Alabama 2024 Regular Session

Alabama House Bill HB97 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB97ENROLLED~~
	1	+	HB97INTRODUCED
2	2		Page 0
3	3		HB97
4		-	7UH6V2-2
	4	+	7UH6V2-1
5	5		By Representative Paschal (N & P)
6	6		RFD: Shelby County Legislation
7	7		First Read: 06-Feb-24
8	8		PFD: 05-Feb-24
9	9		1
10	10		2
11	11		3
12	12		4
13	13		5
14		-	6 ~~HB97 Enrolled~~
	14	+	6 7UH6V2-1 01/10/2024 JC (L)tgw 2023-2931
15	15		Page 1
16	16		PFD: 05-Feb-24
17		-	Enrolled, An Act,
	17	+	A BILL
	18	+	TO BE ENTITLED
	19	+	AN ACT
18	20		Relating to the City of Pelham in Shelby County; to
19	21		repeal Act 89-189 of the 1989 Regular Session (Acts 1989, p.
20	22		186) as amended by Act 2001-906 of the 2001 3rd Special
21	23		Session (Acts 2001, p. 748), and as amended and reenacted by
22	24		Act 2015-419 of the 2015 Regular Session (Acts 2015, p. 1263);
23	25		and to establish a new civil service system that provides for
24	26		a personnel board, human resources director, employee
25	27		classification and pay, employment, retention, and
26	28		disciplinary process, and for employee appeals.
27	29		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28	30		Section 1. This act shall apply only to the City of
29	31		Pelham and shall be known as The City of Pelham Civil Service
30	32		System Act.
31	33		Section 2. The purpose of this act is to promote
32	34		greater efficiency and economy in the administration of the
33	35		government of the City of Pelham by accomplishing both of the
34	36		following:
35	37		(1) Attract to the service of the City of Pelham
36	38		qualified individuals of character and ability by providing
37	39		for their equal treatment and equal opportunity without regard
38		-	to race, national origin, ancestry, religion, political
39		-	affiliation, or other non-merit factors.
40		-	(2) Establish a means to recruit, select, develop, and
41		-	maintain an effective and responsible workforce based upon
42		-	merit principles by providing policies and procedures for
43		-	hiring and advancement, training and career development, job
44		-	classification, salary administration, fringe benefits,
45	40		1
46	41		2
47	42		3
48	43		4
49	44		5
50	45		6
51	46		7
52	47		8
53	48		9
54	49		10
55	50		11
56	51		12
57	52		13
58	53		14
59	54		15
60	55		16
61	56		17
62	57		18
63	58		19
64	59		20
65	60		21
66	61		22
67	62		23
68	63		24
69	64		25
70	65		26
71	66		27
72		-	28 HB97 ~~Enrolled~~
	67	+	28 HB97 INTRODUCED
73	68		Page 2
	69	+	for their equal treatment and equal opportunity without regard
	70	+	to race, national origin, ancestry, religion, political
	71	+	affiliation, or other non-merit factors.
	72	+	(2) Establish a means to recruit, select, develop, and
	73	+	maintain an effective and responsible workforce based upon
	74	+	merit principles by providing policies and procedures for
	75	+	hiring and advancement, training and career development, job
74	76		classification, salary administration, fringe benefits,
75	77		retirement, discipline, and discharge.
76	78		Section 3. For the purposes of this act, the following
77	79		terms have the following meanings:
78	80		(1) APPOINT. To hire to a regular classified position
79	81		with the city.
80	82		(2) APPOINTING AUTHORITY. The mayor, city council, city
81	83		manager, or any department head of the city authorized to make
82	84		appointments to the regular classified service due to his or
83	85		her supervisory capacity.
84	86		(3) BOARD. The City of Pelham Personnel Board.
85	87		(4) CERTIFICATION. The submission of eligible names
86	88		from a promotion list or a register to an appointing authority
87	89		for the purpose of filling a position in the regular
88	90		classified service.
89	91		(5) CITY. The City of Pelham, Alabama.
90	92		(6) CITY MANAGER. The executive administrator appointed
91	93		pursuant to Section 11-43-20, Code of Alabama 1975, who
92	94		oversees the day-to-day operations of the city's departments
93	95		as the administrative head of the municipal government.
94	96		(7) CLASS. A group of positions in the regular
95	97		classified service sufficiently similar in duties,
96		-	responsibilities, and authority, such that the same
97		-	descriptive title may be used to identify all positions
98		-	allocated to the class, the positions encompassing similar
99		-	requirements as to education, experience, skill, knowledge,
100		-	proficiency, and ability, with the same tests of fitness to
101		-	choose qualified employees, and within a defined pay grade.
102		-	(8) CLASSIFICATION. The assignment of a position to the
103	98		29
104	99		30
105	100		31
106	101		32
107	102		33
108	103		34
109	104		35
110	105		36
111	106		37
112	107		38
113	108		39
114	109		40
115	110		41
116	111		42
117	112		43
118	113		44
119	114		45
120	115		46
121	116		47
122	117		48
123	118		49
124	119		50
125	120		51
126	121		52
127	122		53
128	123		54
129	124		55
130		-	56 HB97 ~~Enrolled~~
	125	+	56 HB97 INTRODUCED
131	126		Page 3
	127	+	classified service sufficiently similar in duties,
	128	+	responsibilities, and authority, such that the same
	129	+	descriptive title may be used to identify all positions
	130	+	allocated to the class, the positions encompassing similar
	131	+	requirements as to education, experience, skill, knowledge,
	132	+	proficiency, and ability, with the same tests of fitness to
	133	+	choose qualified employees, and within a defined pay grade.
132	134		(8) CLASSIFICATION. The assignment of a position to the
133	135		appropriate class in accordance with its required duties and
134	136		authority.
135	137		(9) CLASSIFIED SERVICE. An employment position that
136	138		exists in the city that is included in the compensation plan
137	139		approved by the City Council.
138	140		(10) COUNCIL. The Pelham City Council.
139	141		(11) DEMOTION. Any disciplinary or other action which
140	142		reduces the pay grade or pay step of a non-exempt employee in
141	143		the regular classified service.
142	144		(12) DIRECTOR. The Human Resources Director.
143	145		(13) ELIGIBLE CANDIDATE. An individual whose name is on
144	146		an employment list, a promotion list, or an eligible register.
145	147		(14) ELIGIBLE REGISTER. A record containing the names
146	148		of those individuals who have applied for public safety
147	149		positions and successfully completed prescribed tests, listed
148	150		and ranked in order of their final earned average from the
149	151		highest to the lowest, and are qualified for appointment to
150	152		positions in the class for which the test was held.
151	153		(15) MAYOR. The Mayor of the City of Pelham.
152	154		(16) OPEN-COMPETITIVE. The process of seeking qualified
153	155		candidates for a regular classified position from any
154		-	qualified individual including taking applications from the
155		-	general public and other employees in the regular classified
156		-	service.
157		-	(17) PAY GRADE. The specific pay range set forth in the
158		-	compensation plan for a classification.
159		-	(18) PAY STEP. The specific pay rate within a pay range
160		-	as set forth in the compensation plan.
161	156		57
162	157		58
163	158		59
164	159		60
165	160		61
166	161		62
167	162		63
168	163		64
169	164		65
170	165		66
171	166		67
172	167		68
173	168		69
174	169		70
175	170		71
176	171		72
177	172		73
178	173		74
179	174		75
180	175		76
181	176		77
182	177		78
183	178		79
184	179		80
185	180		81
186	181		82
187	182		83
188		-	84 HB97 ~~Enrolled~~
	183	+	84 HB97 INTRODUCED
189	184		Page 4
	185	+	candidates for a regular classified position from any
	186	+	qualified individual including taking applications from the
	187	+	general public and other employees in the regular classified
	188	+	service.
	189	+	(17) PAY GRADE. The specific pay range set forth in the
	190	+	compensation plan for a classification.
	191	+	(18) PAY STEP. The specific pay rate within a pay range
190	192		as set forth in the compensation plan.
191	193		(19) POLICY or RULE. Policies or rules adopted by the
192	194		city which are considered necessary to develop a comprehensive
193	195		civil service system to implement this act. No policy or rule
194	196		shall change or modify the intent of this act.
195	197		(20) POSITION. Any job or set of duties in the regular
196	198		classified service requiring the full-time employment of one
197	199		person in the performance and exercise thereof.
198	200		(21) PROBATIONARY EMPLOYEE. An employee appointed to a
199	201		regular classified position from an employment list, promotion
200	202		list, or eligible register who has not completed his or her
201	203		probationary period.
202	204		(22) PROMOTION. An advancement from one class to
203	205		another class with increased duties or responsibilities for
204	206		which a higher rate of pay is prescribed.
205	207		(23) PUBLIC RECORDS. A record that the public has the
206	208		right to inspect in a reasonable manner.
207	209		(24) REGULAR CLASSIFIED POSITION. Any position in the
208	210		regular classified service.
209	211		(25) REGULAR EMPLOYEE. An employee who is appointed
210	212		under this act to a regular classified position and who has
211	213		completed his or her probationary period.
212		-	(26) SPECIFICATIONS. A formal statement descriptive of
213		-	a position that shall contain the title and class of the
214		-	position, a description of the duties of the position, and the
215		-	minimum qualifications required of applicants as to education,
216		-	experience, physical ability, and other attributes.
