45-31-120.17
Section 45-31-120.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. Any employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within not less than seven
days and not more than 30 days of the date at which the disciplinary action was taken and
request a hearing before the board. Within 14 days after receipt of the protest, his or her
appointing authority shall file with the chair of the board and mail to...
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45-35-120.17
Section 45-35-120.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. Any employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within not less than seven
days and not more than 30 days of the date on which the disciplinary action was taken and
request a hearing before the board. Within 14 days after receipt of the protest, his or her
appointing authority shall file with the chair of the board and mail to...
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45-28-234.12
Section 45-28-234.12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The sheriff,
or the appointing authority to whom the sheriff has delegated such disciplinary powers, may
remove, discharge, suspend, or demote any employee in the classified service of the office
of the sheriff, provided that within five days thereof, a written report of such action is
made to the board, giving the reason or circumstances surrounding such disciplinary action.
If any aggrieved employee is suspended for more than three days, removed, discharged, or demoted,
he or she shall be entitled to a board hearing on such disciplinary action, upon written demand
thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt
of the written request therefor. All meetings of the board on disciplinary matters shall be
open to the public, and shall observe the aggrieved employee's right to...
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45-3-120.08
Section 45-3-120.08 Personnel board - Procedure for appeals. (a) The personnel board shall
hear all appeals from final personnel action as requested by an affected and eligible employee.
Eligible employees shall include regular status classified employees and may include other
employees as authorized by the county commission so long as the inclusion does not violate
the intent of this article. The board shall hear the appeals in accordance with guidelines
written by the board, with the advice of the Barbour County Commission. Final personnel action
shall include administrative action, action based on the rules, policies, and procedures of
the county, and disciplinary action. All appeals shall be made in good faith and timely filed.
Willfully filing an appeal based on false facts or solely for the purpose of harassment may
be grounds for disciplinary action. (b) Hearings before the personnel board shall not be evidentiary
hearings, or follow the formalities of a court of law, or require...
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45-42-122.03
Section 45-42-122.03 Power and duties of board. (a) The board shall adopt rules and regulations
to carry out the purposes of this part, and to provide for hirings, promotions, demotions,
suspensions, removals, disciplinary action, appeal, hearing, grievances, and the board may
from time to time make changes in its rules, regulations, and procedures. The head of each
department or office shall recommend for promotion persons to fill any vacancies that may
occur in his or her department or office. All promotions shall be made by the board. The board
shall have the authority to: (1) Classify the different types of service to be performed in
the departments and offices of the county. (2) Prescribe qualifications, including those of
character, education, training, and acquired and demonstrated experience, for appointees of
each class. (3) Define compensation schedules for the classification of services. (4) Allocate
each job in the service of the county to its proper classification. (b) The...
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11-44B-44
Section 11-44B-44 Probationary period for appointments. All appointments to covered jobs, including
promotions, demotions, and transfers, shall be on a probationary basis for a period of one
year from the beginning of employment. For those jobs in which the individual is required
to meet state minimum standards, the probationary period shall conclude upon fulfillment of
the standards or the passage of one year, whichever is later. A leave of absence will stay
the probationary period for the length of the leave. During a covered employee's probationary
period, a department head may discharge a probationer under his or her supervision by stating
in writing the reasons to the mayor. If the mayor disagrees with the discharge, he or she,
within five days of receipt of the written statement, may notify the department head and the
probationer of the time and place of a hearing to be conducted in regard to the discharge.
Upon failure of the mayor to so notify within five business days, the...
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45-2-120.08
Section 45-2-120.08 Personnel Appeals Board. (a) There shall be established the Baldwin County
Personnel Appeals Board. The board shall hear all appeals from final action as requested by
an affected employee. (b) The Baldwin County Personnel Appeals Board shall be composed of
five persons who are residents of the county. The members of the board shall be appointed
as follows: Two members shall be appointed by the county commission, two members shall be
selected by the classified employees using the procedure provided in this section. The fifth
member shall be selected by the other four members of the board within 30 days after the four
members of the board are selected and take office. In the event the four members of the board
cannot agree on a fifth member within 30 days, then the fifth member shall be selected as
follows: The members appointed by the county commission shall nominate one person and the
members selected by the classified employees shall nominate one person. From these...
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45-2-234.08
Section 45-2-234.08 Terms of office; oath; compensation; appeals procedures. (a) The original
members shall serve for the following terms: One for one year, one for two years, one for
three years, and two for four years, as determined by the drawing of lots. Thereafter, all
members shall serve for a period of four years. No person shall be appointed to the board
unless he or she is over the age of 18 years. (b) Members of the board shall take the constitutional
oath of office. Vacancies on the board shall be filled for the unexpired term of the vacant
position in the same manner as original appointments are made. The members of the board shall
elect a chair and secretary from among their members. Any member of the board who becomes
a candidate for, or is elected or appointed to, another public office of profit must vacate
his or her office as a member of the board. No board member shall be an elected official,
appointed employee, or employee of the county commission, or any municipal...
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45-11-231.10
Section 45-11-231.10 Removal, discharge, or demotion of merit employees; proceedings before
board; appeal. (a) The sheriff may remove, discharge, or demote any merit employee who is
directly under the sheriff, provided that within five days a report in writing of the action
is made to the board, giving the reason for the removal, discharge, or demotion. The employee
shall have 10 days within which to appeal to the board from the time of his or her notification
of removal, discharge, or demotion. If an appeal is filed, the board shall thereupon order
the charges or complaint to be filed forthwith in writing, if not already filed, and shall
hold a hearing de novo on the charges. No merit employee shall be removed, discharged, or
demoted except for some personal misconduct or fact rendering his or her further tenure harmful
to the public interest, or for some cause affecting or concerning his or her fitness or ability.
If the employee's removal, discharge, or demotion is appealed to the...
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36-26-28
Section 36-26-28 Suspensions. (a) An appointing authority may peremptorily suspend any employee
without pay or other compensation as punishment for improper behavior, but the suspension
or total suspension by the appointing authority of the person shall not exceed 30 business
days in any year of service. The suspension with loss of pay may be effected only by service
upon the employee by the appointing authority of written charges setting out clearly the reasons
for which the suspension is being considered. Within 10 business days, the employee must accept
the suspension or request a suspension hearing. If the employee requests a suspension hearing,
the appointing authority shall appoint an independent hearing officer to receive evidence
and issue a recommendation on the proposed suspension. The appointing authority may accept
or reject the recommendation of the hearing officer. If the appointing authority rejects the
recommendation, written justification for the rejection must be...
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