HB97ENROLLED
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HB97
7UH6V2-2
By Representative Paschal (N & P)
RFD: Shelby County Legislation
First Read: 06-Feb-24
PFD: 05-Feb-24
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PFD: 05-Feb-24
Enrolled, An Act,
Relating to the City of Pelham in Shelby County; to
repeal Act 89-189 of the 1989 Regular Session (Acts 1989, p.
186) as amended by Act 2001-906 of the 2001 3rd Special
Session (Acts 2001, p. 748), and as amended and reenacted by
Act 2015-419 of the 2015 Regular Session (Acts 2015, p. 1263);
and to establish a new civil service system that provides for
a personnel board, human resources director, employee
classification and pay, employment, retention, and
disciplinary process, and for employee appeals.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to the City of
Pelham and shall be known as The City of Pelham Civil Service
System Act.
Section 2. The purpose of this act is to promote
greater efficiency and economy in the administration of the
government of the City of Pelham by accomplishing both of the
following:
(1) Attract to the service of the City of Pelham
qualified individuals of character and ability by providing
for their equal treatment and equal opportunity without regard
to race, national origin, ancestry, religion, political
affiliation, or other non-merit factors.
(2) Establish a means to recruit, select, develop, and
maintain an effective and responsible workforce based upon
merit principles by providing policies and procedures for
hiring and advancement, training and career development, job
classification, salary administration, fringe benefits,
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classification, salary administration, fringe benefits,
retirement, discipline, and discharge.
Section 3. For the purposes of this act, the following
terms have the following meanings:
(1) APPOINT. To hire to a regular classified position
with the city.
(2) APPOINTING AUTHORITY. The mayor, city council, city
manager, or any department head of the city authorized to make
appointments to the regular classified service due to his or
her supervisory capacity.
(3) BOARD. The City of Pelham Personnel Board.
(4) CERTIFICATION. The submission of eligible names
from a promotion list or a register to an appointing authority
for the purpose of filling a position in the regular
classified service.
(5) CITY. The City of Pelham, Alabama.
(6) CITY MANAGER. The executive administrator appointed
pursuant to Section 11-43-20, Code of Alabama 1975, who
oversees the day-to-day operations of the city's departments
as the administrative head of the municipal government.
(7) CLASS. A group of positions in the regular
classified service sufficiently similar in duties,
responsibilities, and authority, such that the same
descriptive title may be used to identify all positions
allocated to the class, the positions encompassing similar
requirements as to education, experience, skill, knowledge,
proficiency, and ability, with the same tests of fitness to
choose qualified employees, and within a defined pay grade.
(8) CLASSIFICATION. The assignment of a position to the
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(8) CLASSIFICATION. The assignment of a position to the
appropriate class in accordance with its required duties and
authority.
(9) CLASSIFIED SERVICE. An employment position that
exists in the city that is included in the compensation plan
approved by the City Council.
(10) COUNCIL. The Pelham City Council.
(11) DEMOTION. Any disciplinary or other action which
reduces the pay grade or pay step of a non-exempt employee in
the regular classified service.
(12) DIRECTOR. The Human Resources Director.
(13) ELIGIBLE CANDIDATE. An individual whose name is on
an employment list, a promotion list, or an eligible register.
(14) ELIGIBLE REGISTER. A record containing the names
of those individuals who have applied for public safety
positions and successfully completed prescribed tests, listed
and ranked in order of their final earned average from the
highest to the lowest, and are qualified for appointment to
positions in the class for which the test was held.
(15) MAYOR. The Mayor of the City of Pelham.
(16) OPEN-COMPETITIVE. The process of seeking qualified
candidates for a regular classified position from any
qualified individual including taking applications from the
general public and other employees in the regular classified
service.
(17) PAY GRADE. The specific pay range set forth in the
compensation plan for a classification.
(18) PAY STEP. The specific pay rate within a pay range
as set forth in the compensation plan.
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as set forth in the compensation plan.
(19) POLICY or RULE. Policies or rules adopted by the
city which are considered necessary to develop a comprehensive
civil service system to implement this act. No policy or rule
shall change or modify the intent of this act.
(20) POSITION. Any job or set of duties in the regular
classified service requiring the full-time employment of one
person in the performance and exercise thereof.
(21) PROBATIONARY EMPLOYEE. An employee appointed to a
regular classified position from an employment list, promotion
list, or eligible register who has not completed his or her
probationary period.
