ACT NO. 2280 OF 1971 (p. 3671), CITY PERSONNEL SYSTEM

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

in effect

Montgomery City Code, App. A, ch. 4, art. I, § 1 [Creation of board; composition; terms; officers; compensation of members.]

Section 1. - [Creation of board; composition; terms; officers; compensation of members.] (a) In each county of the State which has a population of not less than 150,000 people and not more than 180,000 people, according to the last or any subsequent federal census, there is hereby created and established a personnel department for the government and control of all employees and appointees holding positions in the classified service, as defined in section 4, of each such county and in all municipalities in each such county having a population of 5,000 or more people according to the last or any subsequent federal census. (b) The personnel department shall consist of a personnel board and a personnel director. The personnel board shall consist of three members with six year terms, to be appointed in the following manner: one by the governing body of the county, one by the governing body of the municipality therein having the greatest population at the time of such appointment according to the most recent federal census, and one by a majority of the circuit judges and probate judge of the county. At the expiration of the term of each member, his successor shall be appointed for a term of six years by the authority appointing the member whose term has expired; provided, however, that any personnel board [member] appointed pursuant to the provisions of any prior acts of the legislature affecting such counties and municipalities affected by the provisions of this act, shall continue to serve as the personnel board under the provisions of this act until the expiration of their respective terms under the prior acts of the legislature. Vacancies on the board shall be filled for the unexpired term by the authority appointing the vacating member. (c) The members of the board shall be qualified electors of the county. No person shall be appointed to the board who holds any salaried public office or employment, nor shall any member, while a member of the board or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the county or municipality or any county or municipal elective office. (d) The board shall hold one regular meeting each month and such special meetings as it shall deem necessary. The members of the board shall receive $25.00 per diem for each meeting of the Board they attend.

Montgomery City Code, App. A, ch. 4, art. I, § 2 [Chairman elected by board; functions of board.]

Section 2. - [Chairman elected by board; functions of board.] The members of the board shall elect one of their number as chairman. The Board shall determine the order of business for the conduct of its meetings and shall meet on the call of the chairman or two of the members. Two members of the Board shall constitute a quorum for the transaction of business. The functions of the Board shall be: (a) To formulate and promulgate a set of rules to supplement this act and revisions and amendments thereof. (b) To act in an advisory capacity to the governing bodies of the county and municipality on problems concerning personnel administration. (c) As provided by this act and by rule, to hear and decide appeals submitted by any person in the competitive service relative to any situation connected with his employment status or condition of employment. (d) In any investigation or hearing conducted by the board, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of county or municipality. Each member of the board shall have the power to administer oaths to witnesses. (e) To hold hearings on and adopt or revise the position classification plan. The board shall adopt a position classification plan and class specifications and revisions thereof, allocate and reallocate positions in the competitive service to classes. (f) To establish, after consultation with the governing body of the county and the governing body of municipalities and the elective officials of the county, coming within the provisions of this act, a pay plan for all employees in the classified service. Such pay plan shall include, for each class of positions, a minimum and a maximum rate or rates as may otherwise in specific instances be fixed by law and such intermediate rates as may be deemed necessary or advisable by the personnel board.

Montgomery City Code, App. A, ch. 4, art. I, § 3 [Appointment of director; duties.]

Section 3. - [Appointment of director; duties.] (a) The personnel board shall appoint a personnel director whose duty it shall be to act in the capacity of director for the personnel system. He shall act as secretary at board meetings, and shall be the board's executive officer, but shall not have a vote in determining the board's policy. He shall perform such duties as are assigned to him by the board. The compensation of the director shall be fixed by the board at a sum not to exceed the maximum rate adopted for classified employees who serve as department heads or as the administrative officers for a department. The director shall: (1) Attend all meetings of the personnel board. (2) Administer all provisions of this act and the rules established hereunder, not specifically reserved to the personnel board. (3) Under the directions of the board, prepare rules, and revisions and amendments thereof for the consideration of the board. (4) Under the direction of the board, prepare a position classification plan and class specifications and provisions thereof, for the consideration of the board. (b) The director shall recommend to the board and the board shall establish, after consultation with the governing body of the county and the governing body of municipalities and the elective officials of the county, coming within the provisions of this act, a pay plan for all exempted or unclassified employees except: Officials elected by popular vote and, in case of death, resignation, or removal, their legal substitutes. Members of appointive boards, commissions or committees. Employees appointed or employed by the county or city board of education. Persons in the "classified service" within the meaning of and subject to the State of Alabama Merit System under any present or future law, and so long as any such law remains effective and any person whose employment is subject to the approval of the United States Government or any agency thereof. The register of the circuit court, and the bailiff and court reporter appointed by each judge of the circuit court. Any employee receiving his compensation from any elected official. Attorneys, physicians, surgeons and dentists who serve part time, excepting the city recorder and city prosecutor. The county agent, assistant county agent, home demonstration agent and assistant home demonstration agent.

