This text of Alabama § 45-58A-11.11 (Disciplinary Actions) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The tenure of every employee in the regular service shall be conditioned on the satisfactory conduct of the employee and the continued efficient performance of assigned duties and responsibilities. A regular employee may be dismissed, demoted, or suspended for cause or for any reason deemed to be in the best interest of the public service and shall have the right of appeal as set forth in Section 45–58A–11.12. The reasons for the action shall be furnished in writing to the employee and the director.
(b)The following are among the causes which are sufficient for dismissal, demotion, or suspension:
(1)Absence without leave.
(2)The commitment of any criminal act involving drugs, alcohol, violence against a person, theft, embezzlement, or any crime charged as a felony.
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(a)
The tenure of every employee in the regular service shall be conditioned on the satisfactory conduct of the employee and the continued efficient performance of assigned duties and responsibilities. A regular employee may be dismissed, demoted, or suspended for cause or for any reason deemed to be in the best interest of the public service and shall have the right of appeal as set forth in Section 45–58A–11.12. The reasons for the action shall be furnished in writing to the employee and the director.
(b) The following are among the causes which are sufficient for dismissal, demotion, or suspension:
(1)
Absence without leave.
(2)
The commitment of any criminal act involving drugs, alcohol, violence against a person, theft, embezzlement, or any crime charged as a felony.
(3)
Conduct unbecoming an employee in the public service.
(4)
Conviction of a criminal offense or of a misdemeanor involving moral turpitude.
(5)
Disorderly or immoral conduct.
(6)
Failure to pay or make proper provision for the liquidation of just debts.
(7)
Incapacity due to mental or physical disability of a permanent nature.
(8)
Incompetency or inefficiency.
(9)
Insubordination.
(10)
Intoxication while on duty or public intoxication while off duty.
(11)
Neglect of duty.
(12)
Negligence or willful damage to public property or waste of public supplies or equipment.
(13)
Violation of any regulations or orders published, made, or given by a superior officer.
(14)
Willful violation of this part.
(15)
Use of paid time for personal or business reasons other than the purposes for which hired.
(16)
Failure to maintain required objective certifications and other requirements necessary to perform the duties of employment.
(17)
For any other reason deemed to be in the best interest of the public service.
(c)(1) Notice of suspension, dismissal, or demotion shall be in writing and shall set forth the following:
a.
The cause of action.
b.
The discipline imposed.
c.
The dates suspension, dismissal, or demotion are to become effective.
d.
Any other information deemed appropriate.
(2) A copy of the notice shall be delivered to the director on the same day that the notice is served on the employee. Notification shall be made prior to or on the date the dismissal or demotion is to be effected, or as soon as practicable.
(d) The appointing authority may suspend without pay any employee under his or her supervision. In the event the suspension or suspensions do not exceed an aggregate of 40 working hours as a singular offense or 80 working hours cumulative in any year of service, the employee shall not have the right of a hearing. If the suspension or suspensions exceed the 40 working hour limitation for a single offense or 80 working hour cumulative limitation, a regular employee may appeal as provided in Section 45–58A–11.12. The suspension shall be effected by service upon the employee by the appointing authority of a written statement of the delinquency for which suspension was made with a copy delivered to the director. The suspended employee may file an answer with the board and the department head.
(e) An employee serving a probationary period may be disciplined, demoted, or dismissed by an appointing authority without right of appeal.
(f) Any employee suspended without right to a hearing may obtain a review of the suspension by the appointing authority by filing with the mayor or city manager, not more than two business days thereafter, a written answer to the charges and a request for the review.