16 | 18 | | Relating to Montgomery County and the City of |
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17 | 19 | | Montgomery; to authorize the establishment of a separate |
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18 | 20 | | personnel merit system and a separate human resources |
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19 | 21 | | department for the county and the city; to provide for |
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20 | 22 | | separate personnel appeals boards for each separate personnel |
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21 | 23 | | merit system; to provide for the transfer of existing |
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22 | 24 | | employees to the appropriate system; to provide for the |
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23 | 25 | | adoption of rules and procedures for each system; to provide |
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24 | 26 | | for the transfer of property and records; and to provide for |
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25 | 27 | | the repeal of Sections 45-51A-32.110 to 45-51A-32.127, |
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26 | 28 | | inclusive, Code of Alabama 1975, effective January 1, 2025. |
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27 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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28 | 30 | | Section 1. City Human Resource Department. |
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29 | 31 | | Effective January 1, 2025, the City of Montgomery, |
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30 | 32 | | pursuant to Sections 1 to 10, inclusive of this act, and upon |
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31 | 33 | | the approval of the city council by a recorded roll call vote |
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32 | 34 | | of the city council, may establish and administer its own |
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33 | 35 | | personnel merit system based on principles of human resources |
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34 | 36 | | management which shall include equity, fairness, and |
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35 | 37 | | compliance with all applicable state and federal laws. This |
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72 | 74 | | Section 2. Definitions. |
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73 | 75 | | The following words used in Sections 1 to 10, inclusive |
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74 | 76 | | of this act, have the following meanings: |
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75 | 77 | | (1) APPEALS BOARD. The personnel appeals board created |
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76 | 78 | | by the city council and whose members are elected by the city |
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77 | 79 | | council. |
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78 | 80 | | (2) CITY. The City of Montgomery. |
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79 | 81 | | (3) CITY COUNCIL. The City Council of the City of |
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80 | 82 | | Montgomery. |
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81 | 83 | | (4) DEPARTMENT. The human resources department, a |
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82 | 84 | | department of the city created to carry out all personnel and |
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83 | 85 | | related matters as designated by the city. |
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84 | 86 | | (5) EMPLOYEE. Any individual who works for the city in |
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85 | 87 | | a classified or unclassified position whose salary is paid |
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86 | 88 | | with funds paid by the city. |
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87 | 89 | | a. Unclassified Employee. An employee who serves at the |
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88 | 90 | | pleasure of the mayor and who is not a participant in the |
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89 | 91 | | merit based personnel system hereby established. The following |
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90 | 92 | | are unclassified employees: |
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91 | 93 | | 1. All unclassified employees of the city on January 1, |
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92 | 94 | | 2025. |
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93 | 95 | | 2. Volunteer personnel who receive no compensation from |
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130 | 132 | | 5. Temporary employees. |
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131 | 133 | | 6. Other persons designated by the city council who the |
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132 | 134 | | city council determines should report directly to the mayor. |
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133 | 135 | | b. Classified Employee. An employee who is assigned to |
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134 | 136 | | an ongoing position authorized by the city, whose salary is |
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135 | 137 | | paid with funds paid by the city, and who may become a |
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136 | 138 | | participant in the merit based personnel system hereby |
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137 | 139 | | established following an initial probationary period. |
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138 | 140 | | (6) MAYOR. The Mayor of the City of Montgomery. |
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139 | 141 | | (7) VACANCY. A position approved and funded by the city |
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140 | 142 | | which is currently unoccupied or is being filled by a |
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141 | 143 | | temporary employee. |
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142 | 144 | | Section 3. Principles. |
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143 | 145 | | (a) The City Council of the City of Montgomery shall |
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144 | 146 | | establish a merit based personnel system for classified |
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145 | 147 | | employees of the city. The department shall adopt rules and |
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146 | 148 | | procedures necessary to implement a merit based personnel |
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147 | 149 | | system based on the following principles: |
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148 | 150 | | (1) Recruiting, selecting, and advancing employees |
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149 | 151 | | based on their ability, knowledge, and skills, including the |
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150 | 152 | | open competition of qualified applicants for initial |
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151 | 153 | | appointment. |
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152 | | - | (2) Establishing pay rates consistent with the |
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153 | | - | principle of comparable pay for comparable jobs. |
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154 | | - | (3) Training employees, as needed, to assure quality |
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155 | | - | job performance. |
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156 | | - | (4) Retaining employees on the basis of city needs, |
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157 | | - | adequacy of performance, correcting inadequate performance |
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158 | | - | when possible, and separating employees whose continued |
