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HB493 ENROLLED
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HB493
9J7ERMP-2
By Representatives Hulsey, Bedsole, Paschal, Mooney (N & P)
RFD: Shelby County Legislation
First Read: 24-Feb-26
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First Read: 24-Feb-26
Enrolled, An Act,
Relating to Shelby County; to establish a civil service
system in the City of Helena; to provide for the board; to
provide for the appointment of a director; to provide for the
establishment of policies; to provide for an appeals process;
and to repeal Act 92-201, 1992 Regular Session (Acts 1992, p.
442), relating to the civil service system of the City of
Helena.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the City of Helena Civil Service System Act.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) APPOINTING AUTHORITY. The mayor, city council, or
any employee of the city duly authorized to make appointments
to the regular service by virtue of his or her supervisory
capacity.
(2) CERTIFICATION. A submission of names of eligibles
from a reemployment list, promotion list, or eligible register
to any appointing authority for the purpose of filling a
position in the classified service.
(3) CITY. The City of Helena.
(4) CLASS. A group of positions in the regular service
sufficiently similar in respect to the duties,
responsibilities, and authority that the same descriptive
title may be used to identify all positions allocated to the
class; that the same requirements as to education, experience,
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class; that the same requirements as to education, experience,
capacity, knowledge, proficiency, ability, and other
qualifications should be required of the incumbents; that the
same tests of fitness may be used to choose qualified
employees; and that the same schedule of compensation can be
made to apply with equity.
(5) CLASSIFICATION. The assigning of a position to the
appropriate class in accordance with its duties,
responsibilities, and authority.
(6) CLASSIFIED SERVICE. Any employment position in the
city, whether regular, probationary, temporary, or exempt, for
which a position of employment exists and the salary and
benefits are determined by the appointing authority.
(7) COUNCIL. City Council of the City of Helena.
(8) DEMOTION. Any disciplinary or other action that
reduces the pay grade or pay step of a nonexempt employee in
the regular service.
(9) DEPARTMENT HEAD. Any individual who provides
administrative and supervisory work in directing all
activities and employees of a city department.
(10) DIRECTOR. The personnel director appointed by the
mayor or the company contracted by the mayor to perform
personnel services.
(11) ELIGIBLE. An individual whose name is on a
reemployment list, a promotion list, or an eligible register.
(12) ELIGIBLE REGISTER. A record containing names,
listed and ranked in order of their final earned average from
the highest to the lowest, of those individuals who have
successfully completed prescribed tests and are qualified for
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successfully completed prescribed tests and are qualified for
original appointment to positions in the class for which the
test was held.
(13) MAYOR. The individual elected or appointed to the
official position of mayor of the city.
(14) OPEN-COMPETITIVE. The process of seeking qualified
candidates for a regular position from any qualified
individual including taking applications from the general
public and other employees in the regular service not
otherwise in the department for which the position exists.
(15) PAY GRADE. The specific pay range set forth in the
pay plan for a classification.
(16) PAY STEP. The specific pay rate within a pay range
as set forth in the pay plan.
(17) PERSONNEL BOARD. The board created by this act.
(18) POSITION. Any job or set of duties in the regular
service requiring the full-time employment of one individual
in the performances and exercises of the job or duties.
(19) PROBATIONARY EMPLOYEE. An employee appointed to a
regular position from a reemployment list, promotion list, or
eligible register who has not completed his or her
probationary period.
(20) PROMOTION. An advancement from one class to
another related occupational class with increased duties or
responsibilities, or both, and for which a higher rate of pay
is prescribed.
(21) PUBLIC HEARING. A meeting of the board, open to
the public, at which any resident, taxpayer, or party at
interest may appear and may be heard.
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interest may appear and may be heard.
(22) PUBLIC NOTICE. A written notice placed upon the
bulletin board maintained at or near the entrance to the
offices of the city clerk in a place accessible to the public
during business hours.
(23) PUBLIC RECORD. A record which the public has the
right to inspect in a reasonable manner during ordinary
business hours.
(24) QUALIFICATIONS. The minimum experience,
educational, physical, and personal requirements determining
the eligibility of an applicant for examination.
(25) REEMPLOYMENT LIST. A list containing the names of
individuals who have occupied, and have been separated from,
regular positions in the classified service and who are
entitled to preference in appointment to vacancies in
positions.
