Details for STATE OF ALABAMA COUNTY OF CALHOUN NOTICE

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STATE OF ALABAMA COUNTY OF CALHOUN NOTICE is hereby given that a bill substantially as follows will be introduced in the 2017 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made: A BILL TO BE ENTITLED AN ACT Relating to the Civil Service Board of the City of Jacksonville in Calhoun County; to amend Sections 45-8A-71.04, 45-8A-71.05, 45-8A-71.06, 45-8A-71.08, 45-8A-71.09, 45-8A-71.10, 45-8A-71.11, 45-8A-71.12, 45-8A-71.13, 45-8A-71.14, and 45-8A-71.15, Code of Alabama 1975, to clarify that the minimum age of a board member is 25; to provide further for the compensation of board members; to provide that certain actions of the board are subject to the approval of the Jacksonville City Council; to provide for the maintenance and review of employee personnel files; to provide further for the review, examination, and registration of job applicants; to provide further for the filling of job vacancies from qualified applicants; to provide further for the discharge of unsatisfactory probationary subordinate employees and the suspension of employees for personal misconduct; to provide further for the authority of the mayor and administrator when charges filed against an employee are of a minor nature; to require the city council to provide a board office within the city in lieu of within city hall; and to prohibit any person dismissed from service for willfully violating civil service rules and regulations from being reappointed. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 45-8A-71.04, 45-8A-71.05, 45-8A-71.06, 45-8A-71.08, 45-8A-71.09, 45-8A-71.10, 45-8A-71.11, 45-8A-71.12, 45-8A-71.13, 45-8A-71.14, and 45-8A-71.15 of the Code of Alabama 1975, are amended to read as follows: "45-8A-71.04. "(a) There is created the Civil Service Board of the City of Jacksonville, which shall be composed of five members appointed by the state senator and state representative who represent the city in the Legislature from a list of three nominees for each position on the board submitted by each of the following groups of city employees: "(1) Employees of the street and sanitation department. "(2) Employees of the police and fire department. "(3) Employees of the gas, water, and sewer department. "(4) Employees of the offices of the mayor, the city council, the city clerk, the city library, and the city recreation department. "(b) At least 60 days prior to the expiration of the term of a member of the civil service board, each of the aforementioned groups of city employees shall hold a department meeting for the purpose of nominating three candidates for appointment to each board position with an expiring term of office. The head of each of the aforementioned city departments, or his or her designee, shall preside over the meeting in accordance with Roberts Rules of Order and shall administer the nominating process including any necessary election. If more than three candidates are nominated, a secret ballot election shall be conducted at the meeting. The three candidates on the ballot who come in first, second, and third in the balloting shall be the nominees for the group. The names of the three nominees shall be submitted to the state senator and state representative at least 30 days prior to the expiration of the term of the board member. The state senator and state representative representing the city shall appoint one member from the nominees submitted by each group. One other board member-at-large shall be appointed by the state senator and state representative representing the city. Each appointee shall serve for terms of six years and until his or her successor is appointed. "(c) No person shall be appointed to the board who is not a qualified elector of the City of Jacksonville and over under the age of 25 years. "(d) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the judge of probate. Vacancies on the board shall be filled in the same manner as the original appointment. The members of the board shall elect a chair, vice chair, and a secretary from among their members. "(e)(1) Any member of the board who becomes a candidate for, or is elected or appointed to another public office, shall vacate his or her office as a member of the board. "(2) Any member of the board who fails to attend three consecutive regular meetings of the board or six regular meetings of the board within a twelve-month period shall be deemed to have vacated his or her office as a member of the board and the vacancy shall be filled as provided herein. "45-8A-71.05. "(a)(1) The chair of the board serving in that position before the effective date of the act amending this subdivision shall be paid one hundred twenty-five dollars ($125) per month, the vice chair serving in that position before the effective date of the act amending this subdivision shall be paid one hundred ten dollars ($110) per month, and all other members of the board serving on the board before the effective date of the act amending this subdivision shall be paid one hundred dollars ($100) per month. "(2) The monthly compensation of any member elected to the position of chair or vice chair on or after the effective date of the act adding this subdivision, or appointed to serve on the board on or after the effective date of the act adding this subdivision, shall be an amount mutually agreed upon by the board and the governing body. "(b) Board members shall be paid by the City of Jacksonville. The board shall have power to appoint clerical assistance and engage the legal counsel of its choice. "45-8A-71.06. "The board shall fix the times for its regular meetings, and it shall hold at least one regular meeting each month. The board may also hold special, adjourned, or called meetings at any time. Members of the board serving before the effective date of the act amending this section who are in attendance at special or called meetings shall receive twenty dollars ($20) for attendance. Members of the board appointed on and after the effective date of the act adding this sentence shall receive additional compensation, in an amount mutually agreed upon by the board and the governing body, for attending special or called meetings of the board. Board members shall not be paid for more than two special or called meetings in any calendar month. A majority of the members of the board shall constitute a quorum for the transaction of business. All meetings of the board shall be held in the city hall accordance with all applicable open meeting requirements in a location provided by the city. "45-8A-71.08. "(a)The board may make rules and regulations governing examinations, eligible registers, appointments, transfers, minimum and maximum salaries, promotions, demotions, annual and sick leave, step and merit raises. Any action taken by the board affecting a rule or regulation relating to transfers, minimum and maximum salaries, promotions, demotions, annual leave, sick leave, and other matters as may be necessary to accomplish the purposes of this part, is