SB341 Alabama 2011 Session

Summary

Primary Sponsor

Del Marsh

Republican

Co-Sponsor

Clay Scofield

Session

Regular Session 2011

Title

State employees, classified, suspensions, procedures for challenge or appeal revised, Sec. 36-26-28 am'd.

Description

Under existing law, a classified employee suspended by an appointing authority may appeal the suspension by following certain procedures. The appointing authority has discretion of whether to stay the suspension pending the disposition of the appeal or proceed with the suspension and provide the employee with a post-suspension review.

Also under existing law, a panel or a designated hearing officer may be appointed to review the suspension and to recommend whether the suspension should be revoked or upheld. This process does not apply to any department or agency with fewer than 25 employees or any department that uses a pre-disciplinary hearing before an independent hearing officer or an appeal hearing before an in-house hearing officer independent of the division or area in which the employee works.

This bill would eliminate the requirement that a copy of the written charges establishing the reasons for the suspension be provided to the State Personnel Director.

This bill would revise the suspension-challenge process for classified employees by requiring the use of an independent hearing officer to hear evidence and make a recommendation regarding a suspension if an employee requests a suspension hearing.

This bill would eliminate an appointing authority's discretion whether to stay the suspension pending the challenge or provide the employee with post-suspension review.

This bill would provide that an independent hearing officer would be appointed from a list of eligible hearing officers to be maintained by the State Personnel Department or the Governmental Hearing Officer register.

This bill would provide an employee with a process to challenge the appointment of a particular independent hearing officer.

This bill would also apply the suspension-challenge process to all state departments and agencies regardless of size or use of a pre-disciplinary hearing or an appeal hearing before an in-house hearing officer.

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Subjects

State Employees