§ 45-58A-11.12 — Appeals

Alabama § 45-58A-11.12

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

Text

(a)
An employee with regular status may appeal disciplinary action of dismissal, demotion, or suspension. The discipline imposed shall not be otherwise set aside during the pendency of the appeal. An employee desiring to appeal, within 10 calendar days after notice of disciplinary action, shall file with the director and the mayor or city manager a written answer to the charges and request a hearing. The answer shall contain the following:
(1)
The reason of dismissal, demotion, or suspension.
(2)
An admission or denial of guilt.
(3)
Reasons why the dismissal, demotion, or suspension should not take effect.
(b)(1) Upon timely appeal, the board shall forthwith order a hearing of the charges before a hearing officer appointed pursuant to board rules and this part. The hearing shall be solely for the purpose of determining whether substantial evidence supports the disciplinary action, and whether the employee, by reason of his or her act or acts as charged and his or her record of service, merits retention in the service or should be removed therefrom or otherwise disciplined. To that end, the hearing officer appointed shall not be bound by the technical rules of evidence but shall diligently seek all the information bearing on the merits of the case. The hearing officer appointed by the board shall be a practicing attorney licensed in this state who shall take testimony offered in support and denial of the charges and therefrom, and shall submit to the board and the parties, within 15 days, a finding of facts involved, interpretation of law and policy, and a recommended decision. Either party at interest may be represented by counsel.
(2)
The hearing officer shall have authority to permit discovery by any party in the hearing officer’s discretion, but shall, in all instances, hold the hearing within 30 calendar days of his or her appointment by the board unless otherwise continued by consent of the parties. As allowed by the hearing officer in his or her discretion, discovery may be obtained by one or more of the methods provided under the Alabama Rules of Civil Procedure, including, but not limited to, written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admissions addressed to parties, the time for response to which shall be set by the hearing officer. The Alabama Rules of Civil Procedure may be used as a general guide for discovery practices and proceedings. However, the Alabama Rules of Civil Procedure shall be deemed instructive rather than controlling.
(3)
When a request for discovery is directed to an officer or employee of the city, the city shall make the officer or employee available on official time for the purpose of responding to the request, and shall assist the officer or employee as necessary in providing relevant information that is available to the city. A party seeking discovery from a nonparty officer or employee of the city shall initiate the process by serving a request for discovery, signed by the hearing officer, on the nonparty officer or employee. Discovery from other nonparties may be initiated by serving a request for discovery signed by the hearing officer on the nonparty directly. Absent a request or upon failure to obtain voluntary cooperation with discovery from a nonparty the hearing officer appointed by the board shall have the right to issue subpoenas for production and attendance enforceable by the Circuit Court of Shelby County, Alabama. Further, the hearing officer may subpoena witnesses, other than character witnesses, for or against the employee upon written request. Employees in the regular service shall be required to attend and testify without subpoena.
(4)
The parties shall be present at the next regular or special meeting held by the board, who shall consider the report and may set aside the report and order a new hearing, or may rescind, modify, or increase the penalty imposed by the appointing authority as warranted by the facts adduced at the hearing, or affirm the report as written and certify its findings to the appointing authority who shall forthwith put the same into effect. At the meeting, the board may ask for summation statements from the parties, not to exceed 15 minutes per party, as to the recommended disciplinary recommendation of the hearing officer. The summation shall be limited to the finding of facts contained in the report of the hearing officer. The board shall render its decision at the meeting, unless by affirmative vote of the board, it continues the hearing to a date certain, notifying all parties of the continuation date.
(5) The decision of the board shall be final and may be appealed by either party to the circuit court to review questions of law and whether or not the decision or order of the board is supported by substantial and legal evidence. On the appeal, the circuit court shall not reverse the finding of the board unless it finds the decision was arbitrary and capricious, against the great weight of evidence, or otherwise invalid for reasons of fraud, and shall thereafter affirm, reverse, remand, or render the cause. The decision of the board shall be controlling until reversed on appeal as provided for herein.
(6) The appeal to the circuit court shall be perfected by filing a notice of appeal with the Circuit Court of Shelby County, signed by the party appealing, to the effect that the party appeals from the decision or order of the board to the circuit court and the reasons therefor, and same shall confer jurisdiction upon the court. The statement of appeal shall be filed within 10 calendar days from the announcement of the decision or order of the board, and the appeal shall be served on the director within two days of filing in the Circuit Court of Shelby County.

Legislative History

(Act 2013–316, p. 1100, § 13.)