(26) REGULAR EMPLOYEE. An employee who was appointed
under this act to a regular classified position and who has
completed his or her probationary period, the hours of work of
which shall be fixed by the appointing authority with due
regard to the convenience of the public, and to working hours
customarily observed in the community.
(27) REGULAR POSITION. Any position in the regular
service which has required or which is likely to require the
full-time services of an individual without interruption for a
period of more than six months.
(28) SEASONAL POSITION. Any position in the classified
service which requires or is likely to require the services of
an incumbent during certain parts of each year, only at
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an incumbent during certain parts of each year, only at
recurring annual or other periods.
(29) SERIES. A subdivision of a group consisting of two
or more classes of positions, similar as to line of work but
differing in responsibility or difficulty, which constitutes
steps in a normal line of promotion.
(30) SPECIFICATIONS. A formal statement descriptive of
a position that contains all of the following:
a. The title and class.
b. A description of the duties or responsibilities of
the position.
c. The minimum qualifications required of applicants as
to education, experience, physical ability, or other
attributes.
(31) TEMPORARY POSITION. Any employment position in the
city which is not regular, but which requires or is likely to
require the services for a set period of time not to exceed 12
months.
(32) TEST. A written or oral examination, or both, or
other methods established as herein provided to determine the
merit, efficiency, or general fitness of applicants for
positions.
(33) TITLE. The term used to designate all employment
by class and grade and shall be descriptive of the duties of
the position.
Section 3. (a) There is created a personnel board for
the City of Helena which shall be comprised of the following
members:
(1) Member One, elected by the employees of the regular
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(1) Member One, elected by the employees of the regular
service.
(2) Member Two, appointed by the mayor and city
council.
(3) Member Three, selected by Member One and Member
Two.
(b) Member One shall serve an initial term of four
years. Member Two shall serve an initial term of three years.
Member Three shall serve an initial term of two years. The
subsequent terms of all members shall be four years. A vacancy
in any board position shall be filled in the same manner as
the initial selections.
(c) In order to be selected to serve on the board, or
to continue to serve on the board, an individual must meet all
of the following qualifications:
(1) Is a qualified elector of the city.
(2) Has not held public office, been a candidate for
public office, or held office with a political party in the
previous three years.
(3) Is not an employee of the city or the relative or
domestic partner of an employee of the city.
Section 4. The board shall do all of the following:
(1) Meet in regular session at least semiannually.
(2) Adopt board policies, rules, and regulations.
(3) Hear and render decisions in appeals of
disciplinary and related matters.
(4) Transact any other business within the purview of
the board.
Section 5. (a) The mayor may appoint a personnel
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Section 5. (a) The mayor may appoint a personnel
director.
(b) The personnel director shall carry out the policies
established by the board.
(c) The personnel director may be suspended or
terminated by the mayor for cause, subject to a right of
appeal directly to the board.
(d) Any regular employee may file a complaint against
the personnel director directly to the mayor.
(e) The personnel director shall do all of the
following:
(1) Serve as secretary of the board.
(2) Prepare any policies, rules, or regulations for the
approval of the board.
(3) Coordinate with the city regarding this act.
(4) Report findings and recommendations of the board to
the city.
(5) Administer oaths, issue subpoenas, demand the
attendance of witnesses, and compel the production of records,
documents, and papers in connection with investigations,
hearings, or inquiries.
(6) Study the organization, operation, and workforce
requirements of the city's departments.
(7) Make recommendations to the board.
(8) Maintain an official roster of all positions in the
city.
(9) Maintain a record of all personnel transactions in
the city.
(10) Promote and assist in the establishment of
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(10) Promote and assist in the establishment of
programs for employee pensions, welfare, health care, and
career development.
(11) Work with departments to maintain employee and
retiree files, including tax and benefit elections, resumes,
disciplinary actions, responses, applications, and copies of
certifications and training.
(12) Work with departments to counsel employees on
their rights under this act and city policy.
(f) The mayor may contract with a human resources
company to carry out the duties of the personnel director.
Section 6. On June 1, 2026, all employees holding
regular full-time positions in the service of the city shall
continue in their regular status in the classified service as
provided in this section, unless the position to which they
are appointed or elected is otherwise exempted by this act.
The service shall be divided into the following two
categories:
(1) A regular service comprised of all employees and
appointees holding regular full-time positions in the service
of the city. Employees occupying these positions shall be in
the classified service unless specifically exempted under this
act.
