Section 45-45-121.06 - Demotion, dismissal, reduction in pay, etc.; written statement of specific adverse action; hearing; judicial review(a) No employee covered by this part may be demoted, dismissed, or reduced in pay without just cause and the opportunity to demand a hearing pursuant to this section prior to implementation of the demotion, dismissal, or reduction in pay.(b) Any time an appointing authority proposes to demote, dismiss, place upon disciplinary probation, reduce in pay, or suspend without pay any covered employee, the appointing authority shall first present to the employee a written statement of the specific adverse action proposed and the reasons for that action, and shall inform the employee of a specific date and time at which the employee shall have an opportunity to discuss the proposed adverse action with the appointing authority. This meeting shall not occur sooner than three days after the notice of the proposed action. The appointing authority shall consider any argument made by the employee prior to implementing any proposed adverse action.(c)(1)a. No later than five working days following any dismissal, demotion, reduction in pay, or unpaid suspension of greater than 15 days of any covered employee, the employee may file a written demand with the chair of the personnel board requesting a hearing before the personnel board to contest the adverse action and requesting that the adverse action be vacated.b. The employee, in that same manner and within that same time frame, also may request a hearing before the personnel board to appeal to the personnel board to rectify any alleged failure by the appointing authority to provide the notice and meeting required by subsection (b).(2)a. Upon receipt of a valid, timely written notice of appeal, the personnel board shall conduct a hearing as provided by this part and by the rules of the personnel board, and shall either affirm the decision of the appointing authority or vacate the action of the appointing authority.b. The personnel board shall affirm the decision of the appointing authority so long as it is reasonably satisfied from the evidence that a proper predisciplinary meeting was provided and that the employee violated a rule, policy, or procedure of the appointing authority in effect at the time of the acts or omissions of the employee that resulted in the adverse action.(d) Hearings under subsection (c) shall be informally conducted. The rules of evidence do not apply. All witnesses shall be sworn, and the employee and appointing authority may each be represented by counsel of their own choosing. A verbatim record of all proceedings before the personnel board shall be prepared and transcribed by a certified court reporter.(e) Notwithstanding any provision of this section to the contrary, the provisions of this section, including those providing a method for appeal to the personnel board, shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program shall be prorated to all employees of the appointing authority.(f) The action of the personnel board after hearing pursuant to this section shall be final and conclusive. Any employee wishing to dispute a decision of the appointing board relating to that employee may seek review of the board's decision in the Circuit Court of Madison County by the filing of a petition for a common law writ of certiorari. On any appeal, the court shall uphold the decision of the personnel board if due process pursuant to this part was provided to the employee and if any legal evidence exists to support the decision of the personnel board. Any review by the circuit court shall be limited to the record presented to the personnel board, and no party shall be entitled to a trial by jury in the circuit court.Ala. Code § 45-45-121.06 (1975)
Added by Acts 1973, No. 941, p. 1447, §10; Act 2022-403, § 4.