45-35A-51.20
Section 45-35A-51.20 Discharges. (a) The appointing authority may discharge an employee in
the classified service, whenever he or she considers the good of the service and the welfare
of the city will be best served thereby, by making and filing in his or her office an order
to that effect together with the reasons assigned for the discharge, however, the power to
discharge shall not be capriciously or arbitrarily exercised in any case; a copy of such order
and the reasons assigned shall be served upon each the employee and the director before the
effective date thereof; and a copy served upon the director shall be filed and retained in
the office as a public record. The discharged employee, within 10 days after receipt of the
discharge notice, may appeal the action of the appointing authority to the board, by filing
a written answer to the chair with a demand for a hearing. It shall be the duty of the board
to fix a time and place for hearing on the appeal, and to give notice thereof...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply only in Blount
County, Alabama. (b) As used in this section, unless the context clearly requires a different
meaning: (1) "County" means Blount County; (2) "Municipality" means any
municipality in Blount County; (3) "Employee" means any person, including law enforcement
officers, not excepted by subsection (c), who is employed in the service of Blount County
or any municipality of Blount County or any board, agency, or instrumentality thereof; (4)
"Merit employee" means any such employee who shall have completed one year of probationary
employment; (5) "Board" means the merit system board created by this section; (6)
"Appointment authority" means in the case of employees in the offices of the elected
officials of the county or of a municipality, such elected officials, and means, in the case
of all other county or municipal employees, the county or municipal governing body, or the
board or other agency...
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45-30A-50.17
Section 45-30A-50.17 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. An 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 seven days of the
date on which the disciplinary action was taken and request a hearing before the board. Within
seven days after receipt of the protest, his or her appointing authority shall file with the
chair of the board and mail to the employee by certified mail a...
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45-8A-22.13
Section 45-8A-22.13 Removal, suspension, or discharge; appeal; charges; hearings, investigations,
and proceedings. (a) The appointing authority can remove, discharge, or demote any civil service
employee or grandfathered employee provided that within five days a report in writing of such
action is made to the board, giving the reason for such removal, discharge, or 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...
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45-8A-112.13
Section 45-8A-112.13 Removal discharge, or demotion of employee; proceedings. (a) Any permanent
employee subject to this part may be removed, discharged, or demoted by his or her appointing
authority, provided that within five days the appointing authority makes a report in writing
of the action to the board, giving the reason for the removal, discharge, or demotion. The
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 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...
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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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36-26-27
Section 36-26-27 Dismissals and disciplining of employees generally. (a) An appointing authority
may dismiss a classified employee whenever he considers the good of the service will be served
thereby, for reasons which shall be stated in writing, served on the affected employee and
a copy furnished to the director, which action shall become a public record. The dismissed
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, if demand is made in writing by the dismissed employee within 10 days after notice
of discharge, order a public hearing and, if the charges are proved unwarranted, order the
reinstatement of the employee under such conditions as the board may determine. Upon a majority
vote of the board, the board may impose a punishment other than termination including but
not limited to a reinstatement with forfeiture of back wages and...
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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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45-31-120.17
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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45-37A-51.05
Section 45-37A-51.05 Retirement and relief fund. (a) For the purpose of the deductions from
salary provided for in this section, the salary of a fireman or policeman shall be deemed
to be the same as his or her salary is for the purpose of payroll deductions provided for
in Section 9 of Act 929. (b)(1) At the end of each payroll period after the effective date
of this subpart, the City of Birmingham shall deduct from the salary of each firefighter police
officer who commenced service on or after May 2, 1978, an amount equal to three and 30/100
percent of his or her salary plus an actuarially determined amount to cover one-half of the
cost of providing a retirement benefit after 20 years of credited service. This amount shall
not exceed the amount necessary to fund the additional cost over a period of 30 years, and
shall be deposited into the supplemental pension system; provided, however, the city shall
not make any such deduction from the salary of any firefighter or police officer...
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