(22) PROMOTION. An advancement from one class to
another class with increased duties or responsibilities for
which a higher rate of pay is prescribed.
(23) PUBLIC RECORDS. A record that the public has the
right to inspect in a reasonable manner.
(24) REGULAR CLASSIFIED POSITION. Any position in the
regular classified service.
(25) REGULAR EMPLOYEE. An employee who is appointed
under this act to a regular classified position and who has
completed his or her probationary period.
(26) SPECIFICATIONS. A formal statement descriptive of
a position that shall contain the title and class of the
position, a description of the duties of the position, and the
minimum qualifications required of applicants as to education,
experience, physical ability, and other attributes.
(27) TEMPORARY POSITION. Any employment position in the
city which is not a regular classified position but which
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city which is not a regular classified position but which
requires or is likely to require the services for a set period
of time.
(28) TEST. A written or oral examination, or
combination thereof, or other means established to assess the
qualifications of an applicant for a position.
(29) TITLE. The term used to designate all employment
by class and pay grade that generally describes the duties of
the position.
Section 4. (a)(1) The City of Pelham Personnel Board is
established. The personnel board shall have three members, who
shall be selected as follows:
a. One member shall be elected by the regular
classified service employees to serve the initial term, under
this act, of four years.
b. One member shall be appointed jointly by the mayor
and the council to serve the initial term, under this act, of
three years.
c. One member shall be appointed jointly by the members
provided for in paragraphs a. and b. to serve the initial
term, under this act, of two years.
(2) After the initial term, each member shall be
elected or appointed as provided in subdivision (1), and each
shall serve for a term of four years.
(3) Any vacancy in membership shall be filled for the
unexpired term in the manner provided for the member in
subdivision (1).
(b) An individual shall meet all of the following
qualifications on the date of the individual's election or
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qualifications on the date of the individual's election or
appointment to the board:
(1) Be a qualified elector of the city.
(2) Not have been a city employee within the preceding
three years, and if the individual has been a city employee,
the individual shall have been in good standing at the time he
or she was separated from city employment.
(3) Not have been a candidate for or held public office
within the preceding three years.
(4) Not have held a position with any political party
within the preceding three years.
(c) The board shall meet in regular session at least
semiannually and at other times as necessary to transact the
business of the board, which shall include the following
duties:
(1) Adopt the rules and policies necessary to carry out
its duties under this act.
(2) Hear and render decisions in disciplinary appeals
and related matters as set forth in this act.
(3) Transact any other business within the purview of
the board and within the intent of this act.
Section 5. (a) The mayor or city manager shall appoint
a human resources director. The director shall be experienced
in the field of personnel administration and shall administer
an efficient and economical merit system and carry out the
rules and policies established by the mayor, city manager,
council, or the board.
(b) In addition to the responsibilities set forth
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(b) In addition to the responsibilities set forth
elsewhere in this act, the director's duties shall include the
following:
(1) Serve as secretary to the board.
(2) Prepare for approval of the board any rules or
policies needed to implement board action under this act.
(3) Become familiar with the organization, operation,
and personnel requirements of each city department and make
recommendations for the department's efficient, economical,
and equitable operation.
(4) Maintain an official inventory of all positions,
including their specifications and pay grades.
(5) Promote and assist in the establishment of programs
for general employee pension, welfare, health, and career
development.
(6) Maintain all employee and retiree files complete
with all tax and benefit elections of the employee, resumes,
disciplinary actions, responses, applications, and copies of
certifications and training classes relevant to the class or
position of the employee or required by the city for continued
employment.
(7) Counsel employees on their rights under this act
and city policy.
(8) In connection with the investigations, hearings, or
inquiries of the board, administer oaths, issue subpoenas,
require the attendance of witnesses, and compel the production
of records, documents, and papers pertaining to the subject
under consideration.
Section 6. (a) On the effective date of this act, all
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Section 6. (a) On the effective date of this act, all
employees holding regular full-time positions in the service
of the city shall continue in their regular status in the
classified service, unless the position to which they are
appointed or elected is otherwise exempted by this act.
(b) The service shall be divided into two categories,
as follows:
(1) A regular service comprised of all employees
holding regular classified full-time positions. Employees
occupying these positions shall be in the classified service
unless specifically exempted from the service under this act.
(2)a. The exempt service, which shall include the
following:
1. Part-time employees, including part-time members of
different city boards.
