Alabama 2024 Regular Session

Alabama House Bill HB287 Compare Versions

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55 By Representative Hassell (N & P)
66 RFD: Montgomery County Legislation
77 First Read: 05-Mar-24
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12-5 HB287 Enrolled
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1414 First Read: 05-Mar-24
15-Enrolled, An Act,
15+A BILL
16+TO BE ENTITLED
17+AN ACT
1618 Relating to Montgomery County and the City of
1719 Montgomery; to authorize the establishment of a separate
1820 personnel merit system and a separate human resources
1921 department for the county and the city; to provide for
2022 separate personnel appeals boards for each separate personnel
2123 merit system; to provide for the transfer of existing
2224 employees to the appropriate system; to provide for the
2325 adoption of rules and procedures for each system; to provide
2426 for the transfer of property and records; and to provide for
2527 the repeal of Sections 45-51A-32.110 to 45-51A-32.127,
2628 inclusive, Code of Alabama 1975, effective January 1, 2025.
2729 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2830 Section 1. City Human Resource Department.
2931 Effective January 1, 2025, the City of Montgomery,
3032 pursuant to Sections 1 to 10, inclusive of this act, and upon
3133 the approval of the city council by a recorded roll call vote
3234 of the city council, may establish and administer its own
3335 personnel merit system based on principles of human resources
3436 management which shall include equity, fairness, and
3537 compliance with all applicable state and federal laws. This
36-shall be a merit based personnel system that seeks to maintain
37-high quality employee conduct, integrity, and concern for the
38-public interest. These factors shall be the basis for all
39-personnel decisions whether made by the human resources
40-department, the city, or the personnel appeals board for the
41-city.
42-Section 2. Definitions.
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67+compliance with all applicable state and federal laws. This
68+shall be a merit based personnel system that seeks to maintain
69+high quality employee conduct, integrity, and concern for the
70+public interest. These factors shall be the basis for all
71+personnel decisions whether made by the human resources
72+department, the city, or the personnel appeals board for the
73+city.
7274 Section 2. Definitions.
7375 The following words used in Sections 1 to 10, inclusive
7476 of this act, have the following meanings:
7577 (1) APPEALS BOARD. The personnel appeals board created
7678 by the city council and whose members are elected by the city
7779 council.
7880 (2) CITY. The City of Montgomery.
7981 (3) CITY COUNCIL. The City Council of the City of
8082 Montgomery.
8183 (4) DEPARTMENT. The human resources department, a
8284 department of the city created to carry out all personnel and
8385 related matters as designated by the city.
8486 (5) EMPLOYEE. Any individual who works for the city in
8587 a classified or unclassified position whose salary is paid
8688 with funds paid by the city.
8789 a. Unclassified Employee. An employee who serves at the
8890 pleasure of the mayor and who is not a participant in the
8991 merit based personnel system hereby established. The following
9092 are unclassified employees:
9193 1. All unclassified employees of the city on January 1,
9294 2025.
9395 2. Volunteer personnel who receive no compensation from
94-the city.
95-3. Persons performing work under contract with the city
96-and not carried on the payroll as employees.
97-4. Persons whose employment is subject to the approval
98-of the United States Government, the City or County of
99-Montgomery, or the State of Alabama.
100-5. Temporary employees.
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125+2. Volunteer personnel who receive no compensation from
126+the city.
127+3. Persons performing work under contract with the city
128+and not carried on the payroll as employees.
129+4. Persons whose employment is subject to the approval
130+of the United States Government, the City or County of
131+Montgomery, or the State of Alabama.
130132 5. Temporary employees.
131133 6. Other persons designated by the city council who the
132134 city council determines should report directly to the mayor.
133135 b. Classified Employee. An employee who is assigned to
134136 an ongoing position authorized by the city, whose salary is
135137 paid with funds paid by the city, and who may become a
136138 participant in the merit based personnel system hereby
137139 established following an initial probationary period.
