Section 45-8A-112.13 - Removal discharge, or demotion of employee; proceedings(a) Any permanent employee subject to this part may be removed, discharged, or demoted by his or her appointing authority, provided that within five days the appointing authority makes a report in writing of the action to the board, giving the reason for the removal, discharge, or demotion. The employee shall have 10 days from the time of notification of his or her discharge, removal, or demotion in which to appeal to the board. The board shall thereupon order the charges or complaint to be filed immediately in writing and shall hold a hearing de novo on the charges. No permanent employee, officer, or official of the city whose employment comes within the jurisdiction 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; and if the removal, discharge, or demotion is appealed to the board, then the same will become final only after a hearing upon written charges or complaint has been had and after an opportunity has been given him or her to face his or her accusers and be heard in his or her own defense. Pending a hearing on appeal, the affected employee may be suspended. After the hearing the board may order the employee reinstated, demoted, removed, discharged, or suspended, or take other disciplinary action as in its judgment warranted by the evidence and under the law. Charges may be filed by any resident citizen of the city as follows: The charges must be in writing, must set forth succinctly the matters complained of, and must be sworn to before any member of the board or before any person authorized to administer oaths. 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 trial thereon; 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 proper department head who shall make an investigation of the charges and make his or her recommendation to the board within a time as the board may prescribe, as to what disciplinary action, if any, should be taken. After the recommendation is made by the department head and after due notice is given to the affected employee of the receipt of the recommendation and the contents thereof, the board may, in its discretion, adopt and order executed the action recommended by the department head or any part thereof. However, if the complainant or the affected employee, or both of them, objects to the recommendation of the department head, the board shall hold a public hearing de novo on the charges, and take disciplinary action as in its judgment is warranted by the evidence and under the law. All hearings before the board shall be open to the public. All testimony given in all hearings before the board shall be taken down in shorthand by a stenographer or by some other legally accepted means. 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 city governing body or any member thereof or by any department head, when requested or directed to do so by the city governing body. The city attorney may not 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.(b) 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 proceeding within the purview of this part. The chief of police or some other police officer of the city shall serve all processes of the board, and shall attend upon and preserve order at all public hearings conducted by the board. In case a person refuses to obey a subpoena, the board or its representative may invoke the aid of any circuit court 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 a subpoena order may be punished by the court for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state, which fees shall be paid from the treasury of the city.(c) Any person aggrieved by a decision of the board may appeal the decision to the Circuit Court of Calhoun County in equity 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, and to a determination of the questions of law presented. The board's findings of fact shall be final and conclusive.Ala. Code § 45-8A-112.13 (1975)
Amended by Act 2015-336,§ 1, eff. 6/3/2015.Acts 1975, No. 963, p. 1996, §14.