SB76 Alabama 2012 Session

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

Relating to suspensions of classified employees; to amend Section 36-26-28, Code of Alabama 1975, to revise the suspension process for classified employees; to eliminate post-suspension review of suspensions; to provide for a hearing before an independent hearing officer; to provide procedures for appointment of an independent hearing officer; to provide a classified employee with the right to challenge the appointment of a particular hearing officer; and to apply the suspension-challenge process to all state departments and agencies regardless of size or use of particular challenge procedures.