[Creation and establishment of personnel merit system for housing authority.]
Montgomery City Code, App. A, ch. 4, art. I, § 18
in effectSection 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.3671PESY_S18CRESPEMESYHOAUFetched: 11/8/2026