Code of Alabama

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45-49-120.16
Section 45-49-120.16 Demotions. An appointing authority, upon giving written notice, stating
reasons, to and with the approval of the director, may demote a classified employee under
his or her jurisdiction from a position in one class to a position in a lower class. (Acts
1939, No. 470, p. 198, § 17.)...
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45-35A-51.13
Section 45-35A-51.13 Filing vacancies. When any vacancy occurs in the classified service, the
director, subject to the approval of the personnel board, may direct the filling of such vacancy
by appointment, promotion, reappointment, transfer, or demotion, where practical. (1) APPOINTMENT:
When it is necessary to fill a vacancy by appointment, the appointing authority shall submit
to the director a personnel requisition containing a statement of the title of the position
and the desired qualifications of the person to be appointed, and request the director to
certify to him or her the names of persons eligible for appointment to the position. The director
shall certify to the appointing authority the names of three ranking eligibles from the most
appropriate register, and if more than one vacancy is to be filled, the name of one additional
eligible for each additional vacancy, or if agreeable to the appointing authority, all the
names on the register, if there is less than the...
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45-37-121.13
Section 45-37-121.13 Examinations. The director shall prepare and conduct examinations to determine
the merit, efficiency, and fitness of applicants for positions. Such examinations shall be
thorough and practical and shall relate to those matters which fairly test the relative capacity
and fitness of the person examined to discharge the duties of the position he or she seeks.
Whenever there is a vacancy in a position in the classified service where peculiar and exceptional
qualifications of a scientific, professional, or educational character are required, and upon
satisfactory evidence that for specified reasons competition in such special case is impracticable
and that the position can best be filled by the selection of some designated persons of high
and recognized attainments in such qualities, the board, upon recommendation of the director,
may suspend the examination requirements in such case, but no suspension shall be general
in its application to such place or position, and...
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45-28-121.03
Section 45-28-121.03 Applicability. (a) This part shall apply to all officers and employees
in the service of the county except: (1) Elective officers. (2) Members of appointive boards,
commissions, and committees. (3) All employees and appointees of the county board of education,
or persons engaged in the profession of teaching or in supervising teaching in the public
schools. (4) Attorneys, who with the express or implied permission of any appointing authority
or the county, hold themselves out for employment by others in the same or like line of work
as that performed by them for such appointing authority. (5) 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 such law remains effective. (6) Chief clerks, chief deputies, the
county engineer, the road foreman, the personnel director, the shop foreman, chief appraisers,
and/or any other declassified personnel as defined by the rules...
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45-30A-50.15
Section 45-30A-50.15 Lay off of employees. Any employee may be separated from his or her position
by being laid off. Reduction in the number of employees shall be made in such class or classes
as the appointing authority may designate; provided, however, within each class affected by
such reduction employees shall be laid off in the following order: (1) Temporary employees
who did not have permanent status in some other position in the classified service at the
time they were appointed to their present position. (2) Probationary employees who did not
have permanent status in some other position in the classified service at the time they were
appointed to their present position. (3) Other temporary employees. (4) Other probationary
employees. (5) Employees having permanent status in the position in the classified service.
(Act 1973, No. 465, p. 663, §16.)...
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45-35A-51.11
Section 45-35A-51.11 Compensation plan. The director shall prepare and recommend to the board,
after consultation with the appointing authority and other officers, a uniform compensation
plan for all employees in the classified service. The plan shall include, for each class of
positions, a minimum and maximum rate not inconsistent with such rate or rates as may be fixed
by law, in other specific instances. The director, in establishing such rates, shall give
consideration to the experience in recruiting for positions in the classified service, the
prevailing rates of pay for comparable services in public and private employment, living costs,
maintenance or other benefits received by employees, and the financial condition of the city.
Such compensation plan shall take effect when approved by the board, and may be thereafter
modified or revised at the pleasure of the board. Each employee in the classified service
shall be paid initially at the minimum rate fixed in the compensation plan...
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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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36-26-38
Section 36-26-38 Political activities prohibited. (a) No person shall be appointed or promoted
to or demoted or dismissed from any position in the classified service or in any way favored
or discriminated against with respect to employment in the classified service because of his
political or religious opinions or affiliations. No person shall seek or attempt to use any
political endorsement in connection with any appointment to a position in the classified service.
No person shall use or promise to use, directly or indirectly, any official authority or influence,
whether possessed or anticipated, to secure or attempt to secure for any person an appointment
or advantage in appointment to a position in the classified service or an increase in pay
or other advantage in employment in any such position for the purpose of influencing the vote
or political action of any person or for any consideration. No employee in the classified
service and no member of the board shall, directly or...
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45-8-120.11
Section 45-8-120.11 Probationary term of employment. Normally, all appointments to jobs or
positions assigned to the classified service shall be probationary for a period of six months
from the date of an individual's initial hire date. Before the expiration of the probationary
period, the appointing authority may discharge any probationer in his or her department or
office upon written notification to the board. If the probationer is not discharged before
the expiration of his or her probationary period, his or her appointment shall be deemed complete
and he or she shall be designated as a regular status employee in the classified service of
the county. (Act 96-479, p. 595, §12.)...
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45-28-121.08
Section 45-28-121.08 Demotion, dismissal, suspension, or reductions in pay. (a) No employee
in the classified service may be demoted, dismissed, suspended, or reduced in pay without
just cause. (b) Any employee in the classified service who has been demoted, suspended, dismissed,
or reduced in pay, shall be entitled to receive a written statement of the reasons for such
action from the appointing authority within three working days, and he or she shall have three
working days time thereafter within which to file an answer in writing thereto. A copy of
such charges and answer shall be filed with the personnel director. In the event the employee
files an answer, a copy of the written charges and of such answer shall be transmitted by
the personnel director to the personnel board. Within 10 working days from the date of the
filing of his or her answer to the written charges, or in the event such written charges have
not been made available to him or her within the time prescribed, then...
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