138140 (6) MAYOR. The Mayor of the City of Montgomery.
139141 (7) VACANCY. A position approved and funded by the city
140142 which is currently unoccupied or is being filled by a
141143 temporary employee.
142144 Section 3. Principles.
143145 (a) The City Council of the City of Montgomery shall
144146 establish a merit based personnel system for classified
145147 employees of the city. The department shall adopt rules and
146148 procedures necessary to implement a merit based personnel
147149 system based on the following principles:
148150 (1) Recruiting, selecting, and advancing employees
149151 based on their ability, knowledge, and skills, including the
150152 open competition of qualified applicants for initial
151153 appointment.
152-(2) Establishing pay rates consistent with the
153-principle of comparable pay for comparable jobs.
154-(3) Training employees, as needed, to assure quality
155-job performance.
156-(4) Retaining employees on the basis of city needs,
157-adequacy of performance, correcting inadequate performance
158-when possible, and separating employees whose continued
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183+appointment.
184+(2) Establishing pay rates consistent with the
185+principle of comparable pay for comparable jobs.
186+(3) Training employees, as needed, to assure quality
187+job performance.
188+(4) Retaining employees on the basis of city needs,
189+adequacy of performance, correcting inadequate performance
188190 when possible, and separating employees whose continued
189191 employment is not in the best interests of the city.
190192 (5) Assuring fair treatment of applicants and employees
191193 in all aspects of personnel administration without regard to
192194 political affiliation, sex, race, color, religion, national
193195 origin, disability, or age.
194196 (6) Providing all classified employees who have been
195197 disciplined or who have grievances, or both, a fair and
196198 impartial hearing and a resolution of the disciplinary action
197199 and grievances.
198200 (b) All employees of the city on January 1, 2025, shall
199201 remain employees of the city under the jurisdiction of the
200202 merit based personnel system.
201203 Section 4. Continuation of employment.
202204 (a) All classified employment with the city is
203205 contingent upon all of the following:
204206 (1) Availability of funds.
205207 (2) The city's need for work to be done.
206208 (3) The employee's compliance with all rules, policies,
207209 and procedures established in accordance with Sections 1 to 10
208210 of this act.
209211 (4) Satisfactory job performance by the employee.
210-(b) All classified employees who have successfully
211-completed a probationary period shall not be separated from
212-city employment without a hearing before the appeals board
213-established in Section 7 of this act pursuant to the rules and
214-procedures adopted by the department if the employee requests
215-a hearing.
216-Section 5. Establishment of human resources department.
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241+(4) Satisfactory job performance by the employee.
242+(b) All classified employees who have successfully
243+completed a probationary period shall not be separated from
244+city employment without a hearing before the appeals board
245+established in Section 7 of this act pursuant to the rules and
246+procedures adopted by the department if the employee requests
247+a hearing.
246248 Section 5. Establishment of human resources department.
247249 (a) The city council shall establish a human resources
248250 department within the city. The city council shall adopt all
249251 rules, policies, and procedures necessary for creation and
250252 operation of the department. The department shall be under the
251253 direction and supervision of the Director of the Human
252254 Resources Department, who shall be appointed by the mayor as
253255 an exempt employee of the city. The Director of Human
254256 Resources shall appoint all employees of the department.
255257 (b) The department shall assist the city council in the
256258 creation and implementation of a personnel system. The
257259 department shall carry out all activities assigned to it by
258260 the city council. This shall include adopting all necessary
259261 rules, policies, and procedures; overseeing benefits related
260262 to employment; assisting department heads; assisting
261263 employees; providing clerical and administrative assistance to
262264 the personnel appeals board; and any other functions deemed
263265 appropriate by the city council.
264266 Section 6. Rules, policies, and procedures.
265267 The rules, policies, and procedures necessary to
266268 implement Sections 1 to 10 of this act shall be adopted by the
267269 department and approved by the city council by December 1,
268-2024. The rules, policies, and procedures adopted by the
269-department shall be based on the principle that all employees
270-and applicants shall receive fair and equitable treatment in
271-all aspects of personnel management without regard to
272-political affiliation, race, color, religion, national origin,
273-sex, age, disability, and with proper regard for privacy and
274-constitutional rights.
