§ 36-26-10 — Exempt, Unclassified, and Classified Service Defined; Applicability of Certain Provisions

(a) Positions in the service of the state shall be divided into the exempt, the unclassified, and the classified service.
(b) The exempt service shall include
all of the following
:
(1) Officers elected by the vote of the people.
(2) Officers and employees of the Legislature.
(3) All employees of a district attorney’s office.
(4) Members of boards and commissions, whether appointed or self-perpetuating, and heads of departments required by law to be appointed by the Governor or by boards or commissions with the approval of the Governor.
(5) All officers and employees of the state’s institutions of higher learning, teacher-training institutions and normal schools, educational, eleemosynary
,
and correctional institutions which are governed and controlled by boards of trustees or similar governing bodies, and secondary agricultural schools and vocational schools.
(6) All inmate help in all charitable, penal, and correctional institutions.
(7) All commissioned and warrant officers and enlisted personnel of the national guard and naval militia of the state in their respective military and naval grades.
(8) The Governor’s private secretary, legal advisor, recording secretary, and those employees of the Governor’s office paid exclusively out of the Governor’s Emergency or Contingent Funds.
(9) The employees of the Alabama State Port Authority engaged in railroad service and subject to the provisions of an act of Congress known as the Railway Labor Act as amended or as it may hereafter be amended.
(10) For each agency, up to
three
employees in addition to any other exempt positions as otherwise allowed by law; provided
no classified employees or positions are eliminated and
these positions may not be occupied by the head of an agency.
(11) For the Department of Conservation and Natural Resources, the Department of Corrections, the Department of Human Resources, the Department of Mental Health, the Alabama Department of Public Health, the Department of Revenue, the Department of Transportation, and the Alabama State Law Enforcement Agency, one employee in addition to the number of employees provided for in subdivision (10), and in addition to any other exempt positions otherwise allowed by law, provided this position may not be occupied by the head of an agency.
The services listed in this subsection as exempt shall in no respect be subject to the provisions of this article, anything to the contrary notwithstanding.
(c) The unclassified service shall include:
(1) One confidential assistant or secretary for each board, commission
,
and elected officer and, when requested by the Governor, for each department head appointed by the Governor; and
(2) All employees of the Governor’s office not exempted. The positions in the unclassified service enumerated in this subsection may at the request of the appointing authority be filled by classified employees. Each of the employees thus appointed, at the conclusion of his or her occupancy of such position, shall resume his or her previous status in the classified service.
(d) The classified service shall include all other officers and positions in the state service.
(e) Except as to services denominated as exempt or unclassified services in subsections (b) and (c), the Governor shall have the power by executive order to extend the provisions of this article to include additional positions or classes of positions.
(f) Employees in the unclassified service shall be subject to the same rules
of employment as apply to employees in the classified service except as to appointment and dismissal.

Legislative History

(Acts 1939, No. 58, p. 68, § 10; Acts 1939, No. 554, p. 876, §1; Code 1940, T. 55, §301; Acts 1943, No. 349, p. 332, §1; Acts 1991, No. 91-479, p. 867, §1; Act 2015-478, p. 1643, §1; Act 2023-538, §1.)