Ala. Admin. Code r. 670-X-9-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 670-X-9-.04 - Selection From Within

(1) Promotions. Within the discretion of the Director, vacancies in classified positions shall be filled, insofar as practicable, by promotion from among regular employees holding positions in the classified service. Promotion shall be based upon merit and competition and shall be made in accordance with the procedures established by those sections of these rules dealing with promotional appointments.

(2) Transfers. An appointing authority may, at any time, assign a classified employee under his jurisdiction from one position to another in the same class or comparable class determined by the Director or comparable class determined by the Director. Any classified employee may be transferred from a position in one department to a position in the same class in another department, provided that the Director has authorized the transfer and has received approval of both appointing authorities concerned. In every case involving transfer, the appointing authority shall submit a written request to the Director. A transfer from a position in a lower classification to a position in a higher classification in the same series shall be deemed a promotion and shall be made in the manner provided by the rules for promotional appointment. A transfer from a position in a higher classification to a position in a lower classification shall be deemed a demotion and the procedures established by these rules for effecting a demotion shall apply. In the case of a transfer of an employee from one department to another, the attention of both appointing authorities shall be called to the leave status and seniority for employment of the employee. If the appointing authority to whose department the transfer is proposed is unwilling to accept the transfer with accumulated leave, the employee must use or lose such leave accumulated prior to the transfer.

(3) Demotions. An appointing authority may demote a classified employee under his jurisdiction from a position in one class to a position in a lower class in the same series or comparable classification as authorized by the Director. The appointing authority must give written notice which states the reasons for the demotion to the employee. The employee must be afforded a due process hearing prior to the implementation of the demotion. The employee may, within ten days, appeal the appointing authority's decision to the Director for review.

(4) Appointment of Classified Employee to Unclassified and Exempt Service. A classified employee who is appointed to fill a position in the unclassified service shall, at the conclusion of his occupancy of such position, resume his previous status in the classified service. Employees appointed to the unclassified service will accrue and use leave in the same manner as classified employees. Employees appointed to the exempt service will not earn leave. Any accumulated leave will be frozen and paid upon separation from State service.

Ala. Admin. Code r. 670-X-9-.04

Filed September 29, 1981.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Author:

Statutory Authority:Code of Ala. 1975, §§ 36-26-10, 36-26-23, 36-26-24, 36-26-25.