Montgomery City Code, App. A, ch. 4, art. I, § 4 [Exemptions.]

Section 4. - [Exemptions.] (a) The provisions of this act shall apply to all officers and employees in the service of the county and affected municipalities, except: (1) Elective officials. Provided however, that in the event the status of an elective officer of the county or municipality is changed to that of an appointive officer, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of the term, providing that he shall have served in such position for a period of at least six months continuously, immediately prior to the expiration of the term of office, shall assume regular status in the competitive service without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this act. (2) Members of appointive boards, commissions, and committees. (3) All employees or appointees of the city or county board of education, or persons engaged in the profession of teaching or in supervising teaching in the public schools; excepting, however, personnel employed in kindergartens or schools not a part of the city or county school system operated under the direction and supervision of the city or county board of education. (4) Attorneys, physicians, surgeons and dentists who, with the express or implied permission of any appointing authority or of the county or municipality, hold themselves out for employment by others in the same or a like line of work as that performed by them for such appointing authority; excepting, however, municipal recorders or assistant recorders and city or municipal prosecutors or assistant city or municipal prosecutors. (5) The personnel director provided for by this act. (6) Persons in the "classified service" within the meaning of and subject to the State of Alabama merit system under any present or future law, and so long as any such law remains effective. (7) One private secretary or executive assistant of a member of the governing body of such municipality, the bailiff appointed by each judge of the circuit court, and two clerks to be designated by each county elective official and also the register of the circuit court except the member of the board of revenue; and any employee receiving his compensation from any elected official of the county. (8) One clerk, deputy, or employee to be named by the clerk of the circuit court for his or her office, one clerk, deputy, or employee to be named by the register of the circuit court for his or her office. (9) The chief of police, fire chief, chief financial officer, head of the department of parks and recreation, head of the maintenance department, and head of the sanitation department of any affected municipality who shall be appointed and serve at the pleasure of the mayor of the affected municipality. Any person appointed to a position pursuant to this subdivision shall meet at least the minimum qualifications for the position as shall be established by the personnel board. Notwithstanding any other provisions of this act, the compensation of persons appointed pursuant to this subdivision shall be set by the personnel board pursuant to a pay and classification study. (b) Offices, positions and employments not exempted above shall constitute the competitive or classified service of the county and affected municipalities. It is intended hereby to include within the competitive or classified service all offices, positions and employments in each such county and any such municipalities therein as these offices, positions and employment now exist, or as they may hereafter exist, the holders of which are paid, whether by salaries, wages and fees, in whole or in part from funds of any such county or municipality, or the holders of which receive their compensation from any elected official and perform duties pertaining to the office of such elected official or officer except those hereinabove numerated in this section. It is also intended hereby that the competitive or classified service shall include all personnel of any public corporation, board, committee, or commission, appointed or created by the governing body of any such county or municipality whether the salaries, wages or compensation of such officers or employees are paid directly by such county or municipality; provided, however, the appointed members of any such public corporation, board, committee or commission shall not be included in the competitive or classified service. (Act No. 2003-274, p. 647, § 1)

Montgomery City Code, App. A, ch. 4, art. I, § 5 [Rules establishing specific procedures.]