2. Any official elected pursuant to Chapter 43 of Title
11, Code of Alabama 1975, including the city treasurer, city
clerk, city clerk-treasurer, police chief, and fire chief.
3. Any other individual elected or appointed to a
statutory position provided for under Chapter 43 of Title 11,
Code of Alabama 1975, including any city manager; provided,
nothing herein shall require the appointment of a city
manager.
4. Any judge, city attorney, and city prosecutor.
5. The administrative assistant to the mayor.
6. Individuals serving in long-term positions whose pay
is funded at least partially by state or federal grant.
7. Professionals, including attorneys, physicians,
accountants, and consultants who donate their services to the
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accountants, and consultants who donate their services to the
city on a part-time or temporary basis or are retained as
independent contractors.
8. Seasonal and temporary employees.
b. Individuals appointed to fill exempt positions are
employees at-will.
Section 7. (a) Public records are those records as
defined in Section 41-13-1, Code of Alabama 1975. The records
may be reviewed in a manner prescribed by the city, taking
into account confidentiality, convenience, and related
factors.
(b) Minutes of board meetings and financial records
shall be retained permanently. Applications and examination
papers of a candidate shall be retained for as long as the
candidate is carried on the appropriate promotion list or
eligible register.
Section 8. (a)(1) The classification plan shall provide
a complete inventory of all employee positions in the service
of the city and include an accurate description and
specifications for each class of work, and all other employee
positions in the city for which salary and benefits are set
out by the city, with the exception of the city council,
mayor, and city manager. The plan shall standardize titles so
that each is indicative of a definite range of duties and
responsibilities and has the same meaning throughout the
service and shall show whether the position is deemed a
regular position or exempt position.
(2) The classification plan shall consist of:
a. A grouping of positions into classes that are
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a. A grouping of positions into classes that are
approximately alike in required qualifications, tasks, duties,
and working conditions and, based on these factors, can be
equitably compensated within the same range of pay under
similar working conditions.
b. Class titles that are descriptive of the work of the
class and identify the class. These class titles shall be used
in all personnel, accounting, budget, and related records. No
person shall be appointed to or employed in a position in the
classified service under a title not included in the
classification plan. Working titles may be used in the course
of departmental routine to indicate authority, status in the
organization, or administrative rank.
c. Job descriptions for each position shall first be
recommended by the mayor or city manager, or their designee,
and then adopted by the council by resolution in their
discretion. The written specifications for each position shall
consist of the following items:
1. A job title that is descriptive and consistent in
terminology with other titles in the plan.
2. A brief description of the work required by the job
with examples of typical tasks or duties performed.
3. A list of formal qualifications including education,
certification, and previous employment experience.
4. A list of required knowledge, skills, and physical
fitness required to perform the job.
5. The class in which the job is allotted, its
departmental supervisory level, and its pay grade.
d. Specifications shall be interpreted in their
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d. Specifications shall be interpreted in their
entirety and in relation to others in the classification plan.
Particular phrases or examples shall not be isolated and
treated as a full definition of the class. Specifications
shall be descriptive and explanatory of the kind of work
performed and may not necessarily be inclusive of all duties
performed.
(3) An allocation list showing the class title of each
position in the regular service as identified by the name of
the occupant.
(b) The classification plan shall be used for the
following purposes:
(1) As a guide in recruiting and examining candidates
for employment.
(2) For determining lines of promotion.
(3) For determining salaries to be paid for various
types of work based on wage surveys and job analyses.
(4) For determining personnel items in departmental
budgets.
(5) For providing uniform job terminology
understandable to all city officials and employees and the
general public.
(c)(1) The director shall prepare or direct the
preparation of the classification plan as needed from time to
time. When the plan is completed and adopted by the council,
the director shall submit to each department head a copy of
the class specifications for each position class and a list
allocating the positions in the jurisdiction to the tentative
position classes. The department head shall notify employees
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position classes. The department head shall notify employees
about the allocation of their respective positions. A copy of
the class specification and individual allocation shall be
made available to the employee or his or her representative on
request.
