This text of Alabama § 45-58A-70.21 (Tenure of Employees) 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 classified service shall be conditioned on the satisfactory conduct of the employee and the continued efficient performance of assigned duties and responsibilities. An employee serving a probationary period may be disciplined or dismissed by an appointing authority without right of appeal. The reasons for the action shall be furnished in writing to the employee and the director. A permanent 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–70.22.
(b)The following are among the causes which are sufficient for dismissal, demotion, or suspension:
(2)The commitment of any criminal
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(a)
The tenure of every employee in the classified service shall be conditioned on the satisfactory conduct of the employee and the continued efficient performance of assigned duties and responsibilities. An employee serving a probationary period may be disciplined or dismissed by an appointing authority without right of appeal. The reasons for the action shall be furnished in writing to the employee and the director. A permanent 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–70.22.
(b)
The following are among the causes which are sufficient for dismissal, demotion, or suspension:
(1)
Absent without leave.
(2)
The commitment of any criminal act.
(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) For any other reason deemed to be in the best interest of the public service.
(c)(1) Notice of dismissal or demotion shall be in writing and shall set forth:
a. The cause of action.
b.
The date dismissal or demotion is to become effective.
c. 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.
(d) A department head may suspend without pay an employee in the classified service. In the event the suspension or suspensions do not exceed an aggregate of five calendar days as a singular offense or 10 days cumulative in any year of service, the employee shall not have the right of a hearing. If the suspension or suspensions exceed the five-day limitation for a single offense or 10–day cumulative limitation, a permanent employee may appeal as provided in Section 45–58A–70.22. The suspension shall be effected by service upon the employee by the department head 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.