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Alabama · Through Act 2026-611

Ala. Code § 45-58A-70.49

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Where this section sits in the code
  1. Title 45 Local Laws.
  2. Chapter 58A Shelby County Municipalities.
  3. Article 7 Helena.
  4. Part 1 Employees.

(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.

(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 part 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 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 does 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 does exceed those limits, a regular employee may appeal as provided in Section 45-58A-70.50. A suspension shall be affected by service upon 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.

Collected 2026-09-03T14:01:54Z. Source file · JSON

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