217		-	(27) TEMPORARY POSITION. Any employment position in the
218		-	city which is not a regular classified position but which
219	214		85
220	215		86
221	216		87
222	217		88
223	218		89
224	219		90
225	220		91
226	221		92
227	222		93
228	223		94
229	224		95
230	225		96
231	226		97
232	227		98
233	228		99
234	229		100
235	230		101
236	231		102
237	232		103
238	233		104
239	234		105
240	235		106
241	236		107
242	237		108
243	238		109
244	239		110
245	240		111
246		-	112 HB97 ~~Enrolled~~
	241	+	112 HB97 INTRODUCED
247	242		Page 5
	243	+	completed his or her probationary period.
	244	+	(26) SPECIFICATIONS. A formal statement descriptive of
	245	+	a position that shall contain the title and class of the
	246	+	position, a description of the duties of the position, and the
	247	+	minimum qualifications required of applicants as to education,
	248	+	experience, physical ability, and other attributes.
	249	+	(27) TEMPORARY POSITION. Any employment position in the
248	250		city which is not a regular classified position but which
249	251		requires or is likely to require the services for a set period
250	252		of time.
251	253		(28) TEST. A written or oral examination, or
252	254		combination thereof, or other means established to assess the
253	255		qualifications of an applicant for a position.
254	256		(29) TITLE. The term used to designate all employment
255	257		by class and pay grade that generally describes the duties of
256	258		the position.
257	259		Section 4. (a)(1) The City of Pelham Personnel Board is
258	260		established. The personnel board shall have three members, who
259	261		shall be selected as follows:
260	262		a. One member shall be elected by the regular
261	263		classified service employees to serve the initial term, under
262	264		this act, of four years.
263	265		b. One member shall be appointed jointly by the mayor
264	266		and the council to serve the initial term, under this act, of
265	267		three years.
266	268		c. One member shall be appointed jointly by the members
267	269		provided for in paragraphs a. and b. to serve the initial
268	270		term, under this act, of two years.
269	271		(2) After the initial term, each member shall be
270		-	elected or appointed as provided in subdivision (1), and each
271		-	shall serve for a term of four years.
272		-	(3) Any vacancy in membership shall be filled for the
273		-	unexpired term in the manner provided for the member in
274		-	subdivision (1).
275		-	(b) An individual shall meet all of the following
276		-	qualifications on the date of the individual's election or
277	272		113
278	273		114
279	274		115
280	275		116
281	276		117
282	277		118
283	278		119
284	279		120
285	280		121
286	281		122
287	282		123
288	283		124
289	284		125
290	285		126
291	286		127
292	287		128
293	288		129
294	289		130
295	290		131
296	291		132
297	292		133
298	293		134
299	294		135
300	295		136
301	296		137
302	297		138
303	298		139
304		-	140 HB97 ~~Enrolled~~
	299	+	140 HB97 INTRODUCED
305	300		Page 6
	301	+	(2) After the initial term, each member shall be
	302	+	elected or appointed as provided in subdivision (1), and each
	303	+	shall serve for a term of four years.
	304	+	(3) Any vacancy in membership shall be filled for the
	305	+	unexpired term in the manner provided for the member in
	306	+	subdivision (1).
	307	+	(b) An individual shall meet all of the following
306	308		qualifications on the date of the individual's election or
307	309		appointment to the board:
308	310		(1) Be a qualified elector of the city.
309	311		(2) Not have been a city employee within the preceding
310	312		three years, and if the individual has been a city employee,
311	313		the individual shall have been in good standing at the time he
312	314		or she was separated from city employment.
313	315		(3) Not have been a candidate for or held public office
314	316		within the preceding three years.
315	317		(4) Not have held a position with any political party
316	318		within the preceding three years.
317	319		(c) The board shall meet in regular session at least
318	320		semiannually and at other times as necessary to transact the
319	321		business of the board, which shall include the following
320	322		duties:
321	323		(1) Adopt the rules and policies necessary to carry out
322	324		its duties under this act.
323	325		(2) Hear and render decisions in disciplinary appeals
324	326		and related matters as set forth in this act.
325	327		(3) Transact any other business within the purview of
326	328		the board and within the intent of this act.
327		-	Section 5. (a) The mayor or city manager shall appoint
328		-	a human resources director. The director shall be experienced
329		-	in the field of personnel administration and shall administer
330		-	an efficient and economical merit system and carry out the
331		-	rules and policies established by the mayor, city manager,
332		-	council, or the board.
333		-	(b) In addition to the responsibilities set forth
334	329		141
335	330		142
336	331		143
337	332		144
338	333		145
339	334		146
340	335		147
341	336		148
342	337		149
343	338		150
344	339		151
345	340		152
346	341		153
347	342		154
348	343		155
349	344		156
350	345		157
351	346		158
352	347		159
353	348		160
354	349		161
355	350		162
356	351		163
357	352		164
358	353		165
359	354		166
360	355		167
361		-	168 HB97 ~~Enrolled~~
	356	+	168 HB97 INTRODUCED
362	357		Page 7
	358	+	Section 5. (a) The mayor or city manager shall appoint
	359	+	a human resources director. The director shall be experienced
	360	+	in the field of personnel administration and shall administer
	361	+	an efficient and economical merit system and carry out the
	362	+	rules and policies established by the mayor, city manager,
	363	+	council, or the board.
363	364		(b) In addition to the responsibilities set forth
364	365		elsewhere in this act, the director's duties shall include the
365	366		following:
366	367		(1) Serve as secretary to the board.
367	368		(2) Prepare for approval of the board any rules or
368	369		policies needed to implement board action under this act.
369	370		(3) Become familiar with the organization, operation,
370	371		and personnel requirements of each city department and make
371	372		recommendations for the department's efficient, economical,
372	373		and equitable operation.
373	374		(4) Maintain an official inventory of all positions,
374	375		including their specifications and pay grades.
375	376		(5) Promote and assist in the establishment of programs
376	377		for general employee pension, welfare, health, and career
377	378		development.
378	379		(6) Maintain all employee and retiree files complete
379	380		with all tax and benefit elections of the employee, resumes,
380	381		disciplinary actions, responses, applications, and copies of
381	382		certifications and training classes relevant to the class or
382	383		position of the employee or required by the city for continued
383	384		employment.
384	385		(7) Counsel employees on their rights under this act
385		-	and city policy.
386		-	(8) In connection with the investigations, hearings, or
387		-	inquiries of the board, administer oaths, issue subpoenas,
388		-	require the attendance of witnesses, and compel the production
389		-	of records, documents, and papers pertaining to the subject
390		-	under consideration.
391		-	Section 6. (a) On the effective date of this act, all
392	386		169
393	387		170
394	388		171
395	389		172
396	390		173
397	391		174
398	392		175
399	393		176
400	394		177
401	395		178
402	396		179
403	397		180
404	398		181
405	399		182
406	400		183
407	401		184
408	402		185
409	403		186
410	404		187
411	405		188
412	406		189
413	407		190
414	408		191
415	409		192
416	410		193
417	411		194
418	412		195
419		-	196 HB97 ~~Enrolled~~
	413	+	196 HB97 INTRODUCED
420	414		Page 8
	415	+	(7) Counsel employees on their rights under this act
	416	+	and city policy.
	417	+	(8) In connection with the investigations, hearings, or
	418	+	inquiries of the board, administer oaths, issue subpoenas,
	419	+	require the attendance of witnesses, and compel the production
	420	+	of records, documents, and papers pertaining to the subject
	421	+	under consideration.
421	422		Section 6. (a) On the effective date of this act, all
422	423		employees holding regular full-time positions in the service
423	424		of the city shall continue in their regular status in the
424	425		classified service, unless the position to which they are
425	426		appointed or elected is otherwise exempted by this act.
426	427		(b) The service shall be divided into two categories,
427	428		as follows:
428	429		(1) A regular service comprised of all employees
429	430		holding regular classified full-time positions. Employees
430	431		occupying these positions shall be in the classified service
431	432		unless specifically exempted from the service under this act.
432	433		(2)a. The exempt service, which shall include the
433	434		following:
434	435		1. Part-time employees, including part-time members of
435	436		different city boards.
436	437		2. Any official elected pursuant to Chapter 43 of Title
437	438		11, Code of Alabama 1975, including the city treasurer, city
438	439		clerk, city clerk-treasurer, police chief, and fire chief.
439	440		3. Any other individual elected or appointed to a
440	441		statutory position provided for under Chapter 43 of Title 11,
441	442		Code of Alabama 1975, including any city manager; provided,
442	443		nothing herein shall require the appointment of a city
443		-	manager.
444		-	4. Any judge, city attorney, and city prosecutor.
445		-	5. The administrative assistant to the mayor.
446		-	6. Individuals serving in long-term positions whose pay
447		-	is funded at least partially by state or federal grant.
448		-	7. Professionals, including attorneys, physicians,
449		-	accountants, and consultants who donate their services to the
450	444		197
451	445		198
452	446		199
453	447		200
454	448		201
455	449		202
456	450		203
457	451		204
458	452		205
459	453		206
460	454		207
461	455		208
462	456		209
463	457		210
464	458		211
465	459		212
466	460		213
467	461		214
468	462		215
469	463		216
470	464		217
471	465		218
472	466		219
473	467		220
474	468		221
475	469		222
476	470		223
477		-	224 HB97 ~~Enrolled~~
	471	+	224 HB97 INTRODUCED
478	472		Page 9
	473	+	nothing herein shall require the appointment of a city
	474	+	manager.