(2) An exempt service comprised of all of the
following:
a. Part-time employees.
b. Individuals engaged in teaching or in supervision
teaching in the public schools who work for the city.
c. Officials elected by popular general vote.
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c. Officials elected by popular general vote.
d. The city clerk, city treasurer, or the city
clerk-treasurer elected pursuant to Section 11-43-3, Code of
Alabama 1975.
e. The police chief or fire chief elected pursuant to
Section 11-43-5, Code of Alabama 1975.
f. Any city manager appointed pursuant to Section
11-43-20, Code of Alabama 1975. Nothing in this paragraph
shall require the appointment of a city manager.
g. Any other individual appointed or elected pursuant
to Section 11-43-3 or 11-43-5, Code of Alabama 1975, to the
extent of an individual's official designation as a statutory
official within the city.
h. The judge of any court.
i. The city attorney.
j. The city prosecutor.
k. The administrative assistant to the mayor.
l. The director of personnel.
m. Individuals serving in long-term positions funded or
partially funded by state or federal grant funds.
n. Common laborers, seasonal employees, and temporary
employees as determined by the city.
o. Part-time members of boards.
p. Attorneys, physicians, surgeons, and dentists, who,
with permission of the appointing authority of the city,
engage in outside similar employment.
Section 7. (a) The classification plan shall provide a
complete inventory of all employee positions in the service of
the city and an accurate description of and specifications for
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the city and an accurate description of and specifications for
each class of work, including all other employee positions in
the city for which salary and benefits are set out by the
city, with the exception of the city council and mayor. The
plan shall standardize titles so that each is indicative of a
definite range of duties and responsibilities and has the same
meaning throughout the service and shall show whether the
position is deemed a regular or exempt position.
(b) The classification plan shall consist of the
following:
(1) A grouping in classes of positions which are
approximately equal in difficulty and responsibility, call for
the same general qualifications, and can be equitably
compensated within the same range of pay under similar working
conditions.
(2) Class titles that are descriptive of the work of
the class and identify the class. These class titles shall be
used in all personnel, accounting, budget, and related
records. No person shall be appointed to or employed in a
position in the classified service under a title not included
in the classification plan. Working titles may be used in the
course of departmental routine to indicate authority, status
in the organization, or administrative rank.
(3) Job descriptions for each position. The
descriptions shall first be recommended by the director or
department head with approval by the mayor. The written
specifications for each position shall include all of the
following:
a. A title which is descriptive and consistent with
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a. A title which is descriptive and consistent with
other titles in the plan.
b. A brief overall description of the kind and level of
work.
c. Examples of typical duties performed in positions in
the class.
d. Qualification requirements setting forth the
necessary experience, education, certifications, physical
endurance, physical fitness level, or other requirements.
e. The required knowledge, skills, and abilities needed
in order to perform the work, the pay grade associated with
the position, and the supervision of the position.
(4) An allocation list showing the class title of each
position in the regular service as identified by the name of
the occupant.
(c) The classification plan shall be used as follows:
(1) As a guide in recruiting and examining candidates
for employment.
(2) For determining lines of promotion and in
developing employee training programs.
(3) For determining salaries to be paid for various
types of work based on wage surveys and job analysis.
(4) For determining personnel service items in
departmental budgets.
(5) For providing job terminology understandable by all
officials, employees, and the general public.
(d) The council, by resolution, shall prepare or direct
the preparation of the classification plan, as needed, from
time to time. When the plan is completed and adopted, the
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time to time. When the plan is completed and adopted, the
director shall submit to each department head a copy of the
class specifications for each position class and a list
allocating the positions to the tentative position classes.
Each department head shall notify employees about the
allocation of their respective positions. The director shall
make a copy of the class specification and individual
allocation available to each employee or his or her
representative on request.
(e) The director shall maintain the classification plan
to reflect the duties performed by each employee in the
classified service and the class to which each position is
allocated.
(f) The director shall do all of the following:
(1) Recommend to the mayor and city council the
establishment of new position classes and the deletion or
revision of existing classes.
(2) Review the duties and responsibilities of each new
position established and allocate the position to the
appropriate position class.
(3) Periodically study positions to determine if
changes in duties and responsibilities are necessary and
recommend reallocation or reclassification of positions. A
classification study may be made at the request of the mayor
or city council. A change in duty assignments of a current
employee may occur only after the employee has been performing
the duties for a sufficient duration to warrant investigation,
and a change in the employee's duty assignment may not be
temporary in nature.
