§ 45-37-121.19 — Dismissals, Demotions, Suspensions, and Appeals

Alabama § 45-37-121.19

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37: Jefferson County
• Art. 12: Employees
• Part 2: Civil Service System

Text

(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 denial of such charges and from the same enter a finding of facts and conclusions of law and render a decision. All proceedings at the hearing shall be recorded by a competent stenographer or mechanical recording device. In all disciplinary appeal hearings, the panel shall render its opinion and decision in accordance with this section. If the panel finds the employee not guilty, the panel shall order the reinstatement of the employee under such conditions as the panel may determine. If the panel finds the employee guilty, the panel shall determine whether the employee shall be dismissed, demoted, suspended, or otherwise disciplined. The agreement of at least two panelists shall be required for a final decision of the panel. The panel’s decision shall be certified to the appointing authority which shall forthwith put the same into effect. The decision of the panel based upon all proceedings before the panel shall be final subject to appeal by either party to the circuit court to review questions of law and the question of whether or not the decision or order of the panel is supported by the substantial and legal evidence. On such appeal the circuit court shall review the record and shall affirm, reverse, remand, or render the cause. The decision of the panel shall be controlling until reversed on appeal as provided for herein. The appeal shall be perfected by filing with the director of personnel a statement in writing signed by the party appealing to the effect that the party appeals from the decision or order of the panel to the circuit court, which statement shall be filed within 10 days from the announcement of the decision or order of the panel; provided further, that the party taking an appeal shall file with the clerk of the circuit court security for costs in an amount approved by any judge of the circuit court, which security for costs may consist of a cash deposit or a bond executed by such party appellant and a surety or sureties approved by the circuit clerk. Such security for costs shall be filed by the party taking the appeal within 10 days from the announcement of the decision or order of the panel. Within 10 days from the filing of such statement of appeal the director of personnel shall forward to the circuit clerk the original or copies of charges preferred and the answer filed to such charges and a complete transcript of all the proceedings before the panel at such hearing. In the event the director is unable to complete such transcript of all proceedings within 10 days, the presiding judge of the circuit court shall allow the director such additional time as may be necessary to do so. In the event copies of the charges and answer are forwarded to the circuit clerk instead of the originals, the director of personnel shall certify that the copies are true and correct copies of the originals. The personnel board shall make no charge for furnishing the copy of the record required by the circuit court.
(b) Upon receipt of the papers the circuit clerk shall present the same to the presiding judge of the circuit court or the circuit judge sitting in place of the presiding judge if the regular presiding judge be absent; and the presiding judge or the judge sitting in his or her absence shall assign the case so appealed to three circuit judges of the circuit who shall jointly review the record of the hearing before the panel. The presiding judge or the judge sitting in his or her absence in the order assigning such case for review shall designate one of the three judges to whom the case is assigned as presiding judge of such panel. Any such appeal shall be considered and determined as a preferred case in the circuit court. The opinion of a majority of three judges to whom such case is assigned shall be determinative of the case and there shall be no appeal to any appellate court of Alabama. The cost of appeal shall be taxed against the unsuccessful party. If any employee shall willfully refuse or fail to appear before any board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or answer any question relating to the affairs of government or the conduct of any officer or employee on the ground that his or her testimony or answers would tend to incriminate him or her, or shall refuse to waive immunity from prosecution on account of any matter about which he or she may be asked to testify at any such hearing or inquiry, he or her shall forfeit his or her position and shall not be eligible for appointment to any position under the jurisdiction of this part. An appointing authority may, from time to time, preemptorily suspend any employee without pay or other compensation, and without the right of a hearing, as punishment for improper behavior, but any one suspension shall not exceed five days and the total suspension by such appointing authority of such person shall not exceed 10 days in any year of service. Such suspension with loss of pay may be effected only by service upon the employee by the appointing authority of written charges setting out clearly the delinquency for which such suspension was made, a copy of which shall be at the same time mailed or delivered to the director. The suspended employee shall have the right to file with the board and the appointing authority a written answer or explanation of such charges and, in the case of an employee suspended for more than five days, an appeal from the action shall be heard by the panel as in the case of a dismissal or demotion.

Legislative History

(Acts 1945, No. 248, p. 376, §22; Acts 1971, No. 1600, p. 2754, §1; Acts 1977, No. 679, p. 1176, §1; Acts 1977, No. 684, p. 1183, §9; Act 2008-408, p. 801, §3.)