(2) The director's responsibilities regarding the plan
shall include the following:
a. Distribute the plan to each department head, with an
explanation of the class allocation of each position in the
department.
b. Make the plan available upon request to any employee
or member of the public.
c. Review the duties of each new regular position to be
established and allocate the position to a class.
d. In consultation with the mayor, city manager,
department heads, and supervisors, review any position to
determine if changes in duties that are more than temporary
would warrant reclassification of the position to a different
class that is equal, higher, or lower in terms of
responsibility and pay grade.
e. Maintain the classification plan so that it will
reflect the duties performed by each employee in the
classified service and the class to which each position is
allocated by doing the following:
1. Recommend to the mayor or city manager and city
council the establishment of new position classes and the
deletion or revision of existing classes.
2. Review the duties and responsibilities of each new
position established and allocate the position to the
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position established and allocate the position to the
appropriate position class.
3. Make periodic studies of positions to determine
changes in duties and responsibilities and, based on findings,
recommend reallocation or reclassification of positions.
Classification studies may be made at the request of the
mayor, city manager, or city council. Changes in duty
assignments must be more than temporary in nature, and the
current employee must be performing the duties for a
sufficient duration to warrant investigation.
4. Direct the grading and classifying of all positions
in the classified service at least once every five years.
(d)(1) When a position is reallocated to a higher
position class, a lower position class, or another position
class at the same level, the method of filling the position
shall be determined under this act regarding transfers,
demotions, or promotions as may be appropriate.
(2) The mayor or city manager may recommend to the city
council the elimination of, or modification to, approved job
descriptions and positions in the classification plan together
with any pay grade recommendations associated with the
position. Upon approval by the council of the proposed
changes, any non-exempt regular employee currently serving in
a position being eliminated or modified, in which the
elimination or modification results in the non-exempt
employee's termination or demotion, shall have all rights of
appeal afforded employees solely as to the question of whether
the elimination or modification was arbitrary and capricious.
Section 9. (a)(1) The mayor or city manager, in
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Section 9. (a)(1) The mayor or city manager, in
consultation with the director and department heads, shall
adopt rules, policies, and procedures for employees and
compile them in an employee handbook that shall be amended
from time to time. All such rules, policies, and procedures
will be effective immediately upon adoption by the mayor or
city manager in consultation with the human resources director
and department heads.
(2) The employee handbook, and any amendments thereto,
shall be periodically reviewed by the council, which, by
resolution, may direct reissue of an updated edition.
(3) All rules, policies, and procedures shall be
consistent with any state or federal law that governs the
subject.
(4) At a minimum, the employee handbook shall contain
rules, policies, and procedures covering the following
subjects:
a. Accrual and use of sick leave. However, sick leave
of any employee in the regular service already accrued as of
the date of the adoption of this act shall in no wise be
diminished.
b. Accrual and use of personal leave or vacation time.
However, vacation time of any employee in the regular service
already accrued as of the date of the adoption of this act
shall in no wise be diminished.
c. Compensation, including accurate time-keeping,
payroll calculation, and overtime pay.
d. Military leave of absence, including leave for
National Guard and Reserve service.
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National Guard and Reserve service.
e. Jury duty or other court attendance.
f. Unpaid leaves of absence, including leave under the
Family and Medical Leave Act, and any other unpaid leave
mandated by law.
g. Holding other employment and outside work and
conflicts of interest related thereto.
h. Probationary status.
i. Promotion and open-competitive position posting,
applicant testing, eligibility determination, and register
ranking.
j. Handling grievances between employees that do not
rise to the disciplinary level.
k. Acts, omissions, or conduct that subject employees
to discipline, reporting infractions, disciplinary measures up
to termination, and appeals.
l. Employee performance reviews.
m. Reduction in force and reinstatement.
n. Resignation and retirement.
o. Benefits, including qualifying for medical coverage,
post-separation continuation of coverage, and retirement.
(b) The employee handbook shall indicate which rights
of employees and benefits do not apply or apply only in part
to probationary employees and employees and roles in the
exempt service.
(c) Each employee shall follow the rules, regulations,
codes of conduct, policies, and procedures set out by the
city, the infraction of which the city may impose disciplinary
action.
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action.
(d) Any department, in consultation with the mayor or
city manager and the director, may institute standard
operating procedures necessary to the work of that department
which govern the department's personnel and are not
inconsistent with the rules, policies, and procedures in the
employee handbook.
Section 10. (a) The city council, in consultation with
the director, mayor, or city manager, and other city personnel
it deems necessary, shall adopt by resolution a compensation
plan as the basis of compensation for employees in the service
of the city.
