AL Code § 45-49-120.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 49 - Mobile County.|Article 12 - Employees.|Part 1 - Civil Service System.|Section 45-49-120.06 - Personnel Board.

Section 45-49-120.06Personnel board. (a)(1) The personnel board shall consist of five members designated respectively as Member 1, Member 2, Member 3, Member 4, and Member 5, each of whom shall be over 19 years of age, of recognized good character and ability, a qualified elector of Mobile County, and shall not, when appointed nor for three years then next preceding the date of his or her appointment have held elective public office, nor have been a candidate for public office. If any person actively solicits a position on the board, the committee, for this reason, shall refuse to consider his or her appointment. After May 15, 2009, each member shall be a resident of his or her respective district, as hereinafter provided, at the time of his or her appointment and for the duration of his or her term; provided however, that those members in office on May 15, 2009, may serve out the remainder of their then unexpired term without regard to their respective districts of residence. Members shall be appointed from the following districts: a. Member 1 shall be appointed from personnel board District 1, which shall include the part of Mobile County which is included in House District 96 and all of House District 102. b. Member 2 shall be appointed from personnel board District 2, which shall include all of House Districts 100 and 101. c. Member 3 shall be appointed from personnel board District 3, which shall include all of House Districts 97 and 103. d. Member 4 shall be appointed from personnel board District 4, which shall include all of House Districts 104 and 105. e. Member 5 shall be appointed from personnel board District 5, which shall include all of House Districts 98 and 99. (2) The members of the board serving on May 15, 2009, shall serve out their respective terms and until their successors are appointed and qualified. Thereafter, all members shall be appointed for five-year terms. In the event of a vacancy on the board, occasioned by death, resignation, impeachment, or other cause, the vacancy shall be filled by the appointment of a qualified successor by the committee for the then unexpired term. Each member of the board shall receive an expense allowance of six hundred dollars ($600) per month and shall receive sixty dollars ($60) per meeting for each meeting attended, and sixty dollars ($60) per day for attendance upon all trials and hearings by the board. The expense allowance and compensation shall be paid from the same funds as other expenses of the department are paid. (3) The board shall meet once a month on dates to be fixed by its rules and regulations and as often as shall be necessary for the orderly dispatch of its business. (b) It shall be the duty of the board as a body: (1) To select a personnel director as provided in Section 45-49-120.07. (2) After a public hearing or hearings to adopt and amend rules and regulations for the administration of this part. (3) After a public hearing or hearings to adopt, modify, or reject such classification and compensation plans for the classified service together with rules for their administration, as may be recommended by the director after a thorough survey by him or her of the personnel and department organizations included in the plan or plans. (4) To make investigations as, in the board's opinion, are reasonable, either on petition of a citizen, taxpayer, or party at interest, or of its own motion, concerning the enforcement and effect of this part, and to require observance of its provisions and the rules and regulations made pursuant thereto. (5) To conduct hearings and to render decisions, as hereinafter provided, on charges preferred against persons in the classified service. (6) To make investigations as, in the board's opinion, are reasonable, as may be requested by the governing bodies of the county or of any city therein or by the committee and to report thereon to the governing body or committee requesting same. (7) To consider and act on any matters referred to the board by the director. (8) To represent the public interest in the improvement of personnel administration in the classified service. (9) To formulate and conduct orientation seminars on a regular monthly basis open to all job applicants for the purpose of familiarizing applicants with testing methods, procedures, and general subject range. (10) To devise and implement various methods of testing as alternatives to written examinations, which may include, among others, oral and applied skills testing. (11) To advise and assist the director in fostering the interest on institutions of learning, civic, professional, and employee organizations in the improvement of personnel standards in the classified service. (12) To elect at the regular monthly meeting in April of each year one of its members to serve as chair of the board for the ensuing 12 months. Should the personnel board fail to elect the chair within 30 days after the regular monthly meeting in April of each year, then a chair shall be elected by the committee. (13) Whenever by law or rules of the personnel board any positions in the service of Mobile County or of any municipality or of any other appointing authority within Mobile County, are duly transferred to and designated as positions in the classified service, or whenever a municipality or other appointing authority shall hereafter become subject to this part, if the municipality or appointing authority at the time of becoming subject to this part had in its employment employees or appointees in positions within the classified service, the personnel board may continue any or all persons employed by the county, a municipality, or other appointing authority in the same positions which they, respectively, held when the positions became subject to this part, without examination. The employees shall thereby be given a permanent status and their continued employment, promotions, and discharges shall in all matters be subject to, and governed by this part. It is the intent of this part that all present employees or appointees of the county, and any municipality, agency, or other appointing authority who were not in the classified service prior to April 8, 2004, in the discretion of the personnel board, may be blanketed in the classified service and continue to hold the same position, which they, respectively, held when the positions became subject to this part. The board shall also have the authority, functions, and duties as provided in other sections of this part. It is further the intent of this part that no employees, appointees of the county, any municipality, agency, or other appointing authority shall be a member of both a collective bargaining unit and the classified service. (c) In the event that both of the following happens (1) that a municipality or other governmental agency hereafter becomes subject to this part, and (2) that at the time the municipality or other governmental agency becomes subject to this part it then has in its employ employees or appointees who would come within the classified service as defined in this part, the board may extend or grant permanent status to any or all the employees or appointees or require evidence of the fitness and ability it may deem necessary. All employees given permanent status shall thereafter in all matters be subject to and governed by this part and any rules and regulations promulgated hereunder. (d) The board shall provide a meaningful and orderly procedure for the resolution of employee grievances. (e) The board may provide an orderly procedure for discussion of matters which will improve and maintain a harmonious employee-employer relationship in all jurisdictions under the Mobile County Personnel Board. The board may establish an employee-management committee for any governmental agency whose employees are under civil service and it shall determine the composition, functions, and operations of the committees. All governmental agencies whose employees are under civil service shall cooperate with the personnel board to further these objectives. (f) The personnel board has the inherent responsibility for establishing an overall policy relative to the pretraining and development of employees in the public service. The board shall adopt rules and regulations in cooperation with the appointing authorities as well as administrative guidelines to carry out its responsibility hereunder. The various governmental agencies, appointing authorities, and department heads under the jurisdiction of the Mobile County Personnel Board shall cooperate fully with the personnel board in furtherance of these objections so that the disadvantaged will be provided opportunities for employment. (g) The personnel director, under the supervision of the personnel board, shall be responsible for developing and maintaining programs for improving safety practices and conditions affecting the safety, health, and morale of employees under the Mobile County Personnel System. (h) The members of the personnel board shall be subject to impeachment for the same causes and in the same manner as other officers, as provided under Section 175 of the Constitution of Alabama of 1901.  (Acts 1939, No. 470, p. 298, § 7; Acts 1947, No. 431, p. 288, § 1; Acts 1976, No. 684, p. 939, § 2; Act 80-796, p. 1628, § 1; Act 86-479, p. 910, § 2; Act 2004-105, p. 145, § 1; Act 2009-553, p. 1595, § 1.)