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188 | 190 | | when possible, and separating employees whose continued |
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189 | 191 | | employment is not in the best interests of the city. |
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190 | 192 | | (5) Assuring fair treatment of applicants and employees |
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191 | 193 | | in all aspects of personnel administration without regard to |
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192 | 194 | | political affiliation, sex, race, color, religion, national |
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193 | 195 | | origin, disability, or age. |
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194 | 196 | | (6) Providing all classified employees who have been |
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195 | 197 | | disciplined or who have grievances, or both, a fair and |
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196 | 198 | | impartial hearing and a resolution of the disciplinary action |
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197 | 199 | | and grievances. |
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198 | 200 | | (b) All employees of the city on January 1, 2025, shall |
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199 | 201 | | remain employees of the city under the jurisdiction of the |
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200 | 202 | | merit based personnel system. |
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201 | 203 | | Section 4. Continuation of employment. |
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202 | 204 | | (a) All classified employment with the city is |
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203 | 205 | | contingent upon all of the following: |
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204 | 206 | | (1) Availability of funds. |
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205 | 207 | | (2) The city's need for work to be done. |
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206 | 208 | | (3) The employee's compliance with all rules, policies, |
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207 | 209 | | and procedures established in accordance with Sections 1 to 10 |
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208 | 210 | | of this act. |
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209 | 211 | | (4) Satisfactory job performance by the employee. |
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246 | 248 | | Section 5. Establishment of human resources department. |
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247 | 249 | | (a) The city council shall establish a human resources |
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248 | 250 | | department within the city. The city council shall adopt all |
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249 | 251 | | rules, policies, and procedures necessary for creation and |
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250 | 252 | | operation of the department. The department shall be under the |
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251 | 253 | | direction and supervision of the Director of the Human |
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252 | 254 | | Resources Department, who shall be appointed by the mayor as |
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253 | 255 | | an exempt employee of the city. The Director of Human |
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254 | 256 | | Resources shall appoint all employees of the department. |
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255 | 257 | | (b) The department shall assist the city council in the |
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256 | 258 | | creation and implementation of a personnel system. The |
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257 | 259 | | department shall carry out all activities assigned to it by |
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258 | 260 | | the city council. This shall include adopting all necessary |
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259 | 261 | | rules, policies, and procedures; overseeing benefits related |
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260 | 262 | | to employment; assisting department heads; assisting |
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261 | 263 | | employees; providing clerical and administrative assistance to |
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262 | 264 | | the personnel appeals board; and any other functions deemed |
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263 | 265 | | appropriate by the city council. |
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264 | 266 | | Section 6. Rules, policies, and procedures. |
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265 | 267 | | The rules, policies, and procedures necessary to |
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266 | 268 | | implement Sections 1 to 10 of this act shall be adopted by the |
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267 | 269 | | department and approved by the city council by December 1, |
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268 | | - | 2024. The rules, policies, and procedures adopted by the |
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269 | | - | department shall be based on the principle that all employees |
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270 | | - | and applicants shall receive fair and equitable treatment in |
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271 | | - | all aspects of personnel management without regard to |
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272 | | - | political affiliation, race, color, religion, national origin, |
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273 | | - | sex, age, disability, and with proper regard for privacy and |
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274 | | - | constitutional rights. |
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| 299 | + | department and approved by the city council by December 1, |
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| 300 | + | 2024. The rules, policies, and procedures adopted by the |
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| 301 | + | department shall be based on the principle that all employees |
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| 302 | + | and applicants shall receive fair and equitable treatment in |
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| 303 | + | all aspects of personnel management without regard to |
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| 304 | + | political affiliation, race, color, religion, national origin, |
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| 305 | + | sex, age, disability, and with proper regard for privacy and |
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304 | 306 | | constitutional rights. |
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305 | 307 | | Section 7. Personnel appeals board. |
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306 | 308 | | (a) The city council shall create a personnel appeals |
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307 | 309 | | board separate and apart from the department for the purpose |
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308 | 310 | | of hearing all appeals from final employee actions by the city |
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309 | 311 | | and as requested by the affected employee. The appeals board |
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310 | 312 | | shall consist of three members elected by vote of majority of |
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311 | 313 | | the city council at any regularly or specially scheduled city |
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312 | 314 | | council meeting. |
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313 | 315 | | (b) The appeals board members shall be residents of and |
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314 | 316 | | qualified voters of the City of Montgomery during their |