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299+department and approved by the city council by December 1,
300+2024. The rules, policies, and procedures adopted by the
301+department shall be based on the principle that all employees
302+and applicants shall receive fair and equitable treatment in
303+all aspects of personnel management without regard to
304+political affiliation, race, color, religion, national origin,
305+sex, age, disability, and with proper regard for privacy and
304306 constitutional rights.
305307 Section 7. Personnel appeals board.
306308 (a) The city council shall create a personnel appeals
307309 board separate and apart from the department for the purpose
308310 of hearing all appeals from final employee actions by the city
309311 and as requested by the affected employee. The appeals board
310312 shall consist of three members elected by vote of majority of
311313 the city council at any regularly or specially scheduled city
312314 council meeting.
313315 (b) The appeals board members shall be residents of and
314316 qualified voters of the City of Montgomery during their
315317 tenure. A member may not be a city employee or board member or
316318 a blood relative, as defined by the state Merit System, of a
317319 city employee or the mayor or city council.
318320 (c) Each appeals board member shall be appointed for a
319321 three-year term, unless filling an unexpired term, and may be
320322 reappointed. However, the first appointed members shall serve
321323 staggered terms of three, two, and one years as determined by
322324 the city council.
323325 (d) The appeals board members shall elect a chair
324326 annually by a majority vote.
325327 (e) The appeals board shall meet at least quarterly and
326-at such other times as determined by the chair.
327-(f) The city council shall determine the compensation
328-of the appeals board members and shall also provide the board
329-with office space and support staff as reasonably necessary.
330-(g) The city council shall adopt the necessary rules
331-and procedures for the operation of the appeals board.
332-Section 8. Employment.
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357+(e) The appeals board shall meet at least quarterly and
358+at such other times as determined by the chair.
359+(f) The city council shall determine the compensation
360+of the appeals board members and shall also provide the board
361+with office space and support staff as reasonably necessary.
362+(g) The city council shall adopt the necessary rules
363+and procedures for the operation of the appeals board.
362364 Section 8. Employment.
363365 All classified employees shall be hired from a
364366 certified register of job applicants who meet the job related
365367 qualifications as provided by the department. All personnel
366368 activities shall be in accordance with the rules, policies,
367369 and procedures enacted by the city council.
368370 Section 9. Political activity.
369371 (a) Any employee may participate in city political
370372 activities to the same extent as authorized by state law. This
371373 activity may include endorsing a candidate and contributing to
372374 campaigns. Employees may join local political organizations
373375 and state and national political parties. Employees may also
374376 support issues of public welfare, circulate petitions, and
375377 make contributions.
376378 (b) No employee of the city shall use his or her
377379 official position or authority to influence the vote or
378380 political action of any person, nor shall any city funds,
379381 property, or time be used for any political activity. No
380382 employee of the city shall solicit political contributions or
381383 solicit work in any capacity in a campaign from any individual
382384 who is a subordinate employee.
383385 Section 10. Transfer of records.
384-All existing records related to city employment of city
385-employees shall be transferred to the human resources
386-department.
387-Section 11. County Human Resource Department.
388-Effective January 1, 2025, the Montgomery County
389-Commission, pursuant to Sections 11 to 20, inclusive of this
390-act, shall establish and administer its own personnel merit
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415+Section 10. Transfer of records.
416+All existing records related to city employment of city
417+employees shall be transferred to the human resources
418+department.
419+Section 11. County Human Resource Department.