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temporary in nature.
(4) Direct the grading and classifying of all positions
in the classified service at least once every five years.
(g) When a position is reallocated to another position
class, the method of filing the position shall be determined
under this act regarding transfers, demotions, or promotions
as may be appropriate.
(h) The mayor may recommend to the city council the
elimination or modification of approved job descriptions and
positions in the classification plan, together with any pay
grade recommendations associated with the position. Upon
approval by the council, any nonexempt regular employee
currently serving in a position being eliminated or modified,
where the change would result in the employee's termination or
demotion, shall have all rights of appeal afforded to
employees solely as to the question of whether the elimination
or modification was arbitrary and capricious. In the event a
modification of a nonexempt employee position results in
additional duties, the affected employee may request, in
writing, a pay grade review by the council, and the council
may modify the pay grade classification.
Section 8. (a) The city, after recommendation of the
mayor and resolution of the council, shall adopt rules,
polices, and procedures for employees compiled in an employee
handbook, which may be amended from time to time. At a
minimum, the handbook shall contain policies and procedures
covering all of the following subjects, and shall be
consistent with this act and all other state or federal laws:
(1) The accrual and use of sick leave by employees.
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(1) The accrual and use of sick leave by employees.
However, the sick leave of any employee in the regular service
already accrued as of the effective date of this act may not
be diminished.
(2) Overtime and compensation. However, the overtime
and compensation of any employee in the regular service
already accrued as of the effective date of this act may not
be diminished.
(3) The accrual and use of vacation time. However, the
vacation time of any employee in the regular service already
accrued as of the effective date of this act may not be
diminished.
(4) Military leave of absence, including temporary
leave for National Guard and armed forces reserve training.
(5) Summonses for jury duty or as a witness in court.
(6) Periods of permitted absence without leave.
(7) Employment outside of the regular service and
related conflicts of interest.
(8) Open position posting, applicant recruitment,
applicant testing, and eligibility determination.
(9) Resignation and retirement from the regular
service.
(10) Annual and intermittent reviews of employee
performance.
(11) Loss of required certifications and other
requirements for continued performance in the class.
(12) Reporting conflicts of interest.
(13) Handling of grievances between and among employees
that do not rise to the level of disciplinary actions.
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that do not rise to the level of disciplinary actions.
(14) The proper certification of payroll so that
payroll compensation is timely and accurately kept.
(15) Layoffs, reductions in force, and reinstatements.
(16) Disciplinary causes and actions for employees in
the public service.
(b) The city may impose disciplinary action on any
employee who violates the rules, regulations, or codes of
conduct adopted by the city.
(c) Nothing in this act shall prohibit the police,
fire, and other applicable departments from instituting
standard operating procedures, rules, and regulations for
departmental operations enforceable upon employees in that
department that are in addition to and not otherwise
inconsistent with the rules, policies, and procedures of the
city. The city may impose disciplinary action for violations.
Section 9. (a) The council, with the aid of the
director, mayor, and other city personnel the council deems
necessary, by resolution, shall adopt a pay plan as the basis
of compensation for employees in the service of the city. The
plan shall be constructed to provide fair compensation for all
classes in the classification plan with due regard to all of
the following factors:
(1) Varying degrees of difficulty and responsibility
among the several classes of work.
(2) Prevailing rates of pay and fringe benefits for
similar employment in private establishments and other public
jurisdictions in the area.
(3) Recruiting experience for the several classes of
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(3) Recruiting experience for the several classes of
work.
(4) Financial conditions of the city.
(b) The pay plan adopted by the council shall contain
all of the following information:
(1) Special and specific provisions for administering
the plan.
(2) A basic salary grade for each position class in the
classification plan.
(3) A basic salary schedule containing the minimum
rate, maximum rate, and intermediate rate of pay for each
salary grade, and a conversion of rates for basis of payment.
(4) The basis of pay indicating the number of weekly
work hours in general application to the classified service or
exceptions.
(c) Upon final adoption by the council, the plan shall
be disseminated to all employees by the director. The plan
shall become effective within 30 days after its adoption by
the council.
(d) The pay plan shall be amended in accordance with
the following procedures:
(1) When the mayor and council, by resolution, add a
new position to the classification plan and fix the salary
grade, the job description shall assign the position to the
appropriate pay grade.