(1) The plan shall be constructed to provide fair
compensation for all classes in the classification plan and
exempt positions, taking into account the following factors:
a. Varying degrees of difficulty and responsibility in
work between classes.
b. Prevailing rates of pay and benefits for similar
employment in the area, in both the private sector and for
other municipalities.
c. The recruiting experience for each class.
d. The city's financial condition.
(2) The compensation plan shall contain the following
provisions:
a. Guidance for implementing and administering the
plan.
b. A pay grade for each class in the classification
plan, containing the minimum, maximum, and intermediate pay
steps within the class grade.
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steps within the class grade.
c. The time period measured for pay, indicating the
number of weekly hours or any other appropriate measure for
the class grade.
(b) Upon final adoption by the council, the plan shall
be certified by the director and disseminated to all
department heads and made available to all employees. The plan
shall go into effect 30 days after its adoption by the
council.
(c) The compensation plan shall be amended by one of
the following procedures:
(1) When the mayor and the council by resolution add a
new position to the classification plan and fix the salary
grade, the job description shall assign the position to the
appropriate pay grade.
(2) In the case of a proposed cost-of-living or other
compensation plan amendment that has been previously approved
in the council's annual budget, the council's approval of said
amendment in the annual budget shall obviate the need for a
separate resolution approving said amendment.
(d)(1) Each employee in the classified service shall be
paid at a rate set forth in the compensation plan for the
classification in which he or she serves.
(2) A new appointee to the regular classified service
shall normally be paid the minimum pay step within the pay
grade for the class in which the position falls, unless in the
discretion of the hiring authority and the director,
circumstances, skills, or experience dictate a higher pay
step.
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step.
(3) Salary advancements within a pay grade shall be
based on satisfactory job performance in the position as set
out in the employee handbook and shall be implemented
according to the administrative procedures in the compensation
plan. A performance rating reflecting satisfactory performance
shall be required for advancement. An employee with
uninterrupted satisfactory service shall be eligible for a
salary increase on an annual basis until the maximum step for
the pay grade is reached.
(4) In the event a regular employee is promoted,
demoted, or transferred pursuant to Section 11, his or her
rate of pay shall be determined as follows:
a. Upon promotion, the employee's regular base pay
shall determine the new rate in the promotional class. The new
rate shall be the larger of:
1. A one-step increase above the former rate; or
2. The entrance rate for the promotional class.
b. When an employee is demoted, compensation shall be
reduced to the salary prescribed for the class or grade to
which demoted or the step rate reduced if the employee remains
in the position. In no event shall the pay grade exceed the
maximum approved rate of the new classification.
c. When an employee is transferred from one department
to another, the step in the pay range shall be in accord with
the approved job description of the position to be occupied by
the employee. All transfers shall be approved by the
appointing authority.
(e)(1) Holidays are paid.
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(e)(1) Holidays are paid.
(2) The mayor, subject to council approval, shall
determine the holidays that employees shall observe.
(3) Employees on non-pay status, such as a leave of
absence or on paid military leave, shall not earn additional
time for holidays. All employees shall receive the same number
of holidays, and employees required to work on holidays shall
receive an equal amount of time off in compensation.
Section 11. (a)(1) Vacancies and newly created
positions in the regular service shall be filled either by
promotion, open-competitive, transfer, appointment, re-
appointment, demotion, or transfer as determined by the
appointing authority.
(2) When a vacancy exists for a regular position that
is not otherwise exempt from this act, the appointing
authority shall inform the director of the vacancy and whether
the position is a promotional or open position. The director
shall then certify to the appointing authority eligible
candidates from the appropriate list or, as otherwise
provided, in the manner and pursuant to the procedures as set
forth in the employee handbook. The appointing authority shall
then make an appointment from the names certified to him or
her.
(3) Vacancies in positions above the lowest rank in any
category in the classified service shall be filled as far as
practicable by the promotion of employees in the service
unless otherwise determined by the appointing authority. In
each case, the appointing authority, in consultation with the
human resources director, shall determine whether an
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human resources director, shall determine whether an
open-competitive or promotional examination will serve the
best interests of the service in attracting well-qualified
candidates. Promotions in every case must involve a definite
increase in duties and responsibility. The change of an
employee from a position in a class to a position in another
related occupational class for which the maximum rate is
higher shall be deemed a promotion.
(b)(1) Any appointment to a regular classified
position, whether filled by open-competitive, promotion,
appointment, or transfer, shall be subject to a probationary
period.