	475	+	4. Any judge, city attorney, and city prosecutor.
	476	+	5. The administrative assistant to the mayor.
	477	+	6. Individuals serving in long-term positions whose pay
	478	+	is funded at least partially by state or federal grant.
	479	+	7. Professionals, including attorneys, physicians,
479	480		accountants, and consultants who donate their services to the
480	481		city on a part-time or temporary basis or are retained as
481	482		independent contractors.
482	483		8. Seasonal and temporary employees.
483	484		b. Individuals appointed to fill exempt positions are
484	485		employees at-will.
485	486		Section 7. (a) Public records are those records as
486	487		defined in Section 41-13-1, Code of Alabama 1975. The records
487	488		may be reviewed in a manner prescribed by the city, taking
488	489		into account confidentiality, convenience, and related
489	490		factors.
490	491		(b) Minutes of board meetings and financial records
491	492		shall be retained permanently. Applications and examination
492	493		papers of a candidate shall be retained for as long as the
493	494		candidate is carried on the appropriate promotion list or
494	495		eligible register.
495	496		Section 8. (a)(1) The classification plan shall provide
496	497		a complete inventory of all employee positions in the service
497	498		of the city and include an accurate description and
498	499		specifications for each class of work, and all other employee
499	500		positions in the city for which salary and benefits are set
500	501		out by the city, with the exception of the city council,
501		-	mayor, and city manager. The plan shall standardize titles so
502		-	that each is indicative of a definite range of duties and
503		-	responsibilities and has the same meaning throughout the
504		-	service and shall show whether the position is deemed a
505		-	regular position or exempt position.
506		-	(2) The classification plan shall consist of:
507		-	a. A grouping of positions into classes that are
508	502		225
509	503		226
510	504		227
511	505		228
512	506		229
513	507		230
514	508		231
515	509		232
516	510		233
517	511		234
518	512		235
519	513		236
520	514		237
521	515		238
522	516		239
523	517		240
524	518		241
525	519		242
526	520		243
527	521		244
528	522		245
529	523		246
530	524		247
531	525		248
532	526		249
533	527		250
534	528		251
535		-	252 HB97 ~~Enrolled~~
	529	+	252 HB97 INTRODUCED
536	530		Page 10
	531	+	out by the city, with the exception of the city council,
	532	+	mayor, and city manager. The plan shall standardize titles so
	533	+	that each is indicative of a definite range of duties and
	534	+	responsibilities and has the same meaning throughout the
	535	+	service and shall show whether the position is deemed a
	536	+	regular position or exempt position.
	537	+	(2) The classification plan shall consist of:
537	538		a. A grouping of positions into classes that are
538	539		approximately alike in required qualifications, tasks, duties,
539	540		and working conditions and, based on these factors, can be
540	541		equitably compensated within the same range of pay under
541	542		similar working conditions.
542	543		b. Class titles that are descriptive of the work of the
543	544		class and identify the class. These class titles shall be used
544	545		in all personnel, accounting, budget, and related records. No
545	546		person shall be appointed to or employed in a position in the
546	547		classified service under a title not included in the
547	548		classification plan. Working titles may be used in the course
548	549		of departmental routine to indicate authority, status in the
549	550		organization, or administrative rank.
550	551		c. Job descriptions for each position shall first be
551	552		recommended by the mayor or city manager, or their designee,
552	553		and then adopted by the council by resolution in their
553	554		discretion. The written specifications for each position shall
554	555		consist of the following items:
555	556		1. A job title that is descriptive and consistent in
556	557		terminology with other titles in the plan.
557	558		2. A brief description of the work required by the job
558	559		with examples of typical tasks or duties performed.
559		-	3. A list of formal qualifications including education,
560		-	certification, and previous employment experience.
561		-	4. A list of required knowledge, skills, and physical
562		-	fitness required to perform the job.
563		-	5. The class in which the job is allotted, its
564		-	departmental supervisory level, and its pay grade.
565		-	d. Specifications shall be interpreted in their
566	560		253
567	561		254
568	562		255
569	563		256
570	564		257
571	565		258
572	566		259
573	567		260
574	568		261
575	569		262
576	570		263
577	571		264
578	572		265
579	573		266
580	574		267
581	575		268
582	576		269
583	577		270
584	578		271
585	579		272
586	580		273
587	581		274
588	582		275
589	583		276
590	584		277
591	585		278
592	586		279
593		-	280 HB97 ~~Enrolled~~
	587	+	280 HB97 INTRODUCED
594	588		Page 11
	589	+	with examples of typical tasks or duties performed.
	590	+	3. A list of formal qualifications including education,
	591	+	certification, and previous employment experience.
	592	+	4. A list of required knowledge, skills, and physical
	593	+	fitness required to perform the job.
	594	+	5. The class in which the job is allotted, its
	595	+	departmental supervisory level, and its pay grade.
595	596		d. Specifications shall be interpreted in their
596	597		entirety and in relation to others in the classification plan.
597	598		Particular phrases or examples shall not be isolated and
598	599		treated as a full definition of the class. Specifications
599	600		shall be descriptive and explanatory of the kind of work
600	601		performed and may not necessarily be inclusive of all duties
601	602		performed.
602	603		(3) An allocation list showing the class title of each
603	604		position in the regular service as identified by the name of
604	605		the occupant.
605	606		(b) The classification plan shall be used for the
606	607		following purposes:
607	608		(1) As a guide in recruiting and examining candidates
608	609		for employment.
609	610		(2) For determining lines of promotion.
610	611		(3) For determining salaries to be paid for various
611	612		types of work based on wage surveys and job analyses.
612	613		(4) For determining personnel items in departmental
613	614		budgets.
614	615		(5) For providing uniform job terminology
615	616		understandable to all city officials and employees and the
616	617		general public.
617		-	(c)(1) The director shall prepare or direct the
618		-	preparation of the classification plan as needed from time to
619		-	time. When the plan is completed and adopted by the council,
620		-	the director shall submit to each department head a copy of
621		-	the class specifications for each position class and a list
622		-	allocating the positions in the jurisdiction to the tentative
623		-	position classes. The department head shall notify employees
624	618		281
625	619		282
626	620		283
627	621		284
628	622		285
629	623		286
630	624		287
631	625		288
632	626		289
633	627		290
634	628		291
635	629		292
636	630		293
637	631		294
638	632		295
639	633		296
640	634		297
641	635		298
642	636		299
643	637		300
644	638		301
645	639		302
646	640		303
647	641		304
648	642		305
649	643		306
650	644		307
651		-	308 HB97 ~~Enrolled~~
	645	+	308 HB97 INTRODUCED
652	646		Page 12
	647	+	general public.
	648	+	(c)(1) The director shall prepare or direct the
	649	+	preparation of the classification plan as needed from time to
	650	+	time. When the plan is completed and adopted by the council,
	651	+	the director shall submit to each department head a copy of
	652	+	the class specifications for each position class and a list
	653	+	allocating the positions in the jurisdiction to the tentative
653	654		position classes. The department head shall notify employees
654	655		about the allocation of their respective positions. A copy of
655	656		the class specification and individual allocation shall be
656	657		made available to the employee or his or her representative on
657	658		request.
658	659		(2) The director's responsibilities regarding the plan
659	660		shall include the following:
660	661		a. Distribute the plan to each department head, with an
661	662		explanation of the class allocation of each position in the
662	663		department.
663	664		b. Make the plan available upon request to any employee
664	665		or member of the public.
665	666		c. Review the duties of each new regular position to be
666	667		established and allocate the position to a class.
667	668		d. In consultation with the mayor, city manager,
668	669		department heads, and supervisors, review any position to
669	670		determine if changes in duties that are more than temporary
670	671		would warrant reclassification of the position to a different
671	672		class that is equal, higher, or lower in terms of
672	673		responsibility and pay grade.
673	674		e. Maintain the classification plan so that it will
674	675		reflect the duties performed by each employee in the
675		-	classified service and the class to which each position is
676		-	allocated by doing the following:
677		-	1. Recommend to the mayor or city manager and city
678		-	council the establishment of new position classes and the
679		-	deletion or revision of existing classes.
680		-	2. Review the duties and responsibilities of each new
681		-	position established and allocate the position to the
682	676		309
683	677		310
684	678		311
685	679		312
686	680		313
687	681		314
688	682		315
689	683		316
690	684		317
691	685		318
692	686		319
693	687		320
694	688		321
695	689		322
696	690		323
697	691		324
698	692		325
699	693		326
700	694		327
701	695		328
702	696		329
703	697		330
704	698		331
705	699		332
706	700		333
707	701		334
708	702		335
709		-	336 HB97 ~~Enrolled~~
	703	+	336 HB97 INTRODUCED
710	704		Page 13
	705	+	reflect the duties performed by each employee in the
	706	+	classified service and the class to which each position is
	707	+	allocated by doing the following:
	708	+	1. Recommend to the mayor or city manager and city
	709	+	council the establishment of new position classes and the
	710	+	deletion or revision of existing classes.
	711	+	2. Review the duties and responsibilities of each new
711	712		position established and allocate the position to the
712	713		appropriate position class.
713	714		3. Make periodic studies of positions to determine
714	715		changes in duties and responsibilities and, based on findings,
715	716		recommend reallocation or reclassification of positions.