Section 5. - [Rules establishing specific procedures.] (a) In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this act, rules shall be formulated and adopted by the personnel board establishing specific procedures to govern the following phases of the personnel program: (1) The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service. (2) The formulation of minimum standards and qualifications for each class of position. (3) The public announcement of vacancies and examinations and the acceptance of applications for employment. (4) The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment. (5) The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments. (6) The evaluation of employees during the probationary period. (7) The transfer, promotion, demotion and reinstatement of employees in the competitive service, provided that no person shall be transferred, promoted or demoted without the approval of the officer in whom the power to make the appointment is vested by law. (8) The separation from the service of employees through layoff, suspension, dismissal, and for incapacity to perform required duties. (9) The standardization of hours of work, attendance and leave, regulations, working conditions, and the development of employee morale, welfare and training. Provided, that no rule or regulation shall prohibit or prevent any employee from working overtime should it be necessary in the public interest in the opinion of the officer in whom the power to make appointments is vested by law; however, any employee who works overtime shall be compensated therefor only by overtime pay for any overtime work performed over 40 hours per weeks, holidays or beyond the normal tour of duty. (10) The maintenance and use of necessary records and forms. (b) Notwithstanding any other provision of this act, the personnel board shall establish a position either within the classified service or outside the classified service as the city council of any affected municipality may be resolution request to assist the council in the performance of the duties relating to the work of the council as the council may be majority vote assign and appoint. The compensation of the employee shall be set by the mayor and approved by the city council or set by the personnel board pursuant to a pay and classification study. The employee shall be paid from the same funds and in the same manner as other city employees. The employee shall be reason of employment become a member of the pension system governing the general employees of the city, if there is a system to the same extent and in the same manner as other general employees of the city; provided, application for inclusion in the pension system shall be made to the board or other authority administering the pension system within 30 days of this act becoming law or, thereafter, within 30 days of appointment. If not application is made within that time, the council employee shall not thereafter be a member of the system. (Act No. 2003-333, p. 838, § 1)

Montgomery City Code, App. A, ch. 4, art. I, § 6 [Appointments.]

Section 6. - [Appointments.] (a) Appointments to vacant positions in the competitive or classified service shall be made in accordance with the rules established hereunder and from employment lists resulting from competitive examination, or by promotion, transfer, demotion or reinstatement. Appointments shall be made by the governing body of the county or municipality, or by the officer in whom the power to make appointments is vested by law. (b) If appointment is to be made from employment or promotional lists, the names of persons willing to accept appointment shall be certified by the personnel director in the order in which they appear on the lists. The number of names certified shall exceed by four the number of vacancies to be filled. (c) In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within 90 days. No person shall be employed under temporary appointment for a total of more than 90 days in any fiscal year. In the event of emergency, the appointing power may appoint such persons as are required to meet the situation but such appointment shall not exceed 30 working days, except in case of a war emergency so declared by an Act of Congress, such appointments may continue until the termination of such emergency. (d) No credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists, for service rendered under a temporary appointment. (e) During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of any employee, the vacancy created may be filled by the appointing power only by temporary appointment.

Montgomery City Code, App. A, ch. 4, art. I, § 7 [Probationary period.]

Section 7. - [Probationary period.] (a) All original and promotional appointments shall be for a probationary period of six months during which the employee may be rejected by the appointing authorities as set out in section 6 (a) herein at any time without right of appeal or hearing in any manner. (b) An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged as provided in this act and the rules. (c) Any employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if within six months after such promotion or transfer action is taken to dismiss him, unless charges are filed and he is discharged in the manner provided in this act and the rules established hereunder for positions in the competitive service.

Montgomery City Code, App. A, ch. 4, art. I, § 8 [Incumbents.]

Section 8. - [Incumbents.] (a) Any person holding a position or employment included in the competitive service, who, on the effective date of this act, shall have served continuously in such position, or in some other position included in the competitive service, for a period of at least six months immediately prior to such effective date, shall assume regular status in the competitive service in the position held on such effective date without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this act. (b) Any other persons holding positions or employments in the competitive service shall be regarded as holding their positions or employment as probationers who are serving out the balance of their probationary periods before obtaining regular status.

Montgomery City Code, App. A, ch. 4, art. I, § 9 [Powers to select, promote and suspend.]

Section 9. - [Powers to select, promote and suspend.] [(a)] The governing bodies of the county and municipality and any officer in whom is vested by law the power to make transfers, promotions, demotions, reinstatements, layoffs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this act and the rules established hereunder, it being the intent and spirit of this act to provide a fair and just approach to county and municipal employment in order that employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (b) Any person holding a position or employment in the competitive service shall be subject to suspension without pay by the appointing power and without right of appeal, but such suspension shall not exceed a total of 30 days in any fiscal year.

Montgomery City Code, App. A, ch. 4, art. I, § 10 [Grievances.]

Section 10. - [Grievances.] (a) Any employee in the competitive service who has been demoted, dismissed or reduced in pay, shall be entitled to receive a written statement of the reasons for such action within three days, and he shall have three days' time thereafter within which to answer in writing thereto. A copy of such charges and answer shall be filed with the personnel director. In the event the employee files an answer, a copy of such written charges and of such answer shall be transmitted by the personnel director to the personnel board. Within ten days from the date of filing his answer to the written charges, or in the event such written charges have not been made available to him within the time prescribed, then within ten days after the action taken to demote, dismiss or reduce the pay of the employee, he may file a written demand with the personnel director requesting a hearing before the personnel board. The board shall then investigate the case and conduct a hearing as provided by this act and by the rules. (b) The provisions of this section and of section 11 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as a part of a general curtailment program.