(2) The probationary period shall last one year from
the date of appointment with no interruption in service. The
probationary period may be extended for an additional six
months upon recommendation by the appointing authority and
approval by the director.
(3) A probationary employee may be discharged without
the right of appeal.
(4) A promotional probationary employee who is demoted
for unsatisfactory service may return to the position held
prior to promotion, if still vacant, without the right of
appeal. In the event the former position is filled, the mayor
or city manager shall determine the manner in which the
employee may be retained in the service, subject to the
provisions governing layoffs and reductions in force in the
employee handbook.
(5) On satisfactory completion of the probationary
period, an employee shall have all rights of appeal set forth
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period, an employee shall have all rights of appeal set forth
in Section 13 in case he or she is suspended, demoted, or
terminated.
(c)(1) A demotion occurs when a regular employee's
salary is reduced to a lower pay step or the employee is moved
from a position in one class to a position in another class in
which the maximum step in the pay grade is lower than the
employee's former salary.
(2) An employee may be demoted for any of the following
reasons:
a. The employee would otherwise be laid off because the
current position he or she fills is being eliminated or
reclassified to a different grade, there is a lack of work or
funds, or another employee is returning to the position from
an authorized leave.
b. The employee does not possess the necessary
qualifications to render satisfactory service in the position.
c. The employee is removed during probation.
d. The employee voluntarily requests the demotion.
e. The employee is demoted as a disciplinary action.
(3) A demotion shall be approved by the appointing
authority pursuant to the procedures adopted by the city. If a
non-probationary employee is demoted against his or her will,
he or she may appeal to the board as provided in this act.
(d) A transfer occurs when an appointing authority,
with or without the employee's request, assigns an employee in
the regular service under his or her supervision from one
position to another in the same class regardless of the shift,
location, hours of work, or another consideration.
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location, hours of work, or another consideration.
(e) An appointing authority may assign any employee in
the regular service under his or her supervision any duties as
long as the duties are within the same classification. Any
assignment of duties to an employee outside of the
classification of the employee's position shall be regarded as
temporary and shall receive prior approval from the mayor or
city manager and the director. Any transfer made pursuant to
this subsection shall be made with the retention of all rights
of seniority, vacation, sick leave, and overtime as the
employee may have accrued.
(f)(1) The mayor or city manager may authorize the
filling of a vacant position in the regular service by
temporary appointment.
(2) Any candidate for temporary appointment shall meet
the requirements, other than testing, for the position as
described in the classification plan.
(3) Temporary appointment may be for a period of up to
six months, subject to renewal by the mayor or city manager
every six months.
(g) The appointing authority shall not be bound by any
promotion list or eligible register to fill any vacancy for a
position or role in the exempt service. Further, an
appointment to the exempt service shall not confer any right
of status, appeal, or any related right under this act.
Section 12. (a) The tenure of every employee in the
regular service shall be conditioned on the satisfactory
conduct of the employee and the continued efficient
performance of assigned duties and responsibilities. A regular
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performance of assigned duties and responsibilities. A regular
employee may be dismissed, demoted, or suspended for cause or
for any reason deemed to be in the best interest of the public
service and shall have the right of appeal as set forth in
Section 13 of this act. The reasons for the action shall be
furnished in writing to the employee and the director.
(b) The following are among the causes which are
sufficient for dismissal, demotion, or suspension:
(1) Absence from work without leave.
(2) Conviction of any criminal act involving drugs,
alcohol, violence against a person, theft, embezzlement, moral
turpitude, or any crime charged as a felony.
(3) Conduct unbecoming an employee in the public
service.
(4) Disorderly or immoral conduct.
(5) Incompetency or inefficiency.
(6) Insubordination.
(7) Intoxication while on duty or public intoxication
while off duty.
(8) Neglect of duty.
(9) Negligent or willful damage to public property or
waste of public supplies or equipment.
(10) Violation of any regulations, rules, or orders
published, made, or given by a supervisor or appointing
authority.
(11) Use of paid time and city property for personal
reasons, including other employment or a private business
venture.
(12) Failure to maintain certifications or pursue
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(12) Failure to maintain certifications or pursue
continuing education to perform the duties of the position.
(13) Inappropriate comments or behavior towards
coworkers, including behavior that exposes the city to
liability.
(14) Any other reason deemed in the best interest of
the public service.
