HB 478

Relating to Jefferson County