Montgomery City Code, App. A, ch. 4, art. I, § 11 [Hearings.]

Section 11. - [Hearings.] (a) Any employee in the competitive service shall have the right to appeal to the personnel board relative to any situation affecting his employment status or conditions of employment except in instances where the right of appeal is prohibited by this act. Thereupon the board shall make such investigation as it may deem necessary and within 20 days after the request for hearing was filed by the employee, the board shall hold a hearing, at which time it shall hear evidence for and against such employee. Hearings may be informally conducted and the rules of evidence need not apply. (b) Within ten days after concluding the hearing, the personnel board shall certify its findings and order to the authority from whose action the appeal was taken. Such official shall then affirm, revoke or modify the action taken so as to conform with the findings and order of the board. The findings and order of the personnel board shall be final and conclusive and shall not be reviewable in any court.

Montgomery City Code, App. A, ch. 4, art. I, § 12 [Abolishing positions.]

Section 12. - [Abolishing positions.] Whenever in the judgment of the governing body of the county or municipality or any elected county official it becomes necessary in the interest of economy or because the necessity for any position in its or his department no longer exists, it or he may abolish any position or employment in the competitive service and lay off the employee holding such position or employment without filing written charges and without the right of appeal. The name of such an employee so laid off shall be placed at the top of the appropriate employment list or lists as provided by the rules.

Montgomery City Code, App. A, ch. 4, art. I, § 13 [Holding of political office and/or contributions prohibited.]

Section 13. - [Holding of political office and/or contributions prohibited.] (a) No person holding a position in the competitive service shall seek or accept election, nomination or appointment as an officer of a county or municipal political club or organization, or take an active part in, or make any contribution or donation to, any county or municipal political campaign, or serve as a member of a committee of such club or organization or circle, or seek signatures to any petition provided for by any election law, or act as a worker at the polls, or distribute badges or pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election, or for nomination to a public office, whether county or municipal; provided, however, that nothing in this act shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to a public office. (b) Any wilful violation of this section, or violation through culpable negligence, shall be sufficient grounds to authorize the discharge of any person in the competitive service.

Montgomery City Code, App. A, ch. 4, art. I, § 14 [Solicitation prohibited.]

Section 14. - [Solicitation prohibited.] No officer, agent, clerk or employee, under the government of the county or municipality and no candidate for any county or municipal office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary for any political purpose whatsoever, from anyone holding any position in the competitive service under the provisions of this act.

Montgomery City Code, App. A, ch. 4, art. I, § 15 [Legal service.]

Section 15. - [Legal service.] In any matter requiring the services of an attorney, the personnel board may call upon the county or city attorney of any such county or city to render such legal services to the board as it may deem necessary or advisable, or the board may employ independent counsel and the compensation of such independent counsel shall be paid as other employees of the board are paid.

Montgomery City Code, App. A, ch. 4, art. I, § 16 [Compensation of members.]

Section 16. - [Compensation of members.] The compensation and all other expenses of the personnel board, the personnel director and all others arising under the provisions hereof, shall be paid by warrants drawn by the board of revenue on the general fund of the county. At the end of the county's fiscal year it shall prorate the total sum which it has expended for the purpose of this act between itself and the municipality subject to this act, charging each with such part of the total sum so expended as the total number of employees of such county, or municipality, who were subject to the provisions of this act on the last day of the county's fiscal year, bears to the total number of employees of both county and municipality subject to the provisions of this act on such last day of the county's fiscal year. The sum so arrived at by the county as the proper contribution of each shall be certified to the personnel director and when approved by him in writing, shall become a liability of the municipality and shall be paid immediately to the county. In the event the salaries of a county or municipality are paid in part from different treasuries or different funds, in the same treasury, the liability for this contribution shall accrue against such various treasuries or funds in the same proportion, as the salaries of the employees of the county or municipality are paid therefrom. In the event any contribution levied hereunder shall not be paid within 30 days after approval by the personnel director, the county may bring suit therefor in any court of competent jurisdiction and any judgment so recovered shall be satisfied from any funds in such treasury or funds against which such contribution levy lies.

Montgomery City Code, App. A, ch. 4, art. I, § 17 [Warrants; head of department approval.]