716	717		Classification studies may be made at the request of the
717	718		mayor, city manager, or city council. Changes in duty
718	719		assignments must be more than temporary in nature, and the
719	720		current employee must be performing the duties for a
720	721		sufficient duration to warrant investigation.
721	722		4. Direct the grading and classifying of all positions
722	723		in the classified service at least once every five years.
723	724		(d)(1) When a position is reallocated to a higher
724	725		position class, a lower position class, or another position
725	726		class at the same level, the method of filling the position
726	727		shall be determined under this act regarding transfers,
727	728		demotions, or promotions as may be appropriate.
728	729		(2) The mayor or city manager may recommend to the city
729	730		council the elimination of, or modification to, approved job
730	731		descriptions and positions in the classification plan together
731	732		with any pay grade recommendations associated with the
732	733		position. Upon approval by the council of the proposed
733		-	changes, any non-exempt regular employee currently serving in
734		-	a position being eliminated or modified, in which the
735		-	elimination or modification results in the non-exempt
736		-	employee's termination or demotion, shall have all rights of
737		-	appeal afforded employees solely as to the question of whether
738		-	the elimination or modification was arbitrary and capricious.
739		-	Section 9. (a)(1) The mayor or city manager, in
740	734		337
741	735		338
742	736		339
743	737		340
744	738		341
745	739		342
746	740		343
747	741		344
748	742		345
749	743		346
750	744		347
751	745		348
752	746		349
753	747		350
754	748		351
755	749		352
756	750		353
757	751		354
758	752		355
759	753		356
760	754		357
761	755		358
762	756		359
763	757		360
764	758		361
765	759		362
766	760		363
767		-	364 HB97 ~~Enrolled~~
	761	+	364 HB97 INTRODUCED
768	762		Page 14
	763	+	position. Upon approval by the council of the proposed
	764	+	changes, any non-exempt regular employee currently serving in
	765	+	a position being eliminated or modified, in which the
	766	+	elimination or modification results in the non-exempt
	767	+	employee's termination or demotion, shall have all rights of
	768	+	appeal afforded employees solely as to the question of whether
	769	+	the elimination or modification was arbitrary and capricious.
769	770		Section 9. (a)(1) The mayor or city manager, in
770	771		consultation with the director and department heads, shall
771	772		adopt rules, policies, and procedures for employees and
772	773		compile them in an employee handbook that shall be amended
773	774		from time to time. All such rules, policies, and procedures
774	775		will be effective immediately upon adoption by the mayor or
775	776		city manager in consultation with the human resources director
776	777		and department heads.
777	778		(2) The employee handbook, and any amendments thereto,
778	779		shall be periodically reviewed by the council, which, by
779	780		resolution, may direct reissue of an updated edition.
780	781		(3) All rules, policies, and procedures shall be
781	782		consistent with any state or federal law that governs the
782	783		subject.
783	784		(4) At a minimum, the employee handbook shall contain
784	785		rules, policies, and procedures covering the following
785	786		subjects:
786	787		a. Accrual and use of sick leave. However, sick leave
787	788		of any employee in the regular service already accrued as of
788	789		the date of the adoption of this act shall in no wise be
789	790		diminished.
790	791		b. Accrual and use of personal leave or vacation time.
791		-	However, vacation time of any employee in the regular service
792		-	already accrued as of the date of the adoption of this act
793		-	shall in no wise be diminished.
794		-	c. Compensation, including accurate time-keeping,
795		-	payroll calculation, and overtime pay.
796		-	d. Military leave of absence, including leave for
797		-	National Guard and Reserve service.
798	792		365
799	793		366
800	794		367
801	795		368
802	796		369
803	797		370
804	798		371
805	799		372
806	800		373
807	801		374
808	802		375
809	803		376
810	804		377
811	805		378
812	806		379
813	807		380
814	808		381
815	809		382
816	810		383
817	811		384
818	812		385
819	813		386
820	814		387
821	815		388
822	816		389
823	817		390
824	818		391
825		-	392 HB97 ~~Enrolled~~
	819	+	392 HB97 INTRODUCED
826	820		Page 15
	821	+	b. Accrual and use of personal leave or vacation time.
	822	+	However, vacation time of any employee in the regular service
	823	+	already accrued as of the date of the adoption of this act
	824	+	shall in no wise be diminished.
	825	+	c. Compensation, including accurate time-keeping,
	826	+	payroll calculation, and overtime pay.
	827	+	d. Military leave of absence, including leave for
827	828		National Guard and Reserve service.
828	829		e. Jury duty or other court attendance.
829	830		f. Unpaid leaves of absence, including leave under the
830	831		Family and Medical Leave Act, and any other unpaid leave
831	832		mandated by law.
832	833		g. Holding other employment and outside work and
833	834		conflicts of interest related thereto.
834	835		h. Probationary status.
835	836		i. Promotion and open-competitive position posting,
836	837		applicant testing, eligibility determination, and register
837	838		ranking.
838	839		j. Handling grievances between employees that do not
839	840		rise to the disciplinary level.
840	841		k. Acts, omissions, or conduct that subject employees
841	842		to discipline, reporting infractions, disciplinary measures up
842	843		to termination, and appeals.
843	844		l. Employee performance reviews.
844	845		m. Reduction in force and reinstatement.
845	846		n. Resignation and retirement.
846	847		o. Benefits, including qualifying for medical coverage,
847	848		post-separation continuation of coverage, and retirement.
848	849		(b) The employee handbook shall indicate which rights
849		-	of employees and benefits do not apply or apply only in part
850		-	to probationary employees and employees and roles in the
851		-	exempt service.
852		-	(c) Each employee shall follow the rules, regulations,
853		-	codes of conduct, policies, and procedures set out by the
854		-	city, the infraction of which the city may impose disciplinary
855		-	action.
856	850		393
857	851		394
858	852		395
859	853		396
860	854		397
861	855		398
862	856		399
863	857		400
864	858		401
865	859		402
866	860		403
867	861		404
868	862		405
869	863		406
870	864		407
871	865		408
872	866		409
873	867		410
874	868		411
875	869		412
876	870		413
877	871		414
878	872		415
879	873		416
880	874		417
881	875		418
882	876		419
883		-	420 HB97 ~~Enrolled~~
	877	+	420 HB97 INTRODUCED
884	878		Page 16
	879	+	(b) The employee handbook shall indicate which rights
	880	+	of employees and benefits do not apply or apply only in part
	881	+	to probationary employees and employees and roles in the
	882	+	exempt service.
	883	+	(c) Each employee shall follow the rules, regulations,
	884	+	codes of conduct, policies, and procedures set out by the
	885	+	city, the infraction of which the city may impose disciplinary
885	886		action.
886	887		(d) Any department, in consultation with the mayor or
887	888		city manager and the director, may institute standard
888	889		operating procedures necessary to the work of that department
889	890		which govern the department's personnel and are not
890	891		inconsistent with the rules, policies, and procedures in the
891	892		employee handbook.
892	893		Section 10. (a) The city council, in consultation with
893	894		the director, mayor, or city manager, and other city personnel
894	895		it deems necessary, shall adopt by resolution a compensation
895	896		plan as the basis of compensation for employees in the service
896	897		of the city.
897	898		(1) The plan shall be constructed to provide fair
898	899		compensation for all classes in the classification plan and
899	900		exempt positions, taking into account the following factors:
900	901		a. Varying degrees of difficulty and responsibility in
901	902		work between classes.
902	903		b. Prevailing rates of pay and benefits for similar
903	904		employment in the area, in both the private sector and for
904	905		other municipalities.
905	906		c. The recruiting experience for each class.
906	907		d. The city's financial condition.
907		-	(2) The compensation plan shall contain the following
908		-	provisions:
909		-	a. Guidance for implementing and administering the
910		-	plan.
911		-	b. A pay grade for each class in the classification
912		-	plan, containing the minimum, maximum, and intermediate pay
913		-	steps within the class grade.
914	908		421
915	909		422
916	910		423
917	911		424
918	912		425
919	913		426
920	914		427
921	915		428
922	916		429
923	917		430
924	918		431
925	919		432
926	920		433
927	921		434
928	922		435
929	923		436
930	924		437
931	925		438
932	926		439
933	927		440
934	928		441
935	929		442
936	930		443
937	931		444
938	932		445
939	933		446
940	934		447
941		-	448 HB97 ~~Enrolled~~
	935	+	448 HB97 INTRODUCED
942	936		Page 17
	937	+	d. The city's financial condition.
	938	+	(2) The compensation plan shall contain the following
	939	+	provisions:
	940	+	a. Guidance for implementing and administering the
	941	+	plan.
	942	+	b. A pay grade for each class in the classification
	943	+	plan, containing the minimum, maximum, and intermediate pay
943	944		steps within the class grade.
944	945		c. The time period measured for pay, indicating the
945	946		number of weekly hours or any other appropriate measure for
946	947		the class grade.
947	948		(b) Upon final adoption by the council, the plan shall
948	949		be certified by the director and disseminated to all
949	950		department heads and made available to all employees. The plan
950	951		shall go into effect 30 days after its adoption by the
951	952		council.
952	953		(c) The compensation plan shall be amended by one of
953	954		the following procedures:
954	955		(1) When the mayor and the council by resolution add a
955	956		new position to the classification plan and fix the salary
956	957		grade, the job description shall assign the position to the
957	958		appropriate pay grade.