subject to the consent of the governing body. If any step merit raise has been denied or demotion has been recommended by the appointing authority, the employee has 10 working days to contest the denial or demotion to the board. After the review of all facts, the decision findings of the board shall be final stand unless the ruling of the board is appealed to the governing body for a final decision regarding the matter. A rule or regulation may be made only after a public hearing is held on the proposed rule or regulation and after a certified copy of it the rule or regulation has been filed with the city clerk. All employees shall be appointed upon a nonpartisan merit basis without regard to race, color, national origin, political affiliation, disability, age, sex, or religion. There shall not be appointed, and the board shall not examine, any person who is not a citizen of the United States. The With the approval of the governing body, the board shall do all of the following: "(1) Classify the different types of services to be performed in the service of the city. "(2) Prescribe qualifications, including those of education, training, and experience, for the appointees and incumbents of each class. "(3) With the approval of the appointing authority, fix Fix a maximum and minimum salary for each class. "(4) Allocate each position in the service to its proper class based on a determination by the governing body, pursuant to its budgetary process, of the number of positions eligible for appointment in each class. "(b) The board appointing authority shall provide for the periodic rating of employees according to their merit to determine whether they are maintaining standards of service. The With the consent of the governing body, the board shall establish rules and regulations governing dismissals, suspensions, layoffs, terminations, and leaves of absence. The severance of any employee's the relationship of any employee with the city shall be in accordance with the board's board regulations. "(c) The appointing authority shall maintain a personnel file on each employee. The personnel file of any employee may be reviewed by the board whenever determined necessary by the board. "45-8A-71.09. "The salary to be paid each subordinate employee shall be determined by his or her appointing authority; and the salary to be paid each department head employee shall be determined by the city governing body. The salary paid to each department head and each subordinate employee shall be within the pay plan and pay rules and regulations minimum and maximum salary range established by the governing body and the board and shall be no more than the board approves for the applicable position. It shall be unlawful for any official or employee to draw or issue any warrant on the city treasury for the payment of salary to any employee covered by this part unless the warrant is in an amount within the minimum and maximum salary range authorized by the board and approved by the appointing authority to be paid the employee. A sum paid as salary contrary to this section may be recovered in an action brought by any resident of the city against the official or employee who draws or issues the warrant, or against the sureties on his or her bond. "45-8A-71.10. "The board shall make and keep a register of all persons eligible and available for appointment to each class of position in the service of the city, ranked according to ability. No examination shall be given and no register kept for positions to be filled by persons designated by the board as common laborers. Layoffs available for re-employment shall be placed at the head of the proper present and subsequent eligible registers in the inverse order of their terminations. Employees who voluntarily terminate their services may be granted re-employment status upon proper eligible registers under the circumstances and in the manner as may be provided for in the board's rules and regulations of the board, subject to stipulations of this section concerning layoffs. Persons desiring appointment may file applications with the board, and the board shall, from time to time, may conduct examinations to test the ability of the applicants if requested by the governing body. All qualified applicants shall be examined reviewed and determined by the board to be qualified or unqualified based on the applicable job description. Should the governing body request that the applicants for a particular position be examined, and the examinations shall be public, competitive, and subject to the limitations specified by the board, and approved by the governing body, as to age, residence, health, height, weight, habits, moral character, and other factors pertinent to the ability to discharge the duties of the position. The civil service board shall fill vacancies in the classified service, insofar as practicable, by promotions from among regular employees holding positions in the classified service. If the board decides to fill a vacancy within the classified service, it the board shall determine the regular employees holding the classified positions in the department or departments eligible to take the examination. Examinations shall be practical in character and shall relate to those matters which test the ability of the person examined to discharge intelligently the duties of the position for which he or she applies. In no case shall an appointment be made from an eligible register which is more than one year old, and no eligible register shall be the result of more than one examination. "45-8A-71.11. "Whenever a vacancy exists in any position in the service of the city, it shall be filled by appointment of one of the five persons who rank highest a person on the appropriate eligible register of the board. In the event there are less than five eligible qualified applicants, the The vacancy may be filled from the number of eligible qualified applicants which are on the appropriate register, or by transfer within the service of the city from another position of essentially the same class. However, the ranking layoff of the same class shall be appointed in every instance. The appointing authority may reject any eligible list that contains less than five persons, and the list shall be abolished. However, the appointing authority may select a person from an eligible list that has less than five names. The board may authorize the governing body to may fill the a vacancy temporarily pending the establishment of an eligible register. No authorization may be given for longer than 120 calendar days, and no employee shall have status under this part. All appointments, other than temporary appointments, shall be probationary for 12 months from the date of the appointment. A probationary subordinate employee may be discharged by the governing body appointing authority for unsatisfactory service at any time before the expiration of that period if the action is approved by the board governing body. A probationary department head may be discharged or demoted similarly by the governing body upon approval