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315 | 317 | | tenure. A member may not be a city employee or board member or |
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316 | 318 | | a blood relative, as defined by the state Merit System, of a |
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317 | 319 | | city employee or the mayor or city council. |
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318 | 320 | | (c) Each appeals board member shall be appointed for a |
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319 | 321 | | three-year term, unless filling an unexpired term, and may be |
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320 | 322 | | reappointed. However, the first appointed members shall serve |
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321 | 323 | | staggered terms of three, two, and one years as determined by |
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322 | 324 | | the city council. |
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323 | 325 | | (d) The appeals board members shall elect a chair |
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324 | 326 | | annually by a majority vote. |
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325 | 327 | | (e) The appeals board shall meet at least quarterly and |
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362 | 364 | | Section 8. Employment. |
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363 | 365 | | All classified employees shall be hired from a |
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364 | 366 | | certified register of job applicants who meet the job related |
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365 | 367 | | qualifications as provided by the department. All personnel |
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366 | 368 | | activities shall be in accordance with the rules, policies, |
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367 | 369 | | and procedures enacted by the city council. |
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368 | 370 | | Section 9. Political activity. |
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369 | 371 | | (a) Any employee may participate in city political |
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370 | 372 | | activities to the same extent as authorized by state law. This |
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371 | 373 | | activity may include endorsing a candidate and contributing to |
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372 | 374 | | campaigns. Employees may join local political organizations |
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373 | 375 | | and state and national political parties. Employees may also |
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374 | 376 | | support issues of public welfare, circulate petitions, and |
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375 | 377 | | make contributions. |
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376 | 378 | | (b) No employee of the city shall use his or her |
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377 | 379 | | official position or authority to influence the vote or |
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378 | 380 | | political action of any person, nor shall any city funds, |
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379 | 381 | | property, or time be used for any political activity. No |
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380 | 382 | | employee of the city shall solicit political contributions or |
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381 | 383 | | solicit work in any capacity in a campaign from any individual |
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382 | 384 | | who is a subordinate employee. |
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383 | 385 | | Section 10. Transfer of records. |
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384 | | - | All existing records related to city employment of city |
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385 | | - | employees shall be transferred to the human resources |
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386 | | - | department. |
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387 | | - | Section 11. County Human Resource Department. |
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388 | | - | Effective January 1, 2025, the Montgomery County |
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389 | | - | Commission, pursuant to Sections 11 to 20, inclusive of this |
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390 | | - | act, shall establish and administer its own personnel merit |
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420 | 422 | | act, shall establish and administer its own personnel merit |
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421 | 423 | | system for county employees based on principles of human |
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422 | 424 | | resources management which shall include equity, fairness, and |
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423 | 425 | | compliance with all applicable state and federal laws. This |
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424 | 426 | | shall be a merit based personnel system that seeks to maintain |
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425 | 427 | | high quality employee conduct, integrity, and concern for the |
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426 | 428 | | public interest. These factors shall be the basis for all |
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427 | 429 | | personnel decisions whether made by the human resources |
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428 | 430 | | department, the county commission, or the personnel appeals |
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429 | 431 | | board. |
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430 | 432 | | Section 12. Definitions. |
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431 | 433 | | The following words as used in Sections 11 to 20, |
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432 | 434 | | inclusive of this act, have the following meanings: |
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433 | 435 | | (1) APPEALS BOARD. The personnel appeals board created |
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434 | 436 | | by the county commission and whose members are elected by the |
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435 | 437 | | county commission. |
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436 | 438 | | (2) COUNTY. Montgomery County. |
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437 | 439 | | (3) COUNTY COMMISSION. The Montgomery County |
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438 | 440 | | Commission. |
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439 | 441 | | (4) DEPARTMENT. The human resources department, a |
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440 | 442 | | department of the county created to carry out all personnel |
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441 | 443 | | and related matters as designated by the county commission. |
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478 | 480 | | county agency and who is not a participant in the merit based |
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479 | 481 | | personnel system hereby established. The following are |
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480 | 482 | | unclassified employees: |
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481 | 483 | | 1. All unclassified employees of the county on January |
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482 | 484 | | 1, 2025, in the employment of the county, a county officer, or |
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483 | 485 | | a county agency. |
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484 | 486 | | 2. Volunteer personnel who receive no compensation from |
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485 | 487 | | the county. |
