ACT NO. 93-555 (p. 909), PERSONAL SYSTEM FOR WATERWORKS AND SANITARY SEWER BOARD

Montgomery City Code pt. App. A, ch. 4, art. III

in effect

Montgomery City Code, App. A, ch. 4, art. III, § 1 Purpose.

Section 1. - Purpose. The Waterworks and Sanitary Sewer Board of the City of Montgomery ("board") shall establish and administer its own personnel merit system based on principles of human resources management which shall include equity, fairness, and compliance with all applicable state and federal laws. This shall be a merit based personnel system which seeks to maintain high quality employee conduct, integrity, and concern for the public interest. These factors shall be the basis for all personnel decisions whether made by the human resources department, the board, or the personnel appeals board.

Montgomery City Code, App. A, ch. 4, art. III, § 2 Definitions.

Section 2. - Definitions. The following terms whenever used in this act shall have the meanings respectively ascribed in this section unless the content plainly indicates a contrary meaning. A. Appeals board. The personnel appeals board created by the board and whose members are elected by the board. B. Board. The Waterworks and Sanitary Sewer Board of the City of Montgomery. C. Department. The human resources department, a department of the board created to carry out all personnel and related matters as designated by the board. D. Employee. Any individual who works for the board in a classified or unclassified position whose salary is paid with funds allocated by the board. (1) Unclassified employee. An employee who serves at the pleasure of the board and who is not a participant in the merit based personnel system hereby established. The following are unclassified employees: (a) Members of the board. (b) Volunteer personnel who receive no compensation from the board. (c) Persons performing work under contract with the board and not carried on the payroll as employees. (d) Persons whose employment is subject to the approval of the United States Government, the city or county of Montgomery, or the State of Alabama. (e) Temporary employees, and (f) Other persons so designated by the board who meet the intent of this section. (2) Classified employee. An employee who is assigned to an on-going position authorized by the board, whose salary is paid with funds allocated by the board, and who may become a participant in the merit based personnel system hereby established following an initial probationary period. E. Vacancy. A position approved and funded by the board that is currently unoccupied or is being filled by a temporary employee.

Montgomery City Code, App. A, ch. 4, art. III, § 3 Principles.

Section 3. - Principles. There is hereby established a merit based personnel system for classified employees of the board. The department shall promulgate rules, regulations, and procedures necessary to implement the following principles: (1) Recruiting, selecting, and advancing employees based on their ability, knowledge, and skills, including the open competition of qualified applicants for initial appointment; (2) Establishing pay rates consistent with the principle of comparable pay for comparable jobs; (3) Training employees, as needed, to assure quality job performance; (4) Retaining employees on the basis of board needs, adequacy of performance, correcting inadequate performance when possible, and separating employees whose continued employment is not in the best interests of the board; (5) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, sex, race, color, religion, national origin, disability, or age; (6) Providing all classified employees who have been disciplined and/or who have grievances a fair and impartial hearing and resolution of such disciplinary action and grievances.

Montgomery City Code, App. A, ch. 4, art. III, § 4 Continuation of employment.

Section 4. - Continuation of employment. A. All classified employment with the board is contingent upon: (1) Availability of funds, (2) The board's need for work to be done, (3) The employee's compliance with all rules, policies and procedures established in accordance with this act, and (4) Satisfactory job performance by the employee. B. All classified employees who have successfully completed a probationary period shall not be separated from board employment without a hearing before the appeals board pursuant to the rules, regulations, and procedures promulgated by the department, if the employee requests such a hearing.

Montgomery City Code, App. A, ch. 4, art. III, § 5 Establishment of human resources department.

Section 5. - Establishment of human resources department. A. The board shall establish a human resources department ("department") within the board. The board shall adopt all rules, policies, and procedures necessary for creation and operation of the department. B. The department shall assist the board in the creation and implementation of a personnel system. The department shall carry out all activities assigned to it by the board. This shall include promulgating all necessary rules, policies, and procedures; overseeing benefits related to employment; assisting department heads; assisting employees; providing clerical and administrative assistance to the personnel appeals board; and any other functions deemed appropriate by the board — all with consideration and approval by the board.

Montgomery City Code, App. A, ch. 4, art. III, § 6 Rules, policies and procedures.

Section 6. - Rules, policies and procedures. The rules, policies and procedures necessary to implement this act must be promulgated by the department and approved by the board within 90 days of this act becoming effective. The rules, policies, and procedures adopted by the board shall be based on the principle that all employees and applicants shall receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, age, disability, and with proper regard for privacy and constitutional rights.

Montgomery City Code, App. A, ch. 4, art. III, § 7 Personnel appeals board.

Section 7. - Personnel appeals board. A. The board shall create a personnel appeals board ("appeals board") separate and apart from the board for the purpose of hearing all appeals from final employee actions by the board and as requested by the affected employee. The appeals board shall consist of three members appointed by vote of majority of the board members at any regularly or specially scheduled board meeting. B. The appeals board members must be residents of and qualified voters of the City of Montgomery at the time of appointment. A member may not be a board employee or board member or a blood relative (as defined by state merit system) of a board employee or board member. C. Each appeals board member shall be appointed for a three-year term (unless filling an unexpired term) and may be reappointed. However, the first appointed members shall serve staggered terms of three, two, and one years as determined by the board. D. The appeals board members shall elect a chairman annually by a majority vote. E. The appeals board shall meet at least quarterly and at such other times as determined by the chairman. F. The board shall determine the compensation of the appeals board members and shall also provide it with office space and support staff as reasonably necessary. G. The board shall promulgate the necessary rules, regulations and procedures for the operation of the appeals board.

Montgomery City Code, App. A, ch. 4, art. III, § 8 Employment.

Section 8. - Employment. All classified employees shall be hired from a certified register of job applicants who meet the job related qualifications as provided by the department. All personnel activities shall be in accordance with the rules, policies, and procedures enacted by the board.

Montgomery City Code, App. A, ch. 4, art. III, § 9 Political activity.

Section 9. - Political activity. A. Any employee may participate in city or state political activities to the same extent any citizen of Alabama may. This activity may include endorsing a candidate and contributing to campaigns. Employees may join local political organizations, and state and national political parties. Employees may also support issues of public welfare, circulate petitions, and make contributions. B. No employee of the board shall use his or her official position or authority to influence the vote or political action of any person, nor shall any board funds, property, or time be used for any political activity. No employee of the board shall solicit political contributions or solicit work in any capacity in a campaign from any person who is a subordinate employee.

Montgomery City Code, App. A, ch. 4, art. III, § 10 Transfer of records.

Section 10. - Transfer of records. All existing records related to board employees' employment shall be transferred to the human resources department.

Montgomery City Code, App. A, ch. 4, art. III, § 11 Retirement funds.

Section 11. - Retirement funds. All retirement funds of participating board employees shall remain with the Montgomery County Retirement System, unless the board creates its own retirement system and, if so, the then existing retirement funds of participating board employees shall be moved into the new board retirement system.

Source: City of Montgomery, Alabama, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/al/montgomery/codes/code_of_ordinances?nodeId=APXALOAC_CH4OFEM_ARTIIIACNO93-555P.909PESYWASASEBOFetched: 11/8/2026