by the board. The discharge of a probationary employee shall be reported to the board at the next regularly scheduled meeting of the board held after the discharge. After the expiration of the probationary period, an appointment shall become permanent. "45-8A-71.12. "The governing body shall be the authority to appointing authority may suspend an employee for any personal misconduct or fact affecting or concerning his or her fitness or ability to perform his or her duties in the public interest. In the event an employee is suspended for more than 30 work days in any one year, he or she shall be entitled to a public hearing by the board upon a written demand filed within five working days from the date of the order of suspension. If, after a hearing, the board determines that the action of the governing body appointing authority was for insufficient cause, the suspension shall be revoked. "45-8A-71.13. "(a) The governing body of the city may remove, discharge, or demote any employee, officer, or official of the city who is subject to this part and who is directly under the governing body, provided that within five working days a report in writing of the action is made to the board, giving the reason for the removal, discharge, or demotion. The employee shall have 10 working days from the time of written notification of his or her discharge, removal, or demotion in which to appeal to the board. Upon receipt of the appeal, the board shall order the charges or complaint to be filed with it in writing and shall hold a hearing on the charges. No permanent employee, officer, or official of the city whose employment comes within the coverage of this part, and whose probationary period has been served, shall be removed, discharged, or demoted except for some personal misconduct, or fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or concerning his or her fitness or ability. If the removal, discharge, or demotion is appealed to the board, then the action will shall become final only after a hearing upon written charges or complaint. At the hearing, the employee shall have the opportunity to face his or her accusers and be heard in his or her own defense. Pending a hearing on the appeal, the employee may be suspended. After the hearing the board may order the employee reinstated, demoted, removed, discharged, or suspended, or take any other disciplinary action which in its judgment is warranted by the evidence and the law. Charges may be filed against an employee subject to this part by any citizen as follows: "(1) The charges shall be in writing. "(2) The charges shall state the facts succinctly. "(3) The charges shall be sworn to before any member of the board or before any person authorized to administer oaths. "(b) Upon the receipt of the charges, the board, after due consideration, shall determine whether in its opinion it considers that the good of the service will be served by a hearing on the charges and, if not, the charges may be dismissed by the board. If in the judgment of the board the charges are of a minor nature, the charges may be referred by the board to the mayor, administrator, or proper department head. The mayor, administrator, or proper department head shall make an investigation of the charges and make his or her recommendation to the board, within the time prescribed by the board as to what disciplinary action, if any, should be taken. "(c) After the recommendation is made by the mayor, administrator, or department head and after due notice of the recommendation is given to the affected employee the board may, in its discretion, may adopt the action recommended by the mayor, administrator, or department head or any part of the order. However, if the complaint of the affected employee, or both of them, objects to the recommendation of the department head, the board shall hold a public hearing again on the charges, and take whatever disciplinary action in its judgment is warranted by the evidence and the law. All hearings before the board shall be open to the public. All testimony given in all hearings before the board shall be under oath and taken down in writing. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case. In all proceedings before the board, the city attorney may appear and prosecute all charges instituted by the mayor, city governing body or any of its members, or by any department head, when requested or directed to do so by the city governing body. It shall not be the duty of the city attorney to prosecute any charges brought by a private citizen. In all proceedings before the board, the city attorney may appear and represent the interests of the city, and give such legal advice and legal assistance as the board may require. "(d) The board and its specially authorized representatives shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceedings provided by this part. The chief of police or some other police officer of the city shall serve all processes of the board, and shall attend and preserve order at all public hearings conducted by the board. If a person refuses to obey a subpoena, the board or its representative may enforce the subpoena in any circuit court of competent jurisdiction in order that the testimony or evidence be produced. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce all evidence and give all testimony relating to the matter in issue. A person who fails to obey the subpoena order may be punished by the court as for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of the state, which fees shall be paid from the treasury of the city. "(e) Any person aggrieved by a decision of the board may appeal the decision to the Circuit Court of Calhoun County within 30 days from the rendition of the decision by the board. Review by the court shall be without a jury and be confined to the record. The court shall make a determination of the questions of law presented and the board's findings of fact shall be final and conclusive. "45-8A-71.14. "The board shall receive from the city governing body an annual budget of at least twenty-five thousand dollars ($25,000) per year. The funds shall be allocated pursuant to the same budgetary process as is applicable to other city departments. The funds shall be accounted for in the same manner as other city funds are accounted. The funds shall be used to pay compensation, expenses, and for the operation of the board. The city governing body shall provide the board an office in the a city hall facility, which shall be suitably equipped and furnished for the needs of the board, including telephone service, postage, office supplies, and stationery. "45-8A-71.15. "Any person in the service of the city by appointment under civil service rules or regulations who willfully violates this part, or any rule or regulation issued pursuant to this part shall be dismissed from service and shall not be reappointed for two years." Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. The Jacksonville News Calhoun Co., AL January 10, 17, 24, 31, 2017

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