420+Effective January 1, 2025, the Montgomery County
421+Commission, pursuant to Sections 11 to 20, inclusive of this
420422 act, shall establish and administer its own personnel merit
421423 system for county employees based on principles of human
422424 resources management which shall include equity, fairness, and
423425 compliance with all applicable state and federal laws. This
424426 shall be a merit based personnel system that seeks to maintain
425427 high quality employee conduct, integrity, and concern for the
426428 public interest. These factors shall be the basis for all
427429 personnel decisions whether made by the human resources
428430 department, the county commission, or the personnel appeals
429431 board.
430432 Section 12. Definitions.
431433 The following words as used in Sections 11 to 20,
432434 inclusive of this act, have the following meanings:
433435 (1) APPEALS BOARD. The personnel appeals board created
434436 by the county commission and whose members are elected by the
435437 county commission.
436438 (2) COUNTY. Montgomery County.
437439 (3) COUNTY COMMISSION. The Montgomery County
438440 Commission.
439441 (4) DEPARTMENT. The human resources department, a
440442 department of the county created to carry out all personnel
441443 and related matters as designated by the county commission.
442-(5) EMPLOYEE. Any individual who works for the county,
443-a county officer, or a county agency in a classified or
444-unclassified position whose salary is paid with funds paid by
445-the county.
446-a. Unclassified Employee. An employee who serves at the
447-pleasure of the county commission, a county officer, or a
448-county agency and who is not a participant in the merit based
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473+and related matters as designated by the county commission.
474+(5) EMPLOYEE. Any individual who works for the county,
475+a county officer, or a county agency in a classified or
476+unclassified position whose salary is paid with funds paid by
477+the county.
478+a. Unclassified Employee. An employee who serves at the
479+pleasure of the county commission, a county officer, or a
478480 county agency and who is not a participant in the merit based
479481 personnel system hereby established. The following are
480482 unclassified employees:
481483 1. All unclassified employees of the county on January
482484 1, 2025, in the employment of the county, a county officer, or
483485 a county agency.
484486 2. Volunteer personnel who receive no compensation from
485487 the county.
486488 3. Persons performing work under contract with the
487489 county and not carried on the payroll as employees.
488490 4. Persons whose employment is subject to the approval
489491 of the United States Government, the City or County of
490492 Montgomery, or the State of Alabama.
491493 5. Temporary employees.
492494 6. Other persons designated by the county commission
493495 who meet the intent of this section.
494496 b. Classified Employee. An employee who is assigned to
495497 an ongoing position authorized by a county officer or the
496498 county commission, whose salary is paid with funds paid by the
497499 county, and who may become a participant in the merit based
498500 personnel system established pursuant to this act following an
499501 initial probationary period.
500-(6) VACANCY. A position approved and funded by the
501-county that is currently unoccupied or is being filled by a
502-temporary employee.
503-Section 13. Principles.
504-(a) The Montgomery County Commission shall establish a
505-merit based personnel system for classified employees of the
506-county. The department shall adopt rules, policies, and
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531+initial probationary period.
532+(6) VACANCY. A position approved and funded by the
533+county that is currently unoccupied or is being filled by a
534+temporary employee.
535+Section 13. Principles.
536+(a) The Montgomery County Commission shall establish a
537+merit based personnel system for classified employees of the
536538 county. The department shall adopt rules, policies, and
537539 procedures necessary to implement a merit based personnel
538540 system based on the following principles:
539541 (1) Recruiting, selecting, and advancing employees
540542 based on their ability, knowledge, and skills, including the
541543 open competition of qualified applicants for initial
542544 appointment.
543545 (2) Establishing pay rates consistent with the
544546 principle of comparable pay for comparable jobs.
545547 (3) Training employees, as needed, to assure quality
546548 job performance.
547549 (4) Retaining employees on the basis of county needs,
548550 adequacy of performance, correcting inadequate performance
549551 when possible, and separating employees whose continued
550552 employment is not in the best interests of the county.
551553 (5) Assuring fair treatment of applicants and employees
552554 in all aspects of personnel administration without regard to
553555 political affiliation, sex, race, color, religion, national
554556 origin, disability, or age.