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486 | 488 | | 3. Persons performing work under contract with the |
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487 | 489 | | county and not carried on the payroll as employees. |
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488 | 490 | | 4. Persons whose employment is subject to the approval |
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489 | 491 | | of the United States Government, the City or County of |
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490 | 492 | | Montgomery, or the State of Alabama. |
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491 | 493 | | 5. Temporary employees. |
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492 | 494 | | 6. Other persons designated by the county commission |
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493 | 495 | | who meet the intent of this section. |
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494 | 496 | | b. Classified Employee. An employee who is assigned to |
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495 | 497 | | an ongoing position authorized by a county officer or the |
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496 | 498 | | county commission, whose salary is paid with funds paid by the |
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497 | 499 | | county, and who may become a participant in the merit based |
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498 | 500 | | personnel system established pursuant to this act following an |
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499 | 501 | | initial probationary period. |
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536 | 538 | | county. The department shall adopt rules, policies, and |
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537 | 539 | | procedures necessary to implement a merit based personnel |
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538 | 540 | | system based on the following principles: |
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539 | 541 | | (1) Recruiting, selecting, and advancing employees |
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540 | 542 | | based on their ability, knowledge, and skills, including the |
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541 | 543 | | open competition of qualified applicants for initial |
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542 | 544 | | appointment. |
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543 | 545 | | (2) Establishing pay rates consistent with the |
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544 | 546 | | principle of comparable pay for comparable jobs. |
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545 | 547 | | (3) Training employees, as needed, to assure quality |
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546 | 548 | | job performance. |
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547 | 549 | | (4) Retaining employees on the basis of county needs, |
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548 | 550 | | adequacy of performance, correcting inadequate performance |
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549 | 551 | | when possible, and separating employees whose continued |
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550 | 552 | | employment is not in the best interests of the county. |
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551 | 553 | | (5) Assuring fair treatment of applicants and employees |
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552 | 554 | | in all aspects of personnel administration without regard to |
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553 | 555 | | political affiliation, sex, race, color, religion, national |
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554 | 556 | | origin, disability, or age. |
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555 | 557 | | (6) Providing all classified employees who have been |
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556 | 558 | | disciplined or who have grievances, or both, a fair and |
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557 | 559 | | impartial hearing and a resolution of the disciplinary action |
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594 | 596 | | contingent upon all of the following: |
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595 | 597 | | (1) Availability of funds. |
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596 | 598 | | (2) The need for work to be done by the county or a |
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597 | 599 | | county officer. |
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598 | 600 | | (3) The employee's compliance with all rules, policies, |
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599 | 601 | | and procedures established in accordance with Sections 11 to |
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600 | 602 | | 20 of this act. |
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601 | 603 | | (4) Satisfactory job performance by the employee. |
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602 | 604 | | (b) All classified employees who have successfully |
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603 | 605 | | completed a probationary period shall not be separated from |
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604 | 606 | | county employment without a hearing before the appeals board |
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605 | 607 | | pursuant to the rules and procedures adopted by the department |
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606 | 608 | | if the employee requests a hearing. |
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607 | 609 | | Section 15. Establishment of human resources |
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608 | 610 | | department. |
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609 | 611 | | (a) The county commission shall establish a human |
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610 | 612 | | resources department within the county. The county commission |
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611 | 613 | | shall adopt all rules, policies, and procedures necessary for |
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612 | 614 | | creation and operation of the department. |
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613 | 615 | | (b) The department shall assist the county commission |
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614 | 616 | | in the creation and implementation of a personnel system. The |
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615 | 617 | | department shall carry out all activities assigned to it by |
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616 | | - | the county commission. This shall include adopting all |
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617 | | - | necessary rules, policies, and procedures; overseeing benefits |
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618 | | - | related to employment; assisting department heads; assisting |
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619 | | - | employees; providing clerical and administrative assistance to |
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620 | | - | the personnel appeals board; and any other functions deemed |
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621 | | - | appropriate by the county commission. |
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622 | | - | Section 16. Rules, policies, and procedures. |
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652 | 654 | | Section 16. Rules, policies, and procedures. |
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653 | 655 | | The rules, policies, and procedures necessary to |
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654 | 656 | | implement the county personnel system shall be adopted by the |
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655 | 657 | | department and approved by the county commission by December |
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656 | 658 | | 1, 2024. The rules, policies, and procedures adopted and |