958	959		(2) In the case of a proposed cost-of-living or other
959	960		compensation plan amendment that has been previously approved
960	961		in the council's annual budget, the council's approval of said
961	962		amendment in the annual budget shall obviate the need for a
962	963		separate resolution approving said amendment.
963	964		(d)(1) Each employee in the classified service shall be
964	965		paid at a rate set forth in the compensation plan for the
965		-	classification in which he or she serves.
966		-	(2) A new appointee to the regular classified service
967		-	shall normally be paid the minimum pay step within the pay
968		-	grade for the class in which the position falls, unless in the
969		-	discretion of the hiring authority and the director,
970		-	circumstances, skills, or experience dictate a higher pay
971		-	step.
972	966		449
973	967		450
974	968		451
975	969		452
976	970		453
977	971		454
978	972		455
979	973		456
980	974		457
981	975		458
982	976		459
983	977		460
984	978		461
985	979		462
986	980		463
987	981		464
988	982		465
989	983		466
990	984		467
991	985		468
992	986		469
993	987		470
994	988		471
995	989		472
996	990		473
997	991		474
998	992		475
999		-	476 HB97 ~~Enrolled~~
	993	+	476 HB97 INTRODUCED
1000	994		Page 18
	995	+	paid at a rate set forth in the compensation plan for the
	996	+	classification in which he or she serves.
	997	+	(2) A new appointee to the regular classified service
	998	+	shall normally be paid the minimum pay step within the pay
	999	+	grade for the class in which the position falls, unless in the
	1000	+	discretion of the hiring authority and the director,
	1001	+	circumstances, skills, or experience dictate a higher pay
1001	1002		step.
1002	1003		(3) Salary advancements within a pay grade shall be
1003	1004		based on satisfactory job performance in the position as set
1004	1005		out in the employee handbook and shall be implemented
1005	1006		according to the administrative procedures in the compensation
1006	1007		plan. A performance rating reflecting satisfactory performance
1007	1008		shall be required for advancement. An employee with
1008	1009		uninterrupted satisfactory service shall be eligible for a
1009	1010		salary increase on an annual basis until the maximum step for
1010	1011		the pay grade is reached.
1011	1012		(4) In the event a regular employee is promoted,
1012	1013		demoted, or transferred pursuant to Section 11, his or her
1013	1014		rate of pay shall be determined as follows:
1014	1015		a. Upon promotion, the employee's regular base pay
1015	1016		shall determine the new rate in the promotional class. The new
1016	1017		rate shall be the larger of:
1017	1018		1. A one-step increase above the former rate; or
1018	1019		2. The entrance rate for the promotional class.
1019	1020		b. When an employee is demoted, compensation shall be
1020	1021		reduced to the salary prescribed for the class or grade to
1021	1022		which demoted or the step rate reduced if the employee remains
1022	1023		in the position. In no event shall the pay grade exceed the
1023		-	maximum approved rate of the new classification.
1024		-	c. When an employee is transferred from one department
1025		-	to another, the step in the pay range shall be in accord with
1026		-	the approved job description of the position to be occupied by
1027		-	the employee. All transfers shall be approved by the
1028		-	appointing authority.
1029		-	(e)(1) Holidays are paid.
1030	1024		477
1031	1025		478
1032	1026		479
1033	1027		480
1034	1028		481
1035	1029		482
1036	1030		483
1037	1031		484
1038	1032		485
1039	1033		486
1040	1034		487
1041	1035		488
1042	1036		489
1043	1037		490
1044	1038		491
1045	1039		492
1046	1040		493
1047	1041		494
1048	1042		495
1049	1043		496
1050	1044		497
1051	1045		498
1052	1046		499
1053	1047		500
1054	1048		501
1055	1049		502
1056	1050		503
1057		-	504 HB97 ~~Enrolled~~
	1051	+	504 HB97 INTRODUCED
1058	1052		Page 19
	1053	+	in the position. In no event shall the pay grade exceed the
	1054	+	maximum approved rate of the new classification.
	1055	+	c. When an employee is transferred from one department
	1056	+	to another, the step in the pay range shall be in accord with
	1057	+	the approved job description of the position to be occupied by
	1058	+	the employee. All transfers shall be approved by the
	1059	+	appointing authority.
1059	1060		(e)(1) Holidays are paid.
1060	1061		(2) The mayor, subject to council approval, shall
1061	1062		determine the holidays that employees shall observe.
1062	1063		(3) Employees on non-pay status, such as a leave of
1063	1064		absence or on paid military leave, shall not earn additional
1064	1065		time for holidays. All employees shall receive the same number
1065	1066		of holidays, and employees required to work on holidays shall
1066	1067		receive an equal amount of time off in compensation.
1067	1068		Section 11. (a)(1) Vacancies and newly created
1068	1069		positions in the regular service shall be filled either by
1069	1070		promotion, open-competitive, transfer, appointment, re-
1070	1071		appointment, demotion, or transfer as determined by the
1071	1072		appointing authority.
1072	1073		(2) When a vacancy exists for a regular position that
1073	1074		is not otherwise exempt from this act, the appointing
1074	1075		authority shall inform the director of the vacancy and whether
1075	1076		the position is a promotional or open position. The director
1076	1077		shall then certify to the appointing authority eligible
1077	1078		candidates from the appropriate list or, as otherwise
1078	1079		provided, in the manner and pursuant to the procedures as set
1079	1080		forth in the employee handbook. The appointing authority shall
1080	1081		then make an appointment from the names certified to him or
1081		-	her.
1082		-	(3) Vacancies in positions above the lowest rank in any
1083		-	category in the classified service shall be filled as far as
1084		-	practicable by the promotion of employees in the service
1085		-	unless otherwise determined by the appointing authority. In
1086		-	each case, the appointing authority, in consultation with the
1087		-	human resources director, shall determine whether an
1088	1082		505
1089	1083		506
1090	1084		507
1091	1085		508
1092	1086		509
1093	1087		510
1094	1088		511
1095	1089		512
1096	1090		513
1097	1091		514
1098	1092		515
1099	1093		516
1100	1094		517
1101	1095		518
1102	1096		519
1103	1097		520
1104	1098		521
1105	1099		522
1106	1100		523
1107	1101		524
1108	1102		525
1109	1103		526
1110	1104		527
1111	1105		528
1112	1106		529
1113	1107		530
1114	1108		531
1115		-	532 HB97 ~~Enrolled~~
	1109	+	532 HB97 INTRODUCED
1116	1110		Page 20
	1111	+	then make an appointment from the names certified to him or
	1112	+	her.
	1113	+	(3) Vacancies in positions above the lowest rank in any
	1114	+	category in the classified service shall be filled as far as
	1115	+	practicable by the promotion of employees in the service
	1116	+	unless otherwise determined by the appointing authority. In
	1117	+	each case, the appointing authority, in consultation with the
1117	1118		human resources director, shall determine whether an
1118	1119		open-competitive or promotional examination will serve the
1119	1120		best interests of the service in attracting well-qualified
1120	1121		candidates. Promotions in every case must involve a definite
1121	1122		increase in duties and responsibility. The change of an
1122	1123		employee from a position in a class to a position in another
1123	1124		related occupational class for which the maximum rate is
1124	1125		higher shall be deemed a promotion.
1125	1126		(b)(1) Any appointment to a regular classified
1126	1127		position, whether filled by open-competitive, promotion,
1127	1128		appointment, or transfer, shall be subject to a probationary
1128	1129		period.
1129	1130		(2) The probationary period shall last one year from
1130	1131		the date of appointment with no interruption in service. The
1131	1132		probationary period may be extended for an additional six
1132	1133		months upon recommendation by the appointing authority and
1133	1134		approval by the director.
1134	1135		(3) A probationary employee may be discharged without
1135	1136		the right of appeal.
1136	1137		(4) A promotional probationary employee who is demoted
1137	1138		for unsatisfactory service may return to the position held
1138	1139		prior to promotion, if still vacant, without the right of
1139		-	appeal. In the event the former position is filled, the mayor
1140		-	or city manager shall determine the manner in which the
1141		-	employee may be retained in the service, subject to the
1142		-	provisions governing layoffs and reductions in force in the
1143		-	employee handbook.
1144		-	(5) On satisfactory completion of the probationary
1145		-	period, an employee shall have all rights of appeal set forth
1146	1140		533
1147	1141		534
1148	1142		535
1149	1143		536
1150	1144		537
1151	1145		538
1152	1146		539
1153	1147		540
1154	1148		541
1155	1149		542
1156	1150		543
1157	1151		544
1158	1152		545
1159	1153		546
1160	1154		547
1161	1155		548
1162	1156		549
1163	1157		550
1164	1158		551
1165	1159		552
1166	1160		553
1167	1161		554
1168	1162		555
1169	1163		556
1170	1164		557
1171	1165		558
1172	1166		559
1173		-	560 HB97 ~~Enrolled~~
	1167	+	560 HB97 INTRODUCED
1174	1168		Page 21
	1169	+	prior to promotion, if still vacant, without the right of
	1170	+	appeal. In the event the former position is filled, the mayor
	1171	+	or city manager shall determine the manner in which the
	1172	+	employee may be retained in the service, subject to the
	1173	+	provisions governing layoffs and reductions in force in the
	1174	+	employee handbook.
	1175	+	(5) On satisfactory completion of the probationary
1175	1176		period, an employee shall have all rights of appeal set forth
1176	1177		in Section 13 in case he or she is suspended, demoted, or
1177	1178		terminated.