555557 (6) Providing all classified employees who have been
556558 disciplined or who have grievances, or both, a fair and
557559 impartial hearing and a resolution of the disciplinary action
558-and grievances.
559-(b) All employees of the county on January 1, 2025,
560-shall remain employees of the county under the jurisdiction of
561-the merit based personnel system.
562-Section 14. Continuation of employment.
563-(a) All classified employment with the county is
564-contingent upon all of the following:
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589+impartial hearing and a resolution of the disciplinary action
590+and grievances.
591+(b) All employees of the county on January 1, 2025,
592+shall remain employees of the county under the jurisdiction of
593+the merit based personnel system.
594+Section 14. Continuation of employment.
595+(a) All classified employment with the county is
594596 contingent upon all of the following:
595597 (1) Availability of funds.
596598 (2) The need for work to be done by the county or a
597599 county officer.
598600 (3) The employee's compliance with all rules, policies,
599601 and procedures established in accordance with Sections 11 to
600602 20 of this act.
601603 (4) Satisfactory job performance by the employee.
602604 (b) All classified employees who have successfully
603605 completed a probationary period shall not be separated from
604606 county employment without a hearing before the appeals board
605607 pursuant to the rules and procedures adopted by the department
606608 if the employee requests a hearing.
607609 Section 15. Establishment of human resources
608610 department.
609611 (a) The county commission shall establish a human
610612 resources department within the county. The county commission
611613 shall adopt all rules, policies, and procedures necessary for
612614 creation and operation of the department.
613615 (b) The department shall assist the county commission
614616 in the creation and implementation of a personnel system. The
615617 department shall carry out all activities assigned to it by
616-the county commission. This shall include adopting all
617-necessary rules, policies, and procedures; overseeing benefits
618-related to employment; assisting department heads; assisting
619-employees; providing clerical and administrative assistance to
620-the personnel appeals board; and any other functions deemed
621-appropriate by the county commission.
622-Section 16. Rules, policies, and procedures.
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647+department shall carry out all activities assigned to it by
648+the county commission. This shall include adopting all
649+necessary rules, policies, and procedures; overseeing benefits
650+related to employment; assisting department heads; assisting
651+employees; providing clerical and administrative assistance to
652+the personnel appeals board; and any other functions deemed
653+appropriate by the county commission.
652654 Section 16. Rules, policies, and procedures.
653655 The rules, policies, and procedures necessary to
654656 implement the county personnel system shall be adopted by the
655657 department and approved by the county commission by December
656658 1, 2024. The rules, policies, and procedures adopted and
657659 approved by the county commission shall be based on the
658660 principle that all employees and applicants shall receive fair
659661 and equitable treatment in all aspects of personnel management
660662 without regard to political affiliation, race, color,
661663 religion, national origin, sex, age, disability, and with
662664 proper regard for privacy and constitutional rights.
663665 Section 17. Personnel appeals board.
664666 (a) The county commission shall create a personnel
665667 appeals board separate and apart from the county commission
666668 for the purpose of hearing all appeals from final employee
667669 actions by the county and as requested by the affected
668670 employee. The appeals board shall consist of three members
669671 elected by vote of majority of the county commission at any
670672 regularly or specially scheduled county commission meeting.
671673 (b) The appeals board members shall be residents of and
672674 qualified voters of Montgomery County during their tenure. A
673675 member may not be a county employee or board member or a blood
674-relative, as defined by the state Merit System, of a county
675-employee.
676-(c) Each appeals board member shall be appointed for a
677-three-year term, unless filling an unexpired term, and may be
678-reappointed. However, the first appointed members shall serve
679-staggered terms of three, two, and one years as determined by
680-the county commission.
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705+member may not be a county employee or board member or a blood
706+relative, as defined by the state Merit System, of a county
707+employee.
708+(c) Each appeals board member shall be appointed for a
709+three-year term, unless filling an unexpired term, and may be
710+reappointed. However, the first appointed members shall serve
711+staggered terms of three, two, and one years as determined by
710712 the county commission.