(15) Any other reason set forth in the employee
handbook.
(c)(1) When an employee is suspended, demoted, or
terminated, the employee shall be notified in writing prior to
or on the date the disciplinary action is to take effect, and
the notice shall contain all of the following:
a. The reason for the disciplinary action.
b. The discipline imposed.
c. In the case of suspension, the starting and ending
dates or, in case of demotion or termination, the effective
date.
d. Any other information deemed appropriate.
(2) A copy of the notice shall be delivered by the
appointing authority to the director at the same time the
notice is served on the employee. Notification shall be made
prior to or on the date the dismissal or demotion is to take
effect, or as soon as practicable thereafter.
(d) A non-probationary regular employee who is demoted
or terminated shall have a right of appeal pursuant to
subsection 13(a). A non-probationary regular employee who is
suspended may have a right of appeal as provided in
subdivision (e)(2).
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subdivision (e)(2).
(e)(1) Suspension is typically without pay and is
imposed by an appointing authority for a definite number of
working hours on a predetermined work date with inclusive
starting and ending dates.
(2) The suspended regular employee shall have a right
to an appeal and hearing before the board in a case in which a
single suspension exceeds 40 work hours or where separate
suspensions imposed within one calendar year total more than
80 work hours.
(3) Any employee who is suspended for any period,
including anyone employed in an exempt position, may obtain a
review of any suspension imposed by filing with the mayor or
city manager, not more than two days after receiving written
notice of the suspension, a written answer to the charge and a
request for review.
(f) A regular employee serving a probationary period
may be suspended, demoted, or terminated by an appointing
authority without right of appeal to the board.
Section 13. (a) A regular employee may appeal
suspension pursuant to subdivision 12(e)(2), or demotion, or
termination by filing with the director within 10 calendar
days of receiving the disciplinary notice a written answer to
the charge with a request for a hearing that contains all of
the following:
(1) A copy of the disciplinary notice provided in
subsection 12(c).
(2) An admission or denial of the charge in the
disciplinary notice.
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disciplinary notice.
(3) If the employee admits the charge in whole or in
part, the reason why the discipline is inappropriate.
(b) Upon receiving the answer, the director shall
forward a copy to the board.
(c) The city, as principal of the appointing authority
who imposed the suspension, demotion, or termination, shall be
the responding party.
(d) The effective date of the disciplinary action shall
not be stayed pending the hearing.
(e)(1) The board shall order a public hearing of such
charges. The hearing shall be for the purpose of determining
whether or not the employee, by reason of his or her act or
acts as charged and his or her record of service, merits
retention in the service or should be removed therefrom or
otherwise disciplined; and to that end the board shall not be
bound by the technical rules of evidence but shall diligently
seek all the information bearing on the merits of the case.
Each party at interest may be represented by counsel.
(2) The hearing may be before the board or a hearing
officer appointed by the board. If the matter is heard by a
hearing officer appointed by the board, the hearing officer
shall be a practicing attorney licensed in the State of
Alabama and shall take testimony offered in support and denial
of such charges and, from the same, submit to the board within
five days a finding of facts involved and a recommended
decision. The board at its next regular or special meeting
shall consider the report and set aside or affirm the report
and certify its findings to the appointing authority who shall
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and certify its findings to the appointing authority who shall
forthwith put the same into effect. If the board hears the
charges, it shall make its own opinion and decision.
(3) Discovery may be obtained by one or more of the
methods provided under the Alabama Rules of Civil Procedure,
including written interrogatories, depositions, requests for
production of documents or things for inspection or copying,
and requests for admissions addressed to parties. The Alabama
Rules of Civil Procedure may be used as a general guide for
discovery practices and proceedings before the board. However,
the Alabama Rules of Civil Procedure shall be deemed to be
instructive rather than controlling. A party seeking discovery
from another party shall initiate the process by serving a
request for discovery on the other party.
(4) When a request for discovery is directed to an
officer or employee of the city, the city shall make the
officer or employee available on official time for the purpose
of responding to the request and shall assist the officer or
employee as necessary in providing relevant information that
is available to the city. A party seeking discovery from a
nonparty officer or employee of the city shall initiate the
process by serving a request for discovery on the nonparty
officer or employee. Discovery from other nonparties may be
initiated by serving a request for discovery on the nonparty
directly. Absent a request or upon failure to obtain voluntary
cooperation, discovery from a nonparty may be obtained by a
written motion directed to the board or a hearing officer
appointed by the board showing the relevance, scope, and
materiality of the particular information sought. In addition,
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materiality of the particular information sought. In addition,
in the case of a deposition, the written motion shall include
the date, time, and place of the proposed deposition.