1178	1179		(c)(1) A demotion occurs when a regular employee's
1179	1180		salary is reduced to a lower pay step or the employee is moved
1180	1181		from a position in one class to a position in another class in
1181	1182		which the maximum step in the pay grade is lower than the
1182	1183		employee's former salary.
1183	1184		(2) An employee may be demoted for any of the following
1184	1185		reasons:
1185	1186		a. The employee would otherwise be laid off because the
1186	1187		current position he or she fills is being eliminated or
1187	1188		reclassified to a different grade, there is a lack of work or
1188	1189		funds, or another employee is returning to the position from
1189	1190		an authorized leave.
1190	1191		b. The employee does not possess the necessary
1191	1192		qualifications to render satisfactory service in the position.
1192	1193		c. The employee is removed during probation.
1193	1194		d. The employee voluntarily requests the demotion.
1194	1195		e. The employee is demoted as a disciplinary action.
1195	1196		(3) A demotion shall be approved by the appointing
1196	1197		authority pursuant to the procedures adopted by the city. If a
1197		-	non-probationary employee is demoted against his or her will,
1198		-	he or she may appeal to the board as provided in this act.
1199		-	(d) A transfer occurs when an appointing authority,
1200		-	with or without the employee's request, assigns an employee in
1201		-	the regular service under his or her supervision from one
1202		-	position to another in the same class regardless of the shift,
1203		-	location, hours of work, or another consideration.
1204	1198		561
1205	1199		562
1206	1200		563
1207	1201		564
1208	1202		565
1209	1203		566
1210	1204		567
1211	1205		568
1212	1206		569
1213	1207		570
1214	1208		571
1215	1209		572
1216	1210		573
1217	1211		574
1218	1212		575
1219	1213		576
1220	1214		577
1221	1215		578
1222	1216		579
1223	1217		580
1224	1218		581
1225	1219		582
1226	1220		583
1227	1221		584
1228	1222		585
1229	1223		586
1230	1224		587
1231		-	588 HB97 ~~Enrolled~~
	1225	+	588 HB97 INTRODUCED
1232	1226		Page 22
	1227	+	authority pursuant to the procedures adopted by the city. If a
	1228	+	non-probationary employee is demoted against his or her will,
	1229	+	he or she may appeal to the board as provided in this act.
	1230	+	(d) A transfer occurs when an appointing authority,
	1231	+	with or without the employee's request, assigns an employee in
	1232	+	the regular service under his or her supervision from one
	1233	+	position to another in the same class regardless of the shift,
1233	1234		location, hours of work, or another consideration.
1234	1235		(e) An appointing authority may assign any employee in
1235	1236		the regular service under his or her supervision any duties as
1236	1237		long as the duties are within the same classification. Any
1237	1238		assignment of duties to an employee outside of the
1238	1239		classification of the employee's position shall be regarded as
1239	1240		temporary and shall receive prior approval from the mayor or
1240	1241		city manager and the director. Any transfer made pursuant to
1241	1242		this subsection shall be made with the retention of all rights
1242	1243		of seniority, vacation, sick leave, and overtime as the
1243	1244		employee may have accrued.
1244	1245		(f)(1) The mayor or city manager may authorize the
1245	1246		filling of a vacant position in the regular service by
1246	1247		temporary appointment.
1247	1248		(2) Any candidate for temporary appointment shall meet
1248	1249		the requirements, other than testing, for the position as
1249	1250		described in the classification plan.
1250	1251		(3) Temporary appointment may be for a period of up to
1251	1252		six months, subject to renewal by the mayor or city manager
1252	1253		every six months.
1253	1254		(g) The appointing authority shall not be bound by any
1254	1255		promotion list or eligible register to fill any vacancy for a
1255		-	position or role in the exempt service. Further, an
1256		-	appointment to the exempt service shall not confer any right
1257		-	of status, appeal, or any related right under this act.
1258		-	Section 12. (a) The tenure of every employee in the
1259		-	regular service shall be conditioned on the satisfactory
1260		-	conduct of the employee and the continued efficient
1261		-	performance of assigned duties and responsibilities. A regular
1262	1256		589
1263	1257		590
1264	1258		591
1265	1259		592
1266	1260		593
1267	1261		594
1268	1262		595
1269	1263		596
1270	1264		597
1271	1265		598
1272	1266		599
1273	1267		600
1274	1268		601
1275	1269		602
1276	1270		603
1277	1271		604
1278	1272		605
1279	1273		606
1280	1274		607
1281	1275		608
1282	1276		609
1283	1277		610
1284	1278		611
1285	1279		612
1286	1280		613
1287	1281		614
1288	1282		615
1289		-	616 HB97 ~~Enrolled~~
	1283	+	616 HB97 INTRODUCED
1290	1284		Page 23
	1285	+	promotion list or eligible register to fill any vacancy for a
	1286	+	position or role in the exempt service. Further, an
	1287	+	appointment to the exempt service shall not confer any right
	1288	+	of status, appeal, or any related right under this act.
	1289	+	Section 12. (a) The tenure of every employee in the
	1290	+	regular service shall be conditioned on the satisfactory
	1291	+	conduct of the employee and the continued efficient
1291	1292		performance of assigned duties and responsibilities. A regular
1292	1293		employee may be dismissed, demoted, or suspended for cause or
1293	1294		for any reason deemed to be in the best interest of the public
1294	1295		service and shall have the right of appeal as set forth in
1295	1296		Section 13 of this act. The reasons for the action shall be
1296	1297		furnished in writing to the employee and the director.
1297	1298		(b) The following are among the causes which are
1298	1299		sufficient for dismissal, demotion, or suspension:
1299	1300		(1) Absence from work without leave.
1300	1301		(2) Conviction of any criminal act involving drugs,
1301	1302		alcohol, violence against a person, theft, embezzlement, moral
1302	1303		turpitude, or any crime charged as a felony.
1303	1304		(3) Conduct unbecoming an employee in the public
1304	1305		service.
1305	1306		(4) Disorderly or immoral conduct.
1306	1307		(5) Incompetency or inefficiency.
1307	1308		(6) Insubordination.
1308	1309		(7) Intoxication while on duty or public intoxication
1309	1310		while off duty.
1310	1311		(8) Neglect of duty.
1311	1312		(9) Negligent or willful damage to public property or
1312	1313		waste of public supplies or equipment.
1313		-	(10) Violation of any regulations, rules, or orders
1314		-	published, made, or given by a supervisor or appointing
1315		-	authority.
1316		-	(11) Use of paid time and city property for personal
1317		-	reasons, including other employment or a private business
1318		-	venture.
1319		-	(12) Failure to maintain certifications or pursue
1320	1314		617
1321	1315		618
1322	1316		619
1323	1317		620
1324	1318		621
1325	1319		622
1326	1320		623
1327	1321		624
1328	1322		625
1329	1323		626
1330	1324		627
1331	1325		628
1332	1326		629
1333	1327		630
1334	1328		631
1335	1329		632
1336	1330		633
1337	1331		634
1338	1332		635
1339	1333		636
1340	1334		637
1341	1335		638
1342	1336		639
1343	1337		640
1344	1338		641
1345	1339		642
1346	1340		643
1347		-	644 HB97 ~~Enrolled~~
	1341	+	644 HB97 INTRODUCED
1348	1342		Page 24
	1343	+	waste of public supplies or equipment.
	1344	+	(10) Violation of any regulations, rules, or orders
	1345	+	published, made, or given by a supervisor or appointing
	1346	+	authority.
	1347	+	(11) Use of paid time and city property for personal
	1348	+	reasons, including other employment or a private business
	1349	+	venture.
1349	1350		(12) Failure to maintain certifications or pursue
1350	1351		continuing education to perform the duties of the position.
1351	1352		(13) Inappropriate comments or behavior towards
1352	1353		coworkers, including behavior that exposes the city to
1353	1354		liability.
1354	1355		(14) Any other reason deemed in the best interest of
1355	1356		the public service.
1356	1357		(15) Any other reason set forth in the employee
1357	1358		handbook.
1358	1359		(c)(1) When an employee is suspended, demoted, or
1359	1360		terminated, the employee shall be notified in writing prior to
1360	1361		or on the date the disciplinary action is to take effect, and
1361	1362		the notice shall contain all of the following:
1362	1363		a. The reason for the disciplinary action.
1363	1364		b. The discipline imposed.
1364	1365		c. In the case of suspension, the starting and ending
1365	1366		dates or, in case of demotion or termination, the effective
1366	1367		date.
1367	1368		d. Any other information deemed appropriate.
1368	1369		(2) A copy of the notice shall be delivered by the
1369	1370		appointing authority to the director at the same time the
1370	1371		notice is served on the employee. Notification shall be made
1371		-	prior to or on the date the dismissal or demotion is to take
1372		-	effect, or as soon as practicable thereafter.
1373		-	(d) A non-probationary regular employee who is demoted
1374		-	or terminated shall have a right of appeal pursuant to
1375		-	subsection 13(a). A non-probationary regular employee who is
1376		-	suspended may have a right of appeal as provided in
1377		-	subdivision (e)(2).
