§ 45-58A-11.10 — Employee Appointment and Retention

Alabama § 45-58A-11.10

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58A: Shelby County Municipalities
• Art. 1: Alabaster
• Part 2: Employees

Text

(a)(1) Vacancies and newly created positions in the regular service shall be filled either by open-competitive, transfer, promotion, appointment, reappointment, or demotion as determined by the appointing authority.
(2) When a vacancy exists for a regular position that is not otherwise exempt from this part, the appointing authority shall inform the director of the vacancy and whether the position is a promotional or open position. The director shall then certify to the appointing authority, eligibles from the appropriate list in the manner and pursuant to the procedures as set forth in the employee handbook. The appointing authority shall then make an appointment from the names certified to him or her.
(b)
Appointments to the regular service shall be one of the following types:
(1)
An appointment to a full-time regularly budgeted position made from a certified eligible register shall be a probationary period. The probationary period shall be an integral part of the examination process, and shall be utilized to evaluate the employee’s performance on the job and for dismissing any employee who does not meet the required standards of performance. The probationary period shall be one year from the date of appointment with no interruptions in service.
a. An employee in probationary status may be discharged without the right of appeal.
b.
A promotional probationer who is demoted for unsatisfactory service may return to the position held prior to appointment, if still vacant, without right of appeal. In the event the position is filled, the mayor or city manager shall determine the manner in which the employee shall be retained in the service, being closely guided by the provisions governing layoffs and reductions in force. The demoted employee may elect to separate from the service and have his or her name retained on the layoff list for the classification of the former position for a period not to exceed two years.
(2)
Employment of an eligible from an eligible register in a full-time regularly budgeted position, after the satisfactory completion of a probationary period, shall be a regular appointment, the suspension, demotion, or termination of which shall be subject to all rights of appeal as set forth in this part.
(3)
In the absence of an eligible register, or until such register is available, the mayor or city manager, for urgent need, may authorize the filling of a vacancy by provisional appointment. Any candidate for provisional appointment shall meet educational, experience, and related requirements set by the appointing authority. Provisional appointment shall be for a period of not more than nine months. Any provisional employee failing to qualify by examination shall be separated from the position after the appropriate eligible register is certified and the replacement appointed, or earlier at the direction of the mayor or city manager. The provisional appointment of an individual shall not confer on the appointee any rights of status, appeal, or related rights set forth under this part.
(c)
No officer or employee of any department of the city shall make or approve any payment for personal services to any person holding a position in the regular service not otherwise exempt from this part unless the position was filled from a certified list of eligibles approved by the director. The director may refuse to certify the payroll, voucher, or account of any ineligible person found to be performing the duties of a position.
(d)
The appointing authority shall not be bound by the list of eligibles to fill any vacancy set forth for positions in the exempt service. Further, an appointment to the exempt service shall not confer any right of status, appeal, or any related right under this part.
(e)
Vacancies in positions above the lowest rank in any category in the classified service shall be filled as far as practical by the promotion of employees in the service unless otherwise determined by the appointing authority. In each case, the appointing authority shall determine whether an open-competitive or promotional examination will serve the best interests of the service in attracting well-qualified candidates. Promotions in every case must involve a definite increase in duties and responsibility. The change of an employee from a position in a class to a position in another related occupational class for which the maximum rate is higher shall be deemed a promotion.
(f)(1) An employee may be demoted to a position of a lower grade or pay for which he or she is qualified for any of the following reasons:
a. The employee would otherwise be laid off because the position is being abolished or reclassified to a different grade, there is a lack of work or funds, or another employee returns to the position from an authorized leave.
b. The employee does not possess the necessary qualifications to render satisfactory service in the position.
c. The employee is removed during probation.
d. The employee voluntarily requests the demotion.
e. The employee is demoted for disciplinary reasons.
(2) All demotions shall be approved by the appointing authority and pursuant to the rules adopted by the city. If a nonprobationary employee is demoted against his or her will, he or she may appeal to the board as provided in this part.
(3) The involuntary change of an employee from a position in a class or job to another class or job for which the maximum rate is lower shall be deemed a demotion and shall be effected in accordance with this part.
(g) The appointing authority, at any time, may assign an employee in the regular service under his or her jurisdiction from one position to another in the same class regardless of the shift, location, hours of work, or other consideration as long as the workweek basis remains the same. Any transfer made pursuant to this subsection shall be made with the retention of all rights of seniority, vacation, sick leave, and overtime as the employee may have accrued.
(h) An appointing authority may assign any employee in the regular service under his or her jurisdiction any duties as long as the duties are within the same classification. No employee in the regular service may be assigned duties of a different class for a period in excess of one year. Any and all assignments outside the classification shall be immediately reported to the director and the mayor or city manager.

Legislative History

(Act 2013–316, p. 1100, § 11.)