HB288ENROLLED
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HB288
D4XKHHT-2
By Representative Hassell (N & P)
RFD: Montgomery County Legislation
First Read: 05-Mar-24
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First Read: 05-Mar-24
Enrolled, 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, Code of Alabama 1975,
establishing a countywide personnel system; to provide that
certain municipal 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 elected officer of the county
or municipality is changed to that of an appointive appointed
officer, then at the expiration of the term of office of any
such the officer, the individual holding the office at the
time of the expiration of the term, providing that he or she
the officer 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 appointed boards,
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(2) Members of appointive appointed 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, other than personnel employed in
kindergartens or in 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, other than 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 the law remains
effective.
(7) One private secretary or executive assistant of a
member of the governing body of such the municipality, the
bailiff appointed by each judge of the circuit court, and two
clerks to be designated by each county elective elected
official and also the register of the circuit court except the
member of the board of revenue; and any employee receiving his
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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 staff, chief administrative officer
(formerly executive assistant to the Mayor), executive
assistant to the Mayor (formerly private secretary), chief of
police, fire chief, chief financial officer or director of
finance, chief technology officer, chief operating officer,
director of human resources, senior policy adviser, special
assistant to the mayor, city attorney, director of economic
development, director of the office of city investigations
inspector general , head of the department of engineering and
environmental services, director of public works, head of the
inspection department, director of planning, permitting and
inspections, director of cultural affairs, head of the
planning department, head of the communications department,
director of traffic engineering, municipal court
administrator, director of office of violence prevention,
director of parks and recreation, head of the director of
street maintenance department, and head director 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. Any individual
appointed to a position pursuant to this subdivision shall
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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
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 the
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 or fees, in whole or in part from funds of any such
the county or municipality, or the holders of which receive
their compensation from any elected official and perform
duties pertaining to the office of such the elected official
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duties pertaining to the office of such the 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 the public
corporation, board, committee, or commission shall not be
included in the competitive or classified service."
Section 2. This act shall become effective October 1,
2024.
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2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 21-Mar-24.
John Treadwell
Clerk
Senate 02-May-24 Passed
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