1378	1372		645
1379	1373		646
1380	1374		647
1381	1375		648
1382	1376		649
1383	1377		650
1384	1378		651
1385	1379		652
1386	1380		653
1387	1381		654
1388	1382		655
1389	1383		656
1390	1384		657
1391	1385		658
1392	1386		659
1393	1387		660
1394	1388		661
1395	1389		662
1396	1390		663
1397	1391		664
1398	1392		665
1399	1393		666
1400	1394		667
1401	1395		668
1402	1396		669
1403	1397		670
1404	1398		671
1405		-	672 HB97 ~~Enrolled~~
	1399	+	672 HB97 INTRODUCED
1406	1400		Page 25
	1401	+	notice is served on the employee. Notification shall be made
	1402	+	prior to or on the date the dismissal or demotion is to take
	1403	+	effect, or as soon as practicable thereafter.
	1404	+	(d) A non-probationary regular employee who is demoted
	1405	+	or terminated shall have a right of appeal pursuant to
	1406	+	subsection 13(a). A non-probationary regular employee who is
	1407	+	suspended may have a right of appeal as provided in
1407	1408		subdivision (e)(2).
1408	1409		(e)(1) Suspension is typically without pay and is
1409	1410		imposed by an appointing authority for a definite number of
1410	1411		working hours on a predetermined work date with inclusive
1411	1412		starting and ending dates.
1412	1413		(2) The suspended regular employee shall have a right
1413	1414		to an appeal and hearing before the board in a case in which a
1414	1415		single suspension exceeds 40 work hours or where separate
1415	1416		suspensions imposed within one calendar year total more than
1416	1417		80 work hours.
1417	1418		(3) Any employee who is suspended for any period,
1418	1419		including anyone employed in an exempt position, may obtain a
1419	1420		review of any suspension imposed by filing with the mayor or
1420	1421		city manager, not more than two days after receiving written
1421	1422		notice of the suspension, a written answer to the charge and a
1422	1423		request for review.
1423	1424		(f) A regular employee serving a probationary period
1424	1425		may be suspended, demoted, or terminated by an appointing
1425	1426		authority without right of appeal to the board.
1426	1427		Section 13. (a) A regular employee may appeal
1427	1428		suspension pursuant to subdivision 12(e)(2), or demotion, or
1428	1429		termination by filing with the director within 10 calendar
1429		-	days of receiving the disciplinary notice a written answer to
1430		-	the charge with a request for a hearing that contains all of
1431		-	the following:
1432		-	(1) A copy of the disciplinary notice provided in
1433		-	subsection 12(c).
1434		-	(2) An admission or denial of the charge in the
1435		-	disciplinary notice.
1436	1430		673
1437	1431		674
1438	1432		675
1439	1433		676
1440	1434		677
1441	1435		678
1442	1436		679
1443	1437		680
1444	1438		681
1445	1439		682
1446	1440		683
1447	1441		684
1448	1442		685
1449	1443		686
1450	1444		687
1451	1445		688
1452	1446		689
1453	1447		690
1454	1448		691
1455	1449		692
1456	1450		693
1457	1451		694
1458	1452		695
1459	1453		696
1460	1454		697
1461	1455		698
1462	1456		699
1463		-	700 HB97 ~~Enrolled~~
	1457	+	700 HB97 INTRODUCED
1464	1458		Page 26
	1459	+	termination by filing with the director within 10 calendar
	1460	+	days of receiving the disciplinary notice a written answer to
	1461	+	the charge with a request for a hearing that contains all of
	1462	+	the following:
	1463	+	(1) A copy of the disciplinary notice provided in
	1464	+	subsection 12(c).
	1465	+	(2) An admission or denial of the charge in the
1465	1466		disciplinary notice.
1466	1467		(3) If the employee admits the charge in whole or in
1467	1468		part, the reason why the discipline is inappropriate.
1468	1469		(b) Upon receiving the answer, the director shall
1469	1470		forward a copy to the board.
1470	1471		(c) The city, as principal of the appointing authority
1471	1472		who imposed the suspension, demotion, or termination, shall be
1472	1473		the responding party.
1473	1474		(d) The effective date of the disciplinary action shall
1474	1475		not be stayed pending the hearing.
1475	1476		(e)(1) The board shall order a public hearing of such
1476	1477		charges. The hearing shall be for the purpose of determining
1477	1478		whether or not the employee, by reason of his or her act or
1478	1479		acts as charged and his or her record of service, merits
1479	1480		retention in the service or should be removed therefrom or
1480	1481		otherwise disciplined; and to that end the board shall not be
1481	1482		bound by the technical rules of evidence but shall diligently
1482	1483		seek all the information bearing on the merits of the case.
1483	1484		Each party at interest may be represented by counsel.
1484	1485		(2) The hearing may be before the board or a hearing
1485	1486		officer appointed by the board. If the matter is heard by a
1486	1487		hearing officer appointed by the board, the hearing officer
1487		-	shall be a practicing attorney licensed in the State of
1488		-	Alabama and shall take testimony offered in support and denial
1489		-	of such charges and, from the same, submit to the board within
1490		-	five days a finding of facts involved and a recommended
1491		-	decision. The board at its next regular or special meeting
1492		-	shall consider the report and set aside or affirm the report
1493		-	and certify its findings to the appointing authority who shall
1494	1488		701
1495	1489		702
1496	1490		703
1497	1491		704
1498	1492		705
1499	1493		706
1500	1494		707
1501	1495		708
1502	1496		709
1503	1497		710
1504	1498		711
1505	1499		712
1506	1500		713
1507	1501		714
1508	1502		715
1509	1503		716
1510	1504		717
1511	1505		718
1512	1506		719
1513	1507		720
1514	1508		721
1515	1509		722
1516	1510		723
1517	1511		724
1518	1512		725
1519	1513		726
1520	1514		727
1521		-	728 HB97 ~~Enrolled~~
	1515	+	728 HB97 INTRODUCED
1522	1516		Page 27
	1517	+	hearing officer appointed by the board, the hearing officer
	1518	+	shall be a practicing attorney licensed in the State of
	1519	+	Alabama and shall take testimony offered in support and denial
	1520	+	of such charges and, from the same, submit to the board within
	1521	+	five days a finding of facts involved and a recommended
	1522	+	decision. The board at its next regular or special meeting
	1523	+	shall consider the report and set aside or affirm the report
1523	1524		and certify its findings to the appointing authority who shall
1524	1525		forthwith put the same into effect. If the board hears the
1525	1526		charges, it shall make its own opinion and decision.
1526	1527		(3) Discovery may be obtained by one or more of the
1527	1528		methods provided under the Alabama Rules of Civil Procedure,
1528	1529		including written interrogatories, depositions, requests for
1529	1530		production of documents or things for inspection or copying,
1530	1531		and requests for admissions addressed to parties. The Alabama
1531	1532		Rules of Civil Procedure may be used as a general guide for
1532	1533		discovery practices and proceedings before the board. However,
1533	1534		the Alabama Rules of Civil Procedure shall be deemed to be
1534	1535		instructive rather than controlling. A party seeking discovery
1535	1536		from another party shall initiate the process by serving a
1536	1537		request for discovery on the other party.
1537	1538		(4) When a request for discovery is directed to an
1538	1539		officer or employee of the city, the city shall make the
1539	1540		officer or employee available on official time for the purpose
1540	1541		of responding to the request and shall assist the officer or
1541	1542		employee as necessary in providing relevant information that
1542	1543		is available to the city. A party seeking discovery from a
1543	1544		nonparty officer or employee of the city shall initiate the
1544	1545		process by serving a request for discovery on the nonparty
1545		-	officer or employee. Discovery from other nonparties may be
1546		-	initiated by serving a request for discovery on the nonparty
1547		-	directly. Absent a request or upon failure to obtain voluntary
1548		-	cooperation, discovery from a nonparty may be obtained by a
1549		-	written motion directed to the board or a hearing officer
1550		-	appointed by the board showing the relevance, scope, and
1551		-	materiality of the particular information sought. In addition,
1552	1546		729
1553	1547		730
1554	1548		731
1555	1549		732
1556	1550		733
1557	1551		734
1558	1552		735
1559	1553		736
1560	1554		737
1561	1555		738
1562	1556		739
1563	1557		740
1564	1558		741
1565	1559		742
1566	1560		743
1567	1561		744
1568	1562		745
1569	1563		746
1570	1564		747
1571	1565		748
1572	1566		749
1573	1567		750
1574	1568		751
1575	1569		752
1576	1570		753
1577	1571		754
1578	1572		755
1579		-	756 HB97 ~~Enrolled~~
	1573	+	756 HB97 INTRODUCED
1580	1574		Page 28
	1575	+	process by serving a request for discovery on the nonparty
	1576	+	officer or employee. Discovery from other nonparties may be
	1577	+	initiated by serving a request for discovery on the nonparty
	1578	+	directly. Absent a request or upon failure to obtain voluntary
	1579	+	cooperation, discovery from a nonparty may be obtained by a
	1580	+	written motion directed to the board or a hearing officer
	1581	+	appointed by the board showing the relevance, scope, and
1581	1582		materiality of the particular information sought. In addition,
1582	1583		in the case of a deposition, the written motion shall include
1583	1584		the date, time, and place of the proposed deposition.
1584	1585		(5) The board may require that testimony introduced at
1585	1586		hearings be recorded, but testimony shall not be transcribed
1586	1587		except upon further order.
1587	1588		(6) The board shall render its decision within 10
1588	1589		calendar days after the conclusion of the hearing which shall
1589	1590		forthwith be certified to the appointing authority and
1590	1591		enforced by the appointing authority. Copies of the decision
1591	1592		shall be delivered to all other parties at interest. The board
1592	1593		may rescind or uphold the penalty imposed by the appointing
1593	1594		authority as warranted by the facts adduced at the hearing.