(2) In the case of a proposed pay plan amendment
directly affecting the pay of more than three regular
employees, prior to amending the pay plan, the mayor and the
council shall provide an opportunity for employees to present
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council shall provide an opportunity for employees to present
their views.
(e) The council, by resolution, shall fix the holidays
that employees shall observe. Employees on non-pay status,
such as a leave of absence or on paid military leave, shall
not earn additional time for holidays. All regular employees
of the city shall receive the same number of holidays.
Employees who are required to work on an observed holiday
shall be compensated in accordance with this act and federal
law.
(f) Any pay plan previously adopted by the city on the
effective date of this act shall remain in force and effect
until and unless amended or replaced as provided in this
section.
(g) Each employee in the regular service shall be paid
at a rate set forth in the pay plan for the classification in
which he or she serves, in accordance with the following
provisions for administering the pay plan:
(1) New appointments to the regular service shall be
made at the beginning rate of the salary range for the
classification to which the appointment is made, unless in the
discretion of the appointing authority circumstances, skills,
or experience dictate a different rate.
(2) Salary advancement within established salary ranges
shall be based on meritorious performance on the job as set
out in the employee handbook and shall be in accordance with
the provisions for administering the pay plan. An efficiency
rating reflecting satisfactory performance shall be required
for advancement. An employee with continued satisfactory
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for advancement. An employee with continued satisfactory
service shall be eligible for future annual increases until
such time as the maximum rate for the range is reached.
(3) In the event a regular employee is promoted,
transferred, or demoted, his or her rate of pay for the new
position shall be determined as follows:
a. Upon promotion, the employee's regular base pay
shall determine the new rate in the promotional class. The new
rate shall be the larger of either of the following:
1. A one step increase above the former rate.
2. The entrance rate for the promotional class.
3. A different rate within the salary range at the
discretion of the appointing authority when circumstances,
skills, or experience dictate a different rate.
b. When an employee is demoted, compensation shall be
reduced to the salary prescribed for the class or grade to
which the employee is demoted, or the step rate reduced if the
employee remains in the position. In no event shall the pay
grade exceed the maximum approved rate of the new
classification.
c. When an employee is transferred from one department
to another, the step in the pay range shall be in accord with
the approved job description of the position to be occupied by
the employee. All transfers shall be approved by the
appointing authority.
(h) In the event the rate of pay of a supervisor is
less than or equal to the base rate of pay of subordinates
directly supervised in lower related classes, the rate of the
supervisor may be advanced in grade by the council.
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supervisor may be advanced in grade by the council.
Section 10. (a) Vacancies and newly created positions
in the regular service shall be filled by open-competitive,
transfer, promotion, appointment, reappointment, or demotion
as determined by the appointing authority.
(b) When a vacancy exists for a regular position that
is not otherwise exempt from this act, the appointing
authority shall inform the director of the vacancy and whether
the position is a promotional or open position. The director
shall then certify to the appointing authority eligibles from
the appropriate list in the manner and pursuant to the
procedures as set forth in the employee handbook. The
appointing authority shall then make an appointment from the
names certified to him or her.
(c) The procedure for appointments to the regular
service shall be as follows:
(1) An appointment to a full-time regularly budgeted
position made from a certified eligible register shall be for
a probationary period. The probationary period shall be an
integral part of the examination process and shall be utilized
to evaluate the employee's performance on the job and for
dismissing any employee who does not meet the required
standards of performance. The probationary period shall be one
year from the date of appointment with no interruptions in
service.
(2) An employee in probationary status may be
discharged without the right of appeal.
(3) A promotional probationer who is demoted for
unsatisfactory service may return to the position held prior
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unsatisfactory service may return to the position held prior
to appointment, if still vacant, without right of appeal. In
the event the position is filled, the mayor shall determine
the manner in which the employee shall be retained in the
service, being closely guided by the provisions governing
layoffs and reductions in force. The demoted employee may
elect to separate from the service and have his or her name
retained on the layoff list for the classification of the
former position for a period not to exceed two years.
(d) Employment of an eligible from an eligible register
in a full-time regularly budgeted position, after the
satisfactory completion of a probationary period, shall be a
regular appointment, for which the suspension, demotion, or
termination shall be subject to all rights of appeal as set
forth in this act.
