SB203INTRODUCED
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KZWEAU-1
By Senator Waggoner
RFD: County and Municipal Government
First Read: 12-Apr-23
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5 KZWEAU-1 04/04/2023 FC (L) ma 2023-1130
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SYNOPSIS:
This bill would authorize any county,
municipality, or governmental entity subject to a
countywide civil service system to elect by a majority
vote of the governing body to opt out of the countywide
civil service system.
This bill would also require the county,
municipality, or governmental entity to adopt a human
resources policy and procedures manual and to provide
written notification to the director of the countywide
civil service system.
A BILL
TO BE ENACTED
AN ACT
To authorize any county, municipality, or governmental
entity subject to a countywide civil service system to elect
by a majority vote of the county or municipal governing body
to opt out of the countywide civil service system; to require
the county, municipality, or governmental entity to adopt a
human resources policy and procedures manual; and to require
the county, municipality, or governmental entity to notify the
director of the countywide civil service system of its
decision to withdraw from the system.
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
term "countywide civil service system" means a civil service
system established by a general or local law that applies to a
county and any municipality in the county.
(b) Any county, municipality, or governmental entity
subject to a countywide civil service system by majority vote
of the county commission, city, or town council or the
governing body of the governmental entity may elect to
withdraw from a countywide civil service system
notwithstanding any other provision of law to the contrary,
whether in a general or local law. If any county,
municipality, or governmental entity elects to withdraw from a
countywide civil service system under this subsection, the
countywide civil service system shall then exercise no
authority or jurisdiction over the county, municipality, or
governmental entity.
(c) Any county, municipality, or governmental entity
making the election pursuant to this section shall provide
written notice to the director of the countywide civil service
system of its decision to withdraw from the countywide civil
service system. Prior to the notice, the county, municipality,
or governmental entity shall hold a public hearing on its
decision to withdraw.
(d) Any county, municipality, or governmental entity
making the election authorized by subsection (b), prior to the
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effective date of the withdrawal, shall adopt a human
resources policy and procedures manual, which shall include
personnel policy guidelines; operational standards; employee
management, recruitment, hiring, and due process termination
procedures; equal employment opportunities policies; grievance
resolution procedures; and workplace harassment policies. The
policies and procedures adopted by the county, municipality,
or governmental entity under this subsection shall include an
independent appeal and review process to consider employee
terminations, suspensions, and demotions, and may also include
a merit system for employees. The policies and procedures
adopted by the county, municipality, or governmental entity
shall ensure that its existing employees continue to enjoy any
employment rights, interest, or privileges that are vested or
vesting under the applicable countywide civil service system
rules as of the effective date of the withdrawal. After
withdrawal, all required employment due process procedures,
outlined in the county, municipality, or governmental entity's
human resources policy and procedures manual shall govern
future employees.
Section 2. (a)(1) All current employees of any county,
municipality, or governmental entity making the election
authorized by Section 1(b) to withdraw from a countywide civil
service system shall remain eligible to participate in any
pension plan or other retirement benefit plan if that current
employee was eligible to participate in this plan before the
date of withdrawal.
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(2) Any future employees of any county, municipality, or
governmental entity making the election authorized by Section
1(b) to withdraw from a countywide civil service system shall
be eligible to participate in any pension plan or retirement
benefit plan if that future employee would have been eligible
to participate before the effective date of withdrawal by
virtue of his or her employment with the county, municipality,
or governmental entity.
(3) Any current or future employee of any county,
municipality, or governmental entity affected by this act that
was previously eligible or would have been eligible for and
subject to mandatory membership in any pension plan or other
retirement benefit plan by virtue of being a member of the
classified service in the county, municipality, or
governmental entity before the effective date of the
withdrawal shall remain subject to mandatory membership in
that pension plan or other retirement benefit plan.
(4) Any eligibility determinations for any benefits
previously made by reference to information provided by a
county civil service system shall be made by reference to
information furnished by the county, municipality, or
governmental entity employing the employee.
(b) The withdrawal of any county, municipality, or
governmental entity from any countywide civil service system
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shall not affect the service credit for pension benefits or
other retirement benefits for any employee of the county,
municipality, or governmental entity. Any employee who is a
member of a pension plan or other retirement benefits plan or
eligible to be a member of a pension plan or other retirement
benefits plan shall have prior and future service credited for
pension benefit purposes as though the withdrawal had not
occurred. The withdrawal of any county, municipality, or
governmental entity from any countywide civil service system
shall not be deemed a break in service for pension benefit
service crediting purposes or a termination of employment for
distribution purposes.
(c) In the event a county, municipality, or governmental
entity exercises their rights under Section 1(b) to withdraw
from any countywide civil service system, any appointing
authority exercised by the countywide civil service system on
any county pension board, retirement benefit plan, or other
government retirement system shall revert to the respective
county, municipality, or governmental entity that sponsors the
pension plan, retirement benefit plan, or other government
retirement system. Nothing in this subsection, however, shall
apply if the withdrawing county, municipality, or other
governmental entity participates in any retirement system
administered by the State of Alabama.
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(d) This section shall apply notwithstanding any specific
provision or section of any prior act or provision of law to
the contrary, whether in a general or local law.
Section 3. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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