a position
pursuant to this subdivision shall meet at least the minimum
qualifications for the position as shall be established by the
personnel board. Notwithstanding any other provisions of this
subpart, the compensation of individuals appointed pursuant to
this subdivision shall be set by the personnel board pursuant
to a pay and classification study.
b. If a an individual is removed by the mayor from any
of the positions listed in paragraph a. for any reason other
than for cause of willful neglect of duty, corruption in
office, incompetency, or malfeasance, and if that individual
was a member of the competitive or classified service of the
county and affected municipalities at the time of initial
appointment to that position by the mayor, that individual may
return to the competitive or classified service as if he or
she had never been appointed to or removed from the position
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by the mayor.
(b) Offices, positions, and employments not exempted
above shall constitute the competitive or classified service
of the county and affected municipalities. It is intended
hereby to include within the competitive or classified service
all offices, positions, and employments in each such county
and any such municipalities therein as these offices,
positions, and employment now exist, or as they may hereafter
exist, the holders of which are paid, whether by salaries,
wages, and fees, in whole or in part from funds of any such
county or municipality, or the holders of which receive their
compensation from any elected official and perform duties
pertaining to the office of such elected official or officer
except those hereinabove numerated in this section. It is also
intended hereby that the competitive or classified service
shall include all personnel of any public corporation, board,
committee, or commission, appointed or created by the
governing body of any such county or municipality whether the
salaries, wages, or compensation of such officers or employees
are paid directly by the county or municipality; provided,
however, the appointed members of any such public corporation,
board, committee, or commission shall not be included in the
competitive or classified service."
Section 2. 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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