Alabama 2023 Regular Session

Alabama Senate Bill SB336 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB336INTRODUCED
2	2	Page 0
3	3	VFWJPV-1
4	4	By Senator Hatcher (N & P)
5	5	RFD: Local Legislation
6	6	First Read: 18-May-23
7	7	2023 Regular Session
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12	12	5 VFWJPV-1 04/03/2023 FC (L)ma 2023-1109
13	13	Page 1
14	14	A BILL
15	15	TO BE ENTITLED
16	16	AN ACT
17	17	Relating to Montgomery County and to municipalities in
18	18	the county having a population of 5,000 or more people,
19	19	according to the most recent or any subsequent federal census;
20	20	to amend Section 45-51A-32.113, as last amended by Act
21	21	2022-370 of the 2022 Regular Session, Code of Alabama 1975,
22	22	establishing a countywide personnel system; to provide that
23	23	certain city employees are members of the exempt service of
24	24	the municipality.
25	25	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26	26	Section 1. Section 45-51A-32.113 of the Code of Alabama
27	27	1975, is amended to read as follows:
28	28	"§45-51A-32.113
29	29	(a) This subpart shall apply to all officers and
30	30	employees in the service of the county and affected
31	31	municipalities, except the following:
32	32	(1) Elective officials. Provided however, that in the
33	33	event the status of an elective officer of the county or
34	34	municipality is changed to that of an appointive officer, then
35	35	at the expiration of the term of office of any such officer,
36	36	the individual holding the office at the time of the
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66	66	expiration of the term, providing that he or she shall have
67	67	served in the position for a period of at least six months
68	68	continuously, immediately prior to the expiration of the term
69	69	of office, shall assume regular status in the competitive
70	70	service without preliminary examination or working tests and
71	71	shall thereafter be subject in all respects to this subpart.
72	72	(2) Members of appointive boards, commissions, and
73	73	committees.
74	74	(3) All employees or appointees of the city or county
75	75	board of education, or individuals engaged in the profession
76	76	of teaching or in supervising teaching in the public schools;
77	77	excepting, however, personnel employed in kindergartens or
78	78	schools not a part of the city or county school system
79	79	operated under the direction and supervision of the city or
80	80	county board of education.
81	81	(4) Attorneys, physicians, surgeons, and dentists who,
82	82	with the express or implied permission of any appointing
83	83	authority or of the county or municipality, hold themselves
84	84	out for employment by others in the same or a like line of
85	85	work as that performed by them for such appointing authority;
86	86	excepting, however, municipal recorders or assistant recorders
87	87	and city or municipal prosecutors or assistant city or
88	88	municipal prosecutors.
89	89	(5) The personnel director provided for by this
90	90	subpart.
91	91	(6) Individuals in the classified service within the
92	92	meaning of and subject to the state Merit System under any
93	93	present or future law, and so long as any such law remains
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123	123	effective.
124	124	(7) One private secretary or executive assistant of a
125	125	member of the governing body of such municipality, the bailiff
126	126	appointed by each judge of the circuit court, and two clerks
127	127	to be designated by each county elective official and also the
128	128	register of the circuit court except the member of the board
129	129	of revenue; and any employee receiving his or her compensation
130	130	from any elected official of the county.
131	131	(8) One clerk, deputy, or employee to be named by the
132	132	clerk of the circuit court for his or her office, and one
133	133	clerk, deputy, or employee to be named by the register of the
134	134	circuit court for his or her office.
135	135	(9)a. The chief of police, fire chief, chief financial
136	136	officer or director of finance, chief operating officer,
137	137	special assistant to the mayor, city attorney, director of the
138	138	office of city investigations, head of the department of
139	139	engineering and environmental services director of public
140	140	works, head of the inspection department, head of the planning
141	141	department, head of the communications department, director of
142	142	traffic engineering, head of the department of parks and
143	143	recreation, head of the building maintenance department, and
144	144	head of the sanitation department of any affected
145	145	municipality, and any private secretary, executive assistant,
146	146	or special assistant of any of the officers and employees
147	147	listed in this paragraph, all of whom shall be appointed and
148	148	serve at the pleasure of the mayor of the affected
149	149	municipality. In addition, all of the following shall be
150	150	appointed and serve at the pleasure of the mayor: Chief of
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180	180	staff, chief administrative officer, director of office of
181	181	violence prevention, director of emergency communications,
182	182	director of the emergency management agency, director of
183	183	economic development, director of community development,
184	184	director of neighborhood services, director of the zoo,
185	185	director of riverfront facilities and special services,
186	186	director of procurement, director of risk management, director
187	187	of grants department, director of street maintenance, director
188	188	of engineering and landfill, director of general services,
189	189	director of parking management, director of fleet management,
190	190	director of cultural affairs, director of city events, library
191	191	director, museum director, chief technology officer, and
192	192	senior policy advisor. Any individual appointed to a position
193	193	pursuant to this subdivision shall meet at least the minimum
194	194	qualifications for the position as shall be established by the
195	195	personnel board. Notwithstanding any other provisions of this
196	196	subpart, the compensation of individuals appointed pursuant to
197	197	this subdivision shall be set by the personnel board pursuant
198	198	to a pay and classification study.
199	199	b. If a an individual is removed by the mayor from any
200	200	of the positions listed in paragraph a. for any reason other
201	201	than for cause of willful neglect of duty, corruption in
202	202	office, incompetency, or malfeasance, and if that individual
203	203	was a member of the competitive or classified service of the
204	204	county and affected municipalities at the time of initial
205	205	appointment to that position by the mayor, that individual may
206	206	return to the competitive or classified service as if he or
207	207	she had never been appointed to or removed from the position
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237	237	by the mayor.
238	238	(b) Offices, positions, and employments not exempted
239	239	above shall constitute the competitive or classified service
240	240	of the county and affected municipalities. It is intended
241	241	hereby to include within the competitive or classified service
242	242	all offices, positions, and employments in each such county
243	243	and any such municipalities therein as these offices,
244	244	positions, and employment now exist, or as they may hereafter
245	245	exist, the holders of which are paid, whether by salaries,
246	246	wages, and fees, in whole or in part from funds of any such
247	247	county or municipality, or the holders of which receive their
248	248	compensation from any elected official and perform duties
249	249	pertaining to the office of such elected official or officer
250	250	except those hereinabove numerated in this section. It is also
251	251	intended hereby that the competitive or classified service
252	252	shall include all personnel of any public corporation, board,
253	253	committee, or commission, appointed or created by the
254	254	governing body of any such county or municipality whether the
255	255	salaries, wages, or compensation of such officers or employees
256	256	are paid directly by the county or municipality; provided,
257	257	however, the appointed members of any such public corporation,
258	258	board, committee, or commission shall not be included in the
259	259	competitive or classified service."
260	260	Section 2. This act shall become effective on the first
261	261	day of the third month following its passage and approval by
262	262	the Governor, or its otherwise becoming law.
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