This text of Alabama § 45-58A-111.11 (Dismissals, Demotions, and Suspensions; Notice; Right of Appeal) 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–111.12. 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 from work without leave.
(2)Conviction of any criminal act involving drugs, alcohol, violence against an individual, theft, embezzlement, moral turpitude, or any crime charged a
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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–111.12. 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 from work without leave.
(2)
Conviction of any criminal act involving drugs, alcohol, violence against an individual, theft, embezzlement, moral turpitude, or any crime charged as a felony offense.
(3)
Conduct unbecoming an employee in the public service.
(4)
Disorderly or immoral conduct.
(5)
Incompetency or inefficiency.
(6)
Insubordination.
(7)
Intoxication while on duty or public intoxication while off duty.
(8)
Neglect of duty.
(9)
Negligent or willful damage to public property or waste of public supplies or equipment.
(10)
Violation of any regulations, rules, or orders published, made, or given by a supervisor or appointing authority.
(11)
Use of paid time and city property for personal reasons, including other employment or a private business venture.
(12) Failure to maintain certifications or pursue continuing education to perform the duties of the position.
(13) Inappropriate comments or behavior towards coworkers, including behavior that exposes the city to liability.
(14) Any other reason deemed in the best interest of the public service.
(15) Any other reason set forth in the employee handbook.
(c)(1) When an employee is suspended, demoted, or terminated, the employee shall be notified in writing prior to or on the date the disciplinary action is to take effect, and the notice shall contain all of the following:
a. The reason for the disciplinary action.
b. The discipline imposed.
c. In the case of suspension, the starting and ending dates or, in case of demotion or termination, the effective date.
d. Any other information deemed appropriate.
(2) A copy of the notice shall be delivered by the appointing authority to the director at the same time the notice is served on the employee. Notification shall be made prior to or on the date the dismissal or demotion is to take effect, or as soon as practicable thereafter.
(d) A non-probationary regular employee who is demoted or terminated shall have a right of appeal pursuant to Section 45–58A–111.12(a). A non-probationary regular employee who is suspended may have a right of appeal as provided in subdivision (e)(2).
(e)(1) Suspension is typically without pay and is imposed by an appointing authority for a definite number of working hours on a predetermined work date with inclusive starting and ending dates.
(2) The suspended regular employee shall have a right to an appeal and hearing before the board in a case in which a single suspension exceeds 40 work hours or where separate suspensions imposed within one calendar year total more than 80 work hours.
(3) Any employee who is suspended for any period, including anyone employed in an exempt position, may obtain a review of any suspension imposed by filing with the mayor or city manager, not more than two days after receiving written notice of the suspension, a written answer to the charge and a request for review.
(f) A regular employee serving a probationary period may be suspended, demoted, or terminated by an appointing authority without right of appeal to the board.