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657 | 659 | | approved by the county commission shall be based on the |
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658 | 660 | | principle that all employees and applicants shall receive fair |
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659 | 661 | | and equitable treatment in all aspects of personnel management |
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660 | 662 | | without regard to political affiliation, race, color, |
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661 | 663 | | religion, national origin, sex, age, disability, and with |
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662 | 664 | | proper regard for privacy and constitutional rights. |
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663 | 665 | | Section 17. Personnel appeals board. |
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664 | 666 | | (a) The county commission shall create a personnel |
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665 | 667 | | appeals board separate and apart from the county commission |
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666 | 668 | | for the purpose of hearing all appeals from final employee |
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667 | 669 | | actions by the county and as requested by the affected |
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668 | 670 | | employee. The appeals board shall consist of three members |
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669 | 671 | | elected by vote of majority of the county commission at any |
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670 | 672 | | regularly or specially scheduled county commission meeting. |
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671 | 673 | | (b) The appeals board members shall be residents of and |
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672 | 674 | | qualified voters of Montgomery County during their tenure. A |
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673 | 675 | | member may not be a county employee or board member or a blood |
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| 705 | + | member may not be a county employee or board member or a blood |
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| 706 | + | relative, as defined by the state Merit System, of a county |
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| 707 | + | employee. |
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| 708 | + | (c) Each appeals board member shall be appointed for a |
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| 709 | + | three-year term, unless filling an unexpired term, and may be |
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| 710 | + | reappointed. However, the first appointed members shall serve |
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| 711 | + | staggered terms of three, two, and one years as determined by |
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710 | 712 | | the county commission. |
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711 | 713 | | (d) The appeals board members shall elect a chair |
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712 | 714 | | annually by a majority vote. |
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713 | 715 | | (e) The appeals board shall meet at least quarterly and |
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714 | 716 | | at such other times as determined by the chair. |
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715 | 717 | | (f) The county commission shall determine the |
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716 | 718 | | compensation of the appeals board members and shall also |
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717 | 719 | | provide the board with office space and support staff as |
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718 | 720 | | reasonably necessary. |
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719 | 721 | | (g) The county commission shall adopt the necessary |
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720 | 722 | | rules, policies, and procedures for the operation of the |
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721 | 723 | | appeals board. |
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722 | 724 | | Section 18. Employment. |
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723 | 725 | | All classified employees shall be hired from a |
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724 | 726 | | certified register of job applicants who meet the job related |
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725 | 727 | | qualifications as provided by the department. All personnel |
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726 | 728 | | activities shall be in accordance with the rules, policies, |
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727 | 729 | | and procedures enacted by the county commission. |
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728 | 730 | | Section 19. Political activity. |
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729 | 731 | | (a) Any employee may participate in county political |
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730 | 732 | | activities to the same extent as authorized by state law. This |
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731 | 733 | | activity may include endorsing a candidate and contributing to |
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768 | 770 | | political action of any person, nor shall any county funds, |
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769 | 771 | | property, or time be used for any political activity. No |
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770 | 772 | | employee of the county shall solicit political contributions |
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771 | 773 | | or solicit work in any capacity in a campaign from any person |
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772 | 774 | | who is a subordinate employee. |
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773 | 775 | | Section 20. Transfer of records. |
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774 | 776 | | All existing records related to employment of all |
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775 | 777 | | county employees shall be transferred to the human resources |
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776 | 778 | | department. |
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777 | 779 | | Section 21. Effective January 1, 2025, or as to the |
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778 | 780 | | City of Montgomery upon approval of the city council, Sections |
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779 | 781 | | 45-51A-32.110 to Section 45-51A-32.127 of the Code of Alabama |
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780 | 782 | | 1975, inclusive (Subpart 5 of Part 3 of Article 3 of Chapter |
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781 | 783 | | 51A of Title 45), establishing the Montgomery City/County |
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782 | 784 | | Personnel Department and Personnel Board for Montgomery County |
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783 | 785 | | and the City of Montgomery, are repealed. All property of the |
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784 | 786 | | Montgomery City/County Personnel Board and Personnel |
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785 | 787 | | Department shall be transferred to the Montgomery County Human |
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786 | 788 | | Resources Department established by Sections 11 through 20. |
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787 | 789 | | All records relating to any employee of the City of Montgomery |
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788 | 790 | | shall be transferred to the City of Montgomery Personnel |
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789 | 791 | | Department. All records relating to any employee of Montgomery |
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