711713 (d) The appeals board members shall elect a chair
712714 annually by a majority vote.
713715 (e) The appeals board shall meet at least quarterly and
714716 at such other times as determined by the chair.
715717 (f) The county commission shall determine the
716718 compensation of the appeals board members and shall also
717719 provide the board with office space and support staff as
718720 reasonably necessary.
719721 (g) The county commission shall adopt the necessary
720722 rules, policies, and procedures for the operation of the
721723 appeals board.
722724 Section 18. Employment.
723725 All classified employees shall be hired from a
724726 certified register of job applicants who meet the job related
725727 qualifications as provided by the department. All personnel
726728 activities shall be in accordance with the rules, policies,
727729 and procedures enacted by the county commission.
728730 Section 19. Political activity.
729731 (a) Any employee may participate in county political
730732 activities to the same extent as authorized by state law. This
731733 activity may include endorsing a candidate and contributing to
732-campaigns. Employees may join local political organizations
733-and state and national political parties. Employees may also
734-support issues of public welfare, circulate petitions, and
735-make contributions.
736-(b) No employee of the county shall use his or her
737-official position or authority to influence the vote or
738-political action of any person, nor shall any county funds,
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766-364 HB287 Enrolled
761+364 HB287 Engrossed
767762 Page 14
763+activity may include endorsing a candidate and contributing to
764+campaigns. Employees may join local political organizations
765+and state and national political parties. Employees may also
766+support issues of public welfare, circulate petitions, and
767+make contributions.
768+(b) No employee of the county shall use his or her
769+official position or authority to influence the vote or
768770 political action of any person, nor shall any county funds,
769771 property, or time be used for any political activity. No
770772 employee of the county shall solicit political contributions
771773 or solicit work in any capacity in a campaign from any person
772774 who is a subordinate employee.
773775 Section 20. Transfer of records.
774776 All existing records related to employment of all
775777 county employees shall be transferred to the human resources
776778 department.
777779 Section 21. Effective January 1, 2025, or as to the
778780 City of Montgomery upon approval of the city council, Sections
779781 45-51A-32.110 to Section 45-51A-32.127 of the Code of Alabama
780782 1975, inclusive (Subpart 5 of Part 3 of Article 3 of Chapter
781783 51A of Title 45), establishing the Montgomery City/County
782784 Personnel Department and Personnel Board for Montgomery County
783785 and the City of Montgomery, are repealed. All property of the
784786 Montgomery City/County Personnel Board and Personnel
785787 Department shall be transferred to the Montgomery County Human
786788 Resources Department established by Sections 11 through 20.
787789 All records relating to any employee of the City of Montgomery
788790 shall be transferred to the City of Montgomery Personnel
789791 Department. All records relating to any employee of Montgomery
790-County shall be retained by the Montgomery County Human
791-Resources Department.
792-Section 22. This act shall become effective January 1,
793-2025.
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819-Page 15
820-2025.
821-________________________________________________
822-Speaker of the House of Representatives
823-________________________________________________
824-President and Presiding Officer of the Senate
825-House of Representatives
826-I hereby certify that the within Act originated in and
827-was passed by the House 21-Mar-24, as amended.
828-John Treadwell
829-Clerk
830-Senate 02-May-24 Passed
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819+392 HB287 Engrossed
820+Page 15
821+Department. All records relating to any employee of Montgomery
822+County shall be retained by the Montgomery County Human
823+Resources Department.
824+Section 22. This act shall become effective January 1,
825+2025.
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830+Page 16
831+2025.
832+House of Representatives
833+Read for the first time and referred
834+to the House of Representatives
835+committee on Montgomery County
836+Legislation
837+................05-Mar-24
838+Read for the second time and placed
839+on the calendar:
840+ 1 amendment
841+................19-Mar-24
842+Read for the third time and passed
843+as amended
844+Yeas 7
845+Nays 0
846+Abstains 87
847+................21-Mar-24
848+John Treadwell
849+Clerk
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