(e) In the absence of an eligible register, or until a
register is available, the mayor, for urgent need, may
authorize the filling of a vacancy by provisional appointment.
Any candidate for provisional appointment shall meet
educational, experience, and related requirements set by the
appointing authority. Provisional appointment shall be for a
period of not more than nine months. Any provisional employee
failing to qualify by examination shall be separated from the
position after the appropriate eligible register is certified
and the replacement appointed or earlier at the direction of
the mayor. The provisional appointment of an individual shall
not confer on the appointee any rights of status, appeal, or
related rights set forth in this act.
(f) No officer or employee of any department of the
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(f) No officer or employee of any department of the
city shall make or approve any payment for personal services
to any individual holding a position in the regular service
not otherwise exempt from this act unless the position was
filled from a certified list of eligibles approved by the
director. The director may refuse to certify the payroll,
voucher, or account of any ineligible individual found to be
performing the duties of a position.
(g) The appointing authority shall not be bound by the
list of eligibles to fill any vacancy set forth for positions
in the exempt service. Further, an appointment to the exempt
service shall not confer any right of status, appeal, or any
related right under this act.
(h) Vacancies in positions above the lowest rank in any
category in the classified service shall be filled as far as
practicable by the promotion of employees in the service
unless otherwise determined by the appointing authority. In
each case, the appointing authority shall determine whether an
open-competitive or promotional examination will serve the
best interests of the service in attracting well-qualified
candidates. Promotions in every case must involve a definite
increase in duties and responsibility. The change of an
employee from a position in a class to a position in another
related occupational class for which the maximum rate is
higher shall be deemed a promotion.
(i) An employee may be demoted to a position of a lower
grade or pay for which he or she is qualified for any of the
following reasons:
(1) The employee would otherwise be laid off because
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(1) The employee would otherwise be laid off because
the position is being abolished or reclassified to a different
grade, there is a lack of work or funds, or another employee
returns to the position from an authorized leave.
(2) The employee does not possess the necessary
qualifications to render satisfactory service in the position.
(3) The employee is removed during probation.
(4) The employee voluntarily requests the demotion.
(5) The employee is demoted for disciplinary reasons.
(j) All demotions shall be approved by the appointing
authority and pursuant to the rules adopted by the city. If a
non-probationary employee is demoted against his or her will,
he or she may appeal to the board as provided in this act.
(k) The involuntary change of an employee from a
position in a class or job to another class or job for which
the maximum rate is lower shall be deemed a demotion and shall
be carried out in accordance with this act.
(l) The appointing authority, at any time, may assign
an employee in the regular service under his or her
jurisdiction from one position to another in the same class
regardless of the shift, location, hours of work, or other
consideration as long as the work week basis remains the same.
Any transfer made pursuant to this subsection shall be made
with the retention of all rights of seniority, vacation, sick
leave, and overtime as the employee may have accrued.
(m) An appointing authority may assign any employee in
the regular service under his or her jurisdiction any duties
related to the employee's current classification. An employee
in the regular service may not be assigned the duties of a
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in the regular service may not be assigned the duties of a
different class for a period in excess of one year. Any and
all assignments outside the classification shall be
immediately reported to the director and the mayor.
Section 11. (a) The tenure of every employee in the
regular service shall be conditioned on the satisfactory
conduct of the employee and the continued efficient
performance of assigned duties and responsibilities. A regular
employee may be dismissed, demoted, or suspended for cause or
for any reason deemed to be in the best interests of the
public service and shall have the right of appeal as set forth
in Section 12. The reasons for the action shall be furnished
in writing to the employee and the director.
(b) The following are among the causes which are
sufficient for dismissal, demotion, or suspension:
(1) Absence without leave.
(2) A conviction for any criminal act involving
controlled substances, alcohol, violence, theft, embezzlement,
or any crime charged as a felony.
(3) Conduct unbecoming an employee in the public
service.
(4) Conviction for a criminal offense involving moral
turpitude.
(5) Disorderly or immoral conduct.
(6) Failure to pay or make proper provision for the
liquidation of just debts.
(7) Incapacity due to mental or physical disability of
a permanent nature.
(8) Incompetency or inefficiency.
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(8) Incompetency or inefficiency.
(9) Acts of insubordination, including, but not limited
to, refusal to obey legitimate orders, delay or failure to
carry out assigned work, disrespect, insolence, or like
behavior.