Section 17. - [Warrants; head of department approval.] It shall be unlawful for any county, municipal, public corporation, board or commission, official, officer or employee, or any other fiscal officer, to draw or issue any warrant to the county, municipal, public corporation, board or commission treasury, or county, municipal, public corporation, board or commission depository, for the payment of any salary or compensation to any person in the county, municipal, public corporation, board or commission service for personal services, unless the payroll, estimate, voucher, or account for such salary or compensation containing the name of the person to be paid shall bear the certification of the head of the department wherein such person works that the person or persons named therein are employees of the county, municipality, public corporation, board or commission and are legally entitled to receive the sums stated therein.

Montgomery City Code, App. A, ch. 4, art. I, § 18 [Creation and establishment of personnel merit system for housing authority.]

Section 18. - [Creation and establishment of personnel merit system for housing authority.] Section 1. For purposes of this act the following words shall have the following meanings: (1) Appeals board. The personnel appeals board. (2) Authority. The Housing Authority of the City of Montgomery, Alabama. (3) Classified employee. An employee who is assigned to an ongoing position authorized by the authority whose salary is paid with funds allocated by the authority, and who may become a participant in the merit based personnel system established by the authority following an initial probationary period. (4) Department. The human resources department. (5) Employee. An individual who is employed by the authority in a classified or unclassified position, and whose salary is paid with funds allocated by the authority. (6) Unclassified employee. An employee who serves at the pleasure of the board, and who is not a participant in the merit based personnel system as established. The following are unclassified employees: a. Members of the authority. b. Volunteer personnel who receive no compensation from the authority. c. Persons performing work under contract with the authority and not carried on the payroll as employees. d. Persons whose employment is subject to the approval of the United States Government, City of Montgomery, County of Montgomery, or the State of Alabama. e. Temporary employees. f. Other persons designated by the authority who meet the intent of this subdivision. (7) Vacancy. A position approved and funded by the authority that is currently unoccupied or is being filled by a temporary employee. Section 2. The authority 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 department, the authority, or the appeals board. Section 3. (a) The authority shall establish a department, and it shall adopt rules, policies, and procedures necessary for the creation and operation of the department. (b) The department shall assist the authority in the creation and implementation of a personnel system. The department shall do all of the following: (1) Carry out all activities assigned to it by the authority. (2) Adopt rules, policies, and procedures, and overseeing benefits related to employment. (3) Assist the department head. (4) Assist employees. (5) Provide clerical and administrative assistance to the appeals board. (6) Perform other functions deemed appropriate and approved by the authority. Section 4. (a) All classified employment with the authority shall be contingent upon all of the following: (1) Availability of funds. (2) The authority's need for the work to be done. (3) The employee's compliance with all rules, policies, and procedures established in accordance with this act. (4) Satisfactory job performance by the employee. (b) Each classified employee who has successfully completed a probationary period may not be separated from employment with the authority without a hearing before the appeals board pursuant to the rules and procedures adopted by the department, if he or she requests a hearing. (c) (1) Notwithstanding the provisions of this section, the executive director of the authority shall be appointed by the authority. (2) The executive director shall appoint individuals to serve as heads of departments within the authority. Section 5. The rules, policies, and procedures necessary to implement this act shall be promulgated by the department and approved by the authority within 90 days of this act becoming effective. The rules, policies, and procedures adopted by the authority shall be based on the principles 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. Section 6. (a) The authority shall hear all actions regarding final employees' actions by the authority, and as requested by the affected employee. In lieu of hearing an appeal of action, the authority may appoint a committee to hear the appeal. The authority shall promulgate the necessary rules and procedures for the operation of the appeals committee. Section 7. 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 authority. Section 8. (a) An employee may participate in city or state political activities to the same extent of any citizen of Alabama and this activity must occur after the work hours and on the personal time of the employee. 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) The employees of the authority may not use his or her official position to influence the vote or political action of any person, nor shall any board funds, property, or time be used for any political activity. The employees of the authority may not solicit political contributions or solicit work in any capacity in a campaign from any person who is a subordinate employee. Section 9. All employment records related to the employment of current employees of the authority existing prior to the enactment of this act shall be transferred to the department. Section 10. The retirement fund of each participating employee of the authority shall remain with the Montgomery Housing Authority Retirement System, unless the authority creates its own retirement system and, if so, the existing retirement fund of each participating employee of the authority shall be transferred to the new retirement system created by the authority. (Act. No. 2013-326)

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_ARTIACNO22801971P.3671PESYFetched: 11/8/2026