(5) The board may require that testimony introduced at
hearings be recorded, but testimony shall not be transcribed
except upon further order.
(6) The board shall render its decision within 10
calendar days after the conclusion of the hearing which shall
forthwith be certified to the appointing authority and
enforced by the appointing authority. Copies of the decision
shall be delivered to all other parties at interest. The board
may rescind or uphold the penalty imposed by the appointing
authority as warranted by the facts adduced at the hearing.
(f)(1) The order containing the decision of the board
may be appealed by either party to the Circuit Court of Shelby
County.
a. The appeal shall be perfected by filing a notice of
appeal in circuit court no later than 10 days after the
release of the board's decision.
b. The notice shall state that the party appeals the
board's decision to the circuit court with a short statement
of the reason therefor.
c. The notice shall be accompanied with a bound
transcript of the board hearing and any exhibits or with a
receipt from a court reporting service as proof that the
hearing is being transcribed.
d. In the case of an appeal challenging the board's
decision to uphold the discipline of an employee, a copy of
the notice of appeal shall be served on the director within
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the notice of appeal shall be served on the director within
one day of its filing in circuit court.
(2) The decision of the board shall not be stayed
pending the circuit court's decision.
(3) The circuit court shall not reverse the order of
the board unless it finds one of the following:
a. The board's decision was arbitrary and capricious.
b. The board's decision was against the great weight of
the evidence.
c. The board's decision was the product of fraud.
d. The board's application of the law was clearly
erroneous in a case in which the board's decision was
determined by that question of law.
Section 14. (a) The following politically related
activities related to city employees shall be regulated as
follows:
(1) No individual shall use the authority of his or her
position with the city to secure for any other individual an
appointment to a position, an increase in pay, or any other
advantage in employment for the purpose of influencing the
vote or political action of that individual.
(2) No individual employed by the city, whether in the
regular or exempt service, shall be denied the right to
participate in city, county, state, or national political
activities to the same extent as any other resident of the
State of Alabama, including endorsing candidates and
contributing to campaigns.
(3) An individual employed by the city may join local
political clubs and organizations and state or national
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political clubs and organizations and state or national
political parties.
(4) An individual employed by the city may advocate on
public issues outside of work hours, including circulating
petitions, taking positions on referenda, and contributing
money and time to candidates and causes.
(5) No individual employed by the city shall engage in
political activity while on duty or while in uniform that
identifies the individual as a city employee.
(6) No individual shall use his or her political office
or position for the purpose of influencing the vote or
political action of any city employee.
(b)(1) A regular employee who seeks election to a
public office shall resign his or her position with the city
upon qualifying as a candidate for nomination or election by
submitting a written resignation to the appointing authority
and the director stating the purpose of the resignation.
(2) The employee whose candidacy is unsuccessful may be
re-appointed to his or her former position, having been deemed
to be on an unpaid leave of absence, if all of the following
conditions are met:
a. Within 180 days succeeding the day of resignation,
the employee requests reinstatement to the eligible list for
the position.
b. The position has not been filled between the day of
resignation and the day of the request for reinstatement.
Section 15. On the effective date of this act, the
following shall be preserved:
(1) A serving board member shall serve to the
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(1) A serving board member shall serve to the
completion of the term for which the board member was elected
or appointed.
(2) Any employee holding a regular position shall
continue with the status of a regular employee in the
classified service as provided in Section 6.
(3) Sick or personal leave already accrued by an
employee shall not be reduced.
(4) Any compensation plan previously adopted by the
city shall remain in effect until it is replaced or amended as
provided in Section 10.
Section 16. Act 89-189 of the 1989 Regular Session
(Acts 1989, p. 186), and the succeeding amending acts, Act
2001-906 of the 2001 3rd Special Session (Acts 2001, p. 748)
and Act 2015-419 of the 2015 Regular Session (Acts 2015, p.
1263), relating to a civil service system for the City of
Pelham in Shelby County are repealed.
Section 17. This act shall become effective on October
1, 2024.
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1, 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-Feb-24.
John Treadwell
Clerk
Senate 25-Apr-24 Passed
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