(10) Intoxication while on duty or public intoxication
while off duty.
(11) Neglect of duty.
(12) Negligence or willful damage to public property or
waste of public supplies or equipment.
(13) Violation of any regulations or orders published,
made, or given by a superior officer.
(14) Willful violation of any provision of this act or
the employee handbook.
(15) Violation of city or departmental rules or
regulations.
(16) Tardiness.
(17) Disregard of safety rules or regulations.
(18) Falsification, misrepresentation, or suppression
of any information, including, but not limited to, employment
applications, employee reports, records, or time entry
required by or supplied to any agency, including, but not
limited to, the city.
(19) Refusal to fully and truthfully answer questions
from a supervisor or other designated individual during any
inquiry, interrogation, hearing, or court proceeding.
(20) Habitual or repetitive acts of misconduct,
violations of policy, or infractions of rules or regulations.
(21) Use of paid time for personal reasons or business
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(21) Use of paid time for personal reasons or business
reasons other than the purposes for which the individual was
hired.
(22) Failure to maintain required objective
certifications or other requirements necessary to perform the
duties of employment.
(23) For any other reason deemed to be in the best
interest of the public service.
(c) Notice of suspension, dismissal, or demotion shall
be in writing and shall set forth all of the following:
(1) The cause of action.
(2) The discipline imposed.
(3) The date the suspension, dismissal, or demotion is
set to become effective.
(4) Any other information deemed appropriate.
(d) A copy of the notice shall be delivered to the
director on the same day that the notice is served on the
employee. Notification shall be made prior to or on the date
the dismissal or demotion is to be carried out, or as soon as
practicable.
(e) An appointing authority may suspend without pay any
employee under his or her supervision. In the event a
suspension or series of suspensions do not exceed an aggregate
of 40 working hours for a single offense or 80 working hours
in any year of service, the employee shall not have the right
of a hearing. If a suspension or series of suspensions do
exceed those limits, a regular employee may appeal as provided
in Section 12. A suspension shall be affected by service upon
the employee by the appointing authority of a written
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the employee by the appointing authority of a written
statement of the delinquency for which suspension was made
with a copy delivered to the director. The suspended employee
may file an answer with the board and the department head.
(f) An employee serving a probationary period may be
disciplined, demoted, or dismissed by an appointing authority
without right of appeal.
(g) Any employee suspended without right to a hearing
may obtain a review of the suspension by the appointing
authority by filing with the mayor, not more than two business
days after receipt, a written answer to the charges and a
request for the review.
Section 12. (a) An employee with regular status may
appeal disciplinary action of dismissal, demotion, or
suspension. The discipline imposed shall not be otherwise set
aside the pendency of an appeal. An employee desiring to
appeal, within 10 calendar days after notice of disciplinary
action, shall file with the director and the mayor a written
answer to the charges and request a hearing. The answer shall
contain all of the following:
(1) The reason for the dismissal, demotion, or
suspension.
(2) An admission or denial of guilt.
(3) The reasons why the dismissal, demotion, or
suspension should not take effect.
(b) Upon timely appeal, the board shall order a hearing
of the charges before a hearing officer appointed pursuant to
board rules and this act. The hearing shall be solely for the
purpose of determining whether substantial evidence supports
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purpose of determining whether substantial evidence supports
the disciplinary action, and whether the employee, by reason
of his or her act or acts as charged and his or her record of
service, should be retained in the service, removed, or
otherwise disciplined. A hearing officer shall not be bound by
the technical rules of evidence but shall diligently seek all
the information bearing on the merits of the case. Each
hearing officer shall be a practicing attorney licensed in
this state who shall take testimony offered in support and
denial of the charges and, within 15 days of the hearing,
shall submit to the board and the parties a finding of facts,
an interpretation of law, and a recommended decision. Either
party may be represented by counsel.
(c) The hearing officer may permit discovery by any
party. The hearing officer shall hold the hearing within 30
calendar days of his or her appointment by the board unless
all parties consent to a continuance. The hearing officer may
authorize the parties to use one or more discovery methods
from the Alabama Rules of Civil Procedure, provided that the
hearing officer shall determine the specific rules of
discovery and shall set the required times of response.