1594	1595		(f)(1) The order containing the decision of the board
1595	1596		may be appealed by either party to the Circuit Court of Shelby
1596	1597		County.
1597	1598		a. The appeal shall be perfected by filing a notice of
1598	1599		appeal in circuit court no later than 10 days after the
1599	1600		release of the board's decision.
1600	1601		b. The notice shall state that the party appeals the
1601	1602		board's decision to the circuit court with a short statement
1602	1603		of the reason therefor.
1603		-	c. The notice shall be accompanied with a bound
1604		-	transcript of the board hearing and any exhibits or with a
1605		-	receipt from a court reporting service as proof that the
1606		-	hearing is being transcribed.
1607		-	d. In the case of an appeal challenging the board's
1608		-	decision to uphold the discipline of an employee, a copy of
1609		-	the notice of appeal shall be served on the director within
1610	1604		757
1611	1605		758
1612	1606		759
1613	1607		760
1614	1608		761
1615	1609		762
1616	1610		763
1617	1611		764
1618	1612		765
1619	1613		766
1620	1614		767
1621	1615		768
1622	1616		769
1623	1617		770
1624	1618		771
1625	1619		772
1626	1620		773
1627	1621		774
1628	1622		775
1629	1623		776
1630	1624		777
1631	1625		778
1632	1626		779
1633	1627		780
1634	1628		781
1635	1629		782
1636	1630		783
1637		-	784 HB97 ~~Enrolled~~
	1631	+	784 HB97 INTRODUCED
1638	1632		Page 29
	1633	+	of the reason therefor.
	1634	+	c. The notice shall be accompanied with a bound
	1635	+	transcript of the board hearing and any exhibits or with a
	1636	+	receipt from a court reporting service as proof that the
	1637	+	hearing is being transcribed.
	1638	+	d. In the case of an appeal challenging the board's
	1639	+	decision to uphold the discipline of an employee, a copy of
1639	1640		the notice of appeal shall be served on the director within
1640	1641		one day of its filing in circuit court.
1641	1642		(2) The decision of the board shall not be stayed
1642	1643		pending the circuit court's decision.
1643	1644		(3) The circuit court shall not reverse the order of
1644	1645		the board unless it finds one of the following:
1645	1646		a. The board's decision was arbitrary and capricious.
1646	1647		b. The board's decision was against the great weight of
1647	1648		the evidence.
1648	1649		c. The board's decision was the product of fraud.
1649	1650		d. The board's application of the law was clearly
1650	1651		erroneous in a case in which the board's decision was
1651	1652		determined by that question of law.
1652	1653		Section 14. (a) The following politically related
1653	1654		activities related to city employees shall be regulated as
1654	1655		follows:
1655	1656		(1) No individual shall use the authority of his or her
1656	1657		position with the city to secure for any other individual an
1657	1658		appointment to a position, an increase in pay, or any other
1658	1659		advantage in employment for the purpose of influencing the
1659	1660		vote or political action of that individual.
1660	1661		(2) No individual employed by the city, whether in the
1661		-	regular or exempt service, shall be denied the right to
1662		-	participate in city, county, state, or national political
1663		-	activities to the same extent as any other resident of the
1664		-	State of Alabama, including endorsing candidates and
1665		-	contributing to campaigns.
1666		-	(3) An individual employed by the city may join local
1667		-	political clubs and organizations and state or national
1668	1662		785
1669	1663		786
1670	1664		787
1671	1665		788
1672	1666		789
1673	1667		790
1674	1668		791
1675	1669		792
1676	1670		793
1677	1671		794
1678	1672		795
1679	1673		796
1680	1674		797
1681	1675		798
1682	1676		799
1683	1677		800
1684	1678		801
1685	1679		802
1686	1680		803
1687	1681		804
1688	1682		805
1689	1683		806
1690	1684		807
1691	1685		808
1692	1686		809
1693	1687		810
1694	1688		811
1695		-	812 HB97 ~~Enrolled~~
	1689	+	812 HB97 INTRODUCED
1696	1690		Page 30
	1691	+	(2) No individual employed by the city, whether in the
	1692	+	regular or exempt service, shall be denied the right to
	1693	+	participate in city, county, state, or national political
	1694	+	activities to the same extent as any other resident of the
	1695	+	State of Alabama, including endorsing candidates and
	1696	+	contributing to campaigns.
	1697	+	(3) An individual employed by the city may join local
1697	1698		political clubs and organizations and state or national
1698	1699		political parties.
1699	1700		(4) An individual employed by the city may advocate on
1700	1701		public issues outside of work hours, including circulating
1701	1702		petitions, taking positions on referenda, and contributing
1702	1703		money and time to candidates and causes.
1703	1704		(5) No individual employed by the city shall engage in
1704	1705		political activity while on duty or while in uniform that
1705	1706		identifies the individual as a city employee.
1706	1707		(6) No individual shall use his or her political office
1707	1708		or position for the purpose of influencing the vote or
1708	1709		political action of any city employee.
1709	1710		(b)(1) A regular employee who seeks election to a
1710	1711		public office shall resign his or her position with the city
1711	1712		upon qualifying as a candidate for nomination or election by
1712	1713		submitting a written resignation to the appointing authority
1713	1714		and the director stating the purpose of the resignation.
1714	1715		(2) The employee whose candidacy is unsuccessful may be
1715	1716		re-appointed to his or her former position, having been deemed
1716	1717		to be on an unpaid leave of absence, if all of the following
1717	1718		conditions are met:
1718	1719		a. Within 180 days succeeding the day of resignation,
1719		-	the employee requests reinstatement to the eligible list for
1720		-	the position.
1721		-	b. The position has not been filled between the day of
1722		-	resignation and the day of the request for reinstatement.
1723		-	Section 15. On the effective date of this act, the
1724		-	following shall be preserved:
1725		-	(1) A serving board member shall serve to the
1726	1720		813
1727	1721		814
1728	1722		815
1729	1723		816
1730	1724		817
1731	1725		818
1732	1726		819
1733	1727		820
1734	1728		821
1735	1729		822
1736	1730		823
1737	1731		824
1738	1732		825
1739	1733		826
1740	1734		827
1741	1735		828
1742	1736		829
1743	1737		830
1744	1738		831
1745	1739		832
1746	1740		833
1747	1741		834
1748	1742		835
1749	1743		836
1750	1744		837
1751	1745		838
1752	1746		839
1753		-	840 HB97 ~~Enrolled~~
	1747	+	840 HB97 INTRODUCED
1754	1748		Page 31
	1749	+	a. Within 180 days succeeding the day of resignation,
	1750	+	the employee requests reinstatement to the eligible list for
	1751	+	the position.
	1752	+	b. The position has not been filled between the day of
	1753	+	resignation and the day of the request for reinstatement.
	1754	+	Section 15. On the effective date of this act, the
	1755	+	following shall be preserved:
1755	1756		(1) A serving board member shall serve to the
1756	1757		completion of the term for which the board member was elected
1757	1758		or appointed.
1758	1759		(2) Any employee holding a regular position shall
1759	1760		continue with the status of a regular employee in the
1760	1761		classified service as provided in Section 6.
1761	1762		(3) Sick or personal leave already accrued by an
1762	1763		employee shall not be reduced.
1763	1764		(4) Any compensation plan previously adopted by the
1764	1765		city shall remain in effect until it is replaced or amended as
1765	1766		provided in Section 10.
1766	1767		Section 16. Act 89-189 of the 1989 Regular Session
1767	1768		(Acts 1989, p. 186), and the succeeding amending acts, Act
1768	1769		2001-906 of the 2001 3rd Special Session (Acts 2001, p. 748)
1769	1770		and Act 2015-419 of the 2015 Regular Session (Acts 2015, p.
1770	1771		1263), relating to a civil service system for the City of
1771	1772		Pelham in Shelby County are repealed.
1772	1773		Section 17. This act shall become effective on October
1773	1774		1, 2024.
1774	1775		841
1775	1776		842
1776	1777		843
1777	1778		844
1778	1779		845
1779	1780		846
1780	1781		847
1781	1782		848
1782	1783		849
1783	1784		850
1784	1785		851
1785	1786		852
1786	1787		853
1787	1788		854
1788	1789		855
1789	1790		856
1790	1791		857
1791		-	858 HB97 Enrolled
1792		-	Page 32
1793		-	1, 2024.
1794		-	________________________________________________
1795		-	Speaker of the House of Representatives
1796		-	________________________________________________
1797		-	President and Presiding Officer of the Senate
1798		-	House of Representatives
1799		-	I hereby certify that the within Act originated in and
1800		-	was passed by the House 21-Feb-24.
1801		-	John Treadwell
1802		-	Clerk
1803		-	Senate 25-Apr-24 Passed
	1792	+	858
1804	1793		859
1805	1794		860
1806	1795		861
1807	1796		862
1808	1797		863
1809	1798		864
1810	1799		865
1811		-	866
1812		-	867
1813		-	868
1814		-	869
1815		-	870
1816		-	871
1817		-	872
1818		-	873
1819		-	874
1820		-	875
1821		-	876
1822		-	877
1823		-	878
1824		-	879
1825		-	880
1826		-	881
1827		-	882
1828		-	883
1829		-	884
1830		-	885
1831		-	886
1832		-	887
1833		-	888
1834		-	889