Alabama Administrative Code › Title 670 - ALABAMA STATE PERSONNEL BOARD › Chapter 670-X-18 - SEPARATIONS FROM SERVICE › Section 670-X-18-.02 - Dismissals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An appointing
			 authority may dismiss a classified employee whenever he considers the good of
			 the service will be served thereby, for reasons which shall be stated in
			 writing, served on the affected employee and a copy furnished to the Director,
			 which action shall become a public record.
(2) The dismissed employee may, within 10
			 days after receipt of written notice, appeal from the action of the appointing
			 authority by filing with the Board and the appointing authority a written
			 answer to the charges. The Board shall, if demand is made in writing by the
			 dismissed employee within 10 days after receipt of written notice of discharge,
			 order a public hearing and, if the charges are proved unwarranted, order the
			 reinstatement of the employee under such conditions as the Board may determine.
			 Upon a majority vote of the Board, the Board may impose a punishment other than
			 termination including but not limited to a reinstatement with forfeiture of
			 back wages and benefits between the date of termination and the date of the
			 Board's order reinstating the employee, or a suspension up to and including 30
			 calendar days. (For hearing procedure, see Rule
			 670-X-5-.08.)
(3) In addition to removal by an appointing
			 authority, persons in the classified service may be removed or disciplined in
			 the manner described in this subsection. Charges may be filed by any officer,
			 citizen or taxpayer of the state with the Director who shall, within five days,
			 cause a copy to be served upon the person complained against and shall set a
			 day not less than 10 nor more than 20 days after such charges have been served
			 on such employee for a public hearing of such charges. This hearing may be
			 before the Director, a special agent appointed for the purpose by the Director
			 or the Board itself. If before the Director or a special agent, the Director or
			 special agent shall take testimony offered in support and denial of such
			 charges and from the same submit to the Board, within five days, a finding of
			 facts and law involved and a recommended decision. The Board at its next
			 regular or special meeting shall consider said report and modify, alter, set
			 aside or affirm said report and certify its findings to the appointing
			 authority who shall forthwith put the same into effect. If the Board hears said
			 charges directly or requires the transcribing and submission of the testimony
			 taken before the Director or special agent, it shall make up and file its own
			 findings and decision. The decision of the Board based upon its records and the
			 testimony shall be final. (For hearing procedure, see Rule
			 670-X-5-.08.)
(4) In proceedings under this section, it
			 shall be no defense or excuse for a forbidden act or for an omission to observe
			 the laws or rules that such act or omission was directed by a superior, unless
			 a written direction or order from such superior to that effect is proved. If
			 any employee in the state service shall willfully refuse or fail to appear
			 before any court or judge, any legislative committee or any officer, board or
			 body authorized to conduct any hearing or inquiry or, having appeared, shall
			 refuse to testify or answer any question relating to the affairs or government
			 of the state or the conduct of any state officer or employee on the ground that
			 his testimony or answers would tend to incriminate him or shall refuse to waive
			 immunity from prosecution on account of any matter about which he may be asked
			 to testify at any such hearing or inquiry, such conduct shall be cause for
			 removal.
(5) In all cases, before
			 dismissing a permanent employee, the appointing authority shall consider the
			 previous disciplinary and performance history of the employee and any
			 progressive discipline received.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-26-27,
				  36-26-29.