(d) When a request for discovery is directed to an
officer or employee of the city, the city shall make the
individual available on official time for the purpose of
responding to the request and shall assist the individual as
necessary in responding to the request. A party seeking
discovery from a nonparty shall initiate the process by
serving a request for discovery signed by the hearing officer
on the individual. The hearing officer may issue subpoenas for
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on the individual. The hearing officer may issue subpoenas for
production and attendance, enforceable by the Circuit Court of
Shelby County, upon failure to obtain the voluntary
cooperation of a nonparty. Upon written request, the hearing
officer may subpoena noncharacter witnesses for or against the
employee. Employees in the regular service shall be required
to attend and testify without subpoena.
(e) The parties shall be present at the next regular or
special meeting held by the board after receipt of the hearing
officer's findings. The board shall consider the report and
may do any of the following:
(1) Set aside the report.
(2) Order a new hearing.
(3) Rescind, modify, or increase the penalty imposed by
the appointing authority.
(4) Affirm the report as written and certify its
findings to the appointing authority.
(f) At the meeting, the board may request summation
statements from the parties, not to exceed 15 minutes per
party, in response to the hearing officer's report. A
summation statement shall be limited to the finding of facts.
The board shall render its decision at the meeting, unless the
board votes to continue the hearing to a date certain and
notifies all parties of that date.
(g) A decision of the board shall be final and may be
appealed by either party to the circuit court to review
questions of law and whether the decision is supported by
substantial and legal evidence. On appeal, the circuit court
may not reverse the finding of the board unless the court
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may not reverse the finding of the board unless the court
finds the decision was arbitrary and capricious against the
great weight of evidence, or otherwise invalid due to fraud,
and shall reverse, remand, or render the cause. The decision
of the board shall be controlling until reversed on appeal.
(h) An appeal to the circuit court shall be perfected
by filing a notice of appeal with the Circuit Court of Shelby
County, signed by the appealing party, indicating that the
party appeals the board's decision and citing the reasons for
the appeal. A notice of appeal shall confer jurisdiction upon
the circuit court. A notice of appeal must be filed within 10
calendar days of the announcement of the board's decision, and
an appeal shall be served on the director within two days of
the file of the notice of appeal with the circuit court.
Section 13. (a) All of the following activities shall
be prohibited:
(1) No individual may be appointed or promoted to, or
dismissed from, any position, or any way favored or
discriminated against with respect to employment on the basis
of any characteristic protected by federal law.
(2) No individual may seek or attempt to use any
political endorsement in connection with any appointment to a
position.
(3) No individual may use, directly or indirectly, any
official possessed or anticipated authority to influence,
secure, or attempt to secure for any other individual an
appointment or advantage in appointment to any position, an
increase in pay, or any other advantage in employment in a
position, for the purpose of influencing the vote or political
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position, for the purpose of influencing the vote or political
action of any individual, or for any consideration.
(4) No individual in the employment of the city,
whether regular or otherwise, may be denied the right to
participate in political activities, to the same extent as any
other resident of the state, including endorsing candidates or
contributing to campaigns.
(5) No individual in the employment of the city may be
prohibited from joining local political clubs or organizations
or state or national political parties.
(6) No individual in the employment of the city may be
prohibited from publicly supporting issues of public welfare
or circulating or contributing to petitions calling for or
supporting referendums.
(7) No individual may engage in political activity
while on duty or in uniform.
(8) No individual may attempt to use political
authority or position for the purposes of influencing the vote
or political action of another individual.
(b) A regular employee of the city may seek candidacy
for public office by resigning his or her position for the
purpose of becoming a candidate for nomination or election to
a public office in the city. The employee's resignation shall
be considered a leave of absence without pay if all of the
following conditions are met:
(1) A written resignation is submitted to the
employee's appointing authority stating the purpose for the
resignation with a copy forwarded to the director.
(2) Within six months of the resignation date, he or
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(2) Within six months of the resignation date, he or
she requests to be reinstated to the eligible register for the
position.
(3) The position has not been filled between the
resignation date and the appointment date.
(4) Within six months of the resignation date, he or
she is reappointed to the position.
Section 14. Act 92-201, 1992 Regular Session (Acts
1992, p. 442), relating to the civil service system of the
City of Helena, is repealed.
Section 15. This act shall become effective on June 1,
2026.
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2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 26-Feb-26, as amended.
John Treadwell
Clerk
Senate 05-Mar-26 Amended and Passed
House 05-Mar-26 Concurred in Senate
Amendment
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