11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-17A-82.09
a pre-disciplinary hearing before the mayor. If the regular status employee fails to request
a pre-disciplinary hearing within 10 days from receiving notice, the right to any pre-disciplinary
hearing shall be deemed waived. Regardless of whether or not the employee elects to have a
pre-disciplinary hearing with the mayor, if the mayor decides to suspend without pay, demote,
or dismiss the employee, the mayor shall give notice to the employee of the mayor's action
by providing notice by personal service, by United States Postal Service registered
or certified mail, with postage paid thereon, to the employee's last known address, or by
private mail carrier for overnight delivery, signature required, with postage prepaid thereon
to the employee's last known address. Such notice shall be in writing and shall inform the
employee of the right to contest the mayor's action by filing with the board a written notice
of contest, if the employee is not the head of a department, or with the...
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45-8A-71.13
working days from the time of written notification of his or her discharge, removal, or demotion
in which to appeal to the board. Upon receipt of the appeal, the board shall order the charges
or complaint to be filed with it in writing and shall hold a hearing on the charges. No permanent
employee, officer, or official of the city whose employment comes within the coverage of this
part, and whose probationary period has been served, 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 removal, discharge, or demotion is appealed to the board, then the action shall become
final only after a hearing upon written charges or complaint. At the hearing, the employee
shall have the opportunity to face his or her accusers and be heard in his or her own defense.
Pending a hearing on the appeal, the employee may be...
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45-8A-112.13
shall have 10 days from the time of notification of his or her discharge, removal, or demotion
in which to appeal to the board. The board shall thereupon order the charges or complaint
to be filed immediately in writing and shall hold a hearing de novo on the charges. No permanent
employee, officer, or official of the city whose employment comes within the jurisdiction
of this part, and whose probationary period has been served, 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; and if the removal, discharge, or demotion is appealed to the board, then
the same will become final only after a hearing upon written charges or complaint has been
had and after an opportunity has been given him or her to face his or her accusers and be
heard in his or her own defense. Pending a hearing on appeal, the affected...
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45-8A-130.13
shall have 10 days from the time of notification of his or her discharge, removal, or demotion
in which to appeal to the board. The board shall thereupon order the charges or complaint
to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent
employee, officer, or official of the city whose employment comes within the jurisdiction
of this part, and whose probationary period has been served, shall be removed, discharged,
or demoted except for some personal misconduct, of 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; and if such removal, discharge, or demotion is appealed to the board,
then the same will become final only after a hearing upon written charges or complaint has
been had and after an opportunity has been given him or her to face his or her accusers and
be heard in his or her own defense. Pending a hearing on the appeal, the...
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45-8A-22.13
demotion. The civil service employee or grandfathered employee shall have 10 days from the
time of notification of his or her discharge, removal, or demotion in which to appeal to the
board. The board shall thereupon order the charges or complaint to be filed forthwith in writing
and shall hold a hearing de novo on such charges. No permanent civil service employee or grandfathered
employee, whose probationary period has been served, 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;
and if such removal, discharge, or demotion is appealed to the board, then the same will become
final only after a hearing upon written charges or complaint has been had and after an opportunity
has been given him or her to face his or her accusers and be heard in his or her own defense.
Pending a hearing on appeal, the affected...
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45-5-120
shall be probationary for one year from the date of appointment. A probationary employee may
be discharged by the sheriff or a governmental entity at their pleasure at any time before
the expiration of one year from his or her appointment. After he or she shall have served
for one year in the position to which he or she was appointed or employed, such employee shall
become a merit employee. (k) The appointing authority shall have authority to suspend without
pay a merit employee for any personal misconduct, or fact, affecting or concerning
his or her fitness or ability to perform his or her duties in the public interest. In the
event a merit employee is suspended without pay for more than 30 days in any one year, he
or she shall be entitled to a public hearing by the board upon written demand filed within
five days from the date of the order of suspension. If, after hearing, the board determines
that the action of the appointing authority was not with good cause, the suspension...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court
by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the city may, within 10 days after the decision of the board is rendered, appeal to the
court from any decisions of the board affirming, imposing, or refusing to affirm or impose
dismissal or demotion as disciplinary action by filing notice of such appeal with the court
and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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