Code of Alabama

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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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45-8-120.14
Section 45-8-120.14 Charges; investigation; hearing. Charges may be filed by any individual
against any employee covered by this article as follows: The charges must be in writing, must
set forth succinctly the matters complained of, and shall be sworn to before a member of the
board or any other person authorized to administer oaths. Upon receipt of such charges, the
board shall refer them to the appropriate appointing authority who shall make an investigation
of the charges along with the county attorney and take action as determined to be warranted
by the findings of his or her investigation. If the appointing authority's action involves
a demotion, suspension without pay, or dismissal of a regular status classified service employee,
such action shall be taken in accordance with Section 45-8-120.13. A written report of the
appointing authority's findings and action shall be submitted to the board within 15 calendar
days of his or her receipt of the charges from the board. If the...
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45-8-120.15
Section 45-8-120.15 Written appeal of board action; hearing. A regular status classified service
employee shall have 30 calendar days from his or her receipt of written notification of any
disciplinary action taken against him or her that involves a dismissal, demotion, or suspension
without pay in which he or she may file a written appeal of the action with the board. If
the employee chooses to file an appeal with the board, the action against the employee shall
not become final until the board holds a hearing on the employee's appeal. Within a reasonable
time after receipt of the employee's appeal, the board shall schedule and hold a public hearing
de novo on the charges against the employee and render a decision. The hearing shall be held
in accordance with this article and guidelines as established by the board. Both the employee
and the appointing authority, or their designated representatives, shall be afforded an opportunity
to present information concerning the action. The...
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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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45-31-120.17
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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45-8-120.16
Section 45-8-120.16 Open meetings and hearings of board. All meetings and hearings of the board
shall be open to the public. Notwithstanding the foregoing, when the good name and character
of an individual is to be discussed by the board at one of its meetings, or a written waiver
of public hearing signed by the affected employee, the appointing authority, or the citizen
complainant, as the case may be, is filed with the board, the board may, by majority vote
of its members, close a meeting or hearing and exclude the public. No other matter may be
discussed by the board, if a meeting or hearing has been so closed. In any proceeding before
the board, the county commission and appointing authorities, or their designated representatives,
and any other interested individual may appear and present information in their interests.
The board and its specially authorized representatives shall have the power to administer
oaths, take depositions, certify official acts, and issue subpoenas to...
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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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45-28-234.12
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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45-2-234.01
Section 45-2-234.01 Definitions. As used in this subpart, the following words have the following
meanings: (1) APPOINTED EMPLOYEE. A limited class of employees who serve at the pleasure of
the sheriff. These employees are the chief deputy, chief corrections officer, chief civil
deputy, financial officer, and personnel officer. (2) APPOINTING AUTHORITY. The Sheriff of
Baldwin County. (3) BOARD. The Sheriff's Office Personnel Appeals Board established by this
subpart. (4) COUNTY. Baldwin County. (5) EMPLOYEE. Any law enforcement officer, radio operator,
corrections officer, and law enforcement support personnel, not excepted by Section 45-2-234.02,
who is employed by the Sheriff of Baldwin County. (6) MERIT EMPLOYEE. Any employee who has
completed 12 months of probationary employment, either prior to transferring to the Sheriff's
Personnel Merit System, after transferring to the Sheriff's Personnel Merit System, or a combination
of both the county system and the Sheriff's Personnel Merit...
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