HB243 By Representatives Pringle and Sessions RFD Mobile County Legislation Rd 1 16-FEB-16

A BILL TO BE ENTITLED AN ACT

Relating to Mobile County and the countywide civil service system; to amend Act No. 470 of the 1939 Regular Session (Acts 1939, p. 298), as amended, which establishes the countywide civil service system by amending Section II, relating to the unclassified service, and Section XXI, relating to layoffs; and to further provide options under the countywide civil service system for hiring by an appointing authority and to authorize payments to employees for excess annual leave.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections II and XXI of Act No. 470 of the 1939 Regular Session (Acts 1939, p. 298), are amended to read as follows:

"Section II. UNCLASSIFIED SERVICE: The following shall be in the Unclassified Service:

"(1) Officials elected by popular vote and, in case of death, resignation, or removal, their legal substitute;

"(2) Where by present law official duties of any officer mentioned in subdivision One of this section are or may be performed by a chief assistant appointed by him, such chief assistant;

"(3) Principals, supervisors, teachers and instructors in the Public Schools engaged in teaching and/or supervising teaching, and all employees of the Mobile County School Board;

"(4) The Personnel Director provided for by this Act;

"(5) Independent contractors receiving their remuneration from public funds under contract awarded by competitive bidding;

"(6) Persons in the "Classified Service" within the meaning of and subject to the State of Alabama merit system under any present or future law, and so long as any such law remains effective.

"(7) Common laborers not engaged in regular employment.

"(8) Attorneys, physicians, surgeons, and dentists employed in their professional capacities.

"(9) The Judge of any Court.

"(10) Members of Boards who are not employed on a full time basis and are not required to devote their services exclusively to such counties and cities therein.

"(11) Any person whose employment is subject to the approval of the United States Government or of any agency thereof and all employees who are funded by federal or state funds or private grants.

"(12) Chief hospital administrator and interns, student technicians, and student nurses while undergoing training in a hospital maintained by public funds.

"Section XXI. LAY-OFFS: In accordance with the Rules adopted under this Act an Appointing Authority may lay-off an employee in the Classified Service whenever he deems it necessary by reason of shortage of work or funds, or the abolition of a position or other material change in duties or organization. The seniority and service ratings of employees shall be controlling in determining the order of lay-offs. The order of lay-offs shall be determined by the appointing authority depending on the critical need for the position and service ratings of the employees. The Appointing Authority shall give written notice to the Director of every proposed lay-off a reasonable time before the effective date thereof, and the Director shall make such orders relating thereto as he considers necessary to secure compliance with the Rules. The name of every regular employee so laid off shall be placed on the appropriate re-employment list. The name of every regular employee laid-off shall be placed on the re-employment list of laid-off employees for the same classification position."

Section 2. Any appointing authority under Act 470 of the 1939 Regular Session, which establish a countywide civil service system in Mobile County, may elect to establish within the appointing authority a program for the recruitment, testing, interviewing, and hiring of all employees. An appointing authority making the election shall notify the Director in writing and provide a copy of the appointing authority's human resources policies and procedures manual adopted by the governing body or delegated authority of the appointing authority. The human resources policies and procedures manual may include personnel policy guidelines, operational standards, employee management, hiring and termination procedures, and equal employment opportunities/harassment policies in the workplace to ensure compliance with applicable federal regulations.

At the discretion of the appointing authority making the election provided in this section, any employee exceeding performance standards may be paid, during the working test period, at a rate up to but not in excess of the mid-range of the pay plan established for the position. Upon recommendation of the appointing authority and approval of the Personnel Director, special adjustments in steps within the grade or range of any class may be established.

Classified employees hired by the appointing authority electing this option shall be subject to all the rights and protections provided by the laws and rules of the Mobile County Personnel Board. Nothing in this section shall limit or impede the ability of a classified employee to file a complaint or grievance pursuant to the rules of the Personnel Board.

Any appointing authority availing itself of the option contained in this section shall be subject to an annual audit by the Personnel Board, conducted by a Certified Professional in Human Resources, to ensure compliance with the human resources policy of the Appointing Authority and the Personnel Board law and regulations.

Section 3. Each appointing authority under Act 470 of the 1939 Regular Session, which established a countywide civil service system in Mobile County, at its discretion, on a yearly basis, may elect to compensate all employees who elect to receive compensation for excess annual leave at the end of the calendar year. Excess annual leave is the amount of annual leave accumulated at the end of the calendar year that exceeds the employee's maximum allowed annual leave balance according to Rule III, Annual Leave, Section D, on the effective date of this act. The appointing authority, prior to October 1 of each year, shall inform the Personnel Board Director of its election to purchase excess annual leave. The notice to the Personnel Board of the appointing authority's election does not obligate the appointing authority to purchase excess annual leave or compensate employees. Excess annual leave payments can be made in whole or in part and under the terms and conditions as determined by the appointing authority. An employee will have the right to accept or reject participation in this benefit each year. All employees electing to participate shall receive an equitable share of the payout as determined by the appointing authority's budgeted amount for yearly payout, ability to pay, and financial condition at the time. An equitable share may consist of units of leave, dollars of total payout, or some other rational division. The employee may direct that excess annual leave be compensated in terms of pay or placed in a deferred compensation plan of the employee as defined by the appointing authority's benefit package.

Section 4. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 5. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Mobile County

Civil Service Systems

Counties

Municipalities

Acts Amended