Code of Alabama

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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
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department may discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal, the mayor shall submit a written notice of the proposed action to the board
for regular status employees and to the city council for department heads and to the employee
giving the reason or reasons for the proposed action. The notice shall state the reasons for
the proposed disciplinary action of suspension without pay, demotion, or dismissal, shall
contain a short and plain statement of the facts showing the reasons for the proposed disciplinary
action, and shall inform the regular status employee that he or she has 10 days to request,
in writing, a pre-disciplinary hearing before the mayor. If the regular status employee fails
to request a pre-disciplinary hearing within 10 days from...
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45-8A-71.13
Section 45-8A-71.13 Employees, officers, or officials removed, discharged, or demoted; proceedings;
appeals. (a) The governing body of the city may remove, discharge, or demote any employee,
officer, or official of the city who is subject to this part and who is directly under the
governing body, provided that within five working 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 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...
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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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45-8A-130.13
Section 45-8A-130.13 Removal, discharge, or demotion of employee, officer, or city official;
proceedings. (a) The governing body of the city, any member of the governing body, or the
head of any department or office can remove, discharge, or demote any employee, officer, or
official of the city who is subject to this part and who is directly under such governing
body, member thereof, or department head, 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 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 employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served,...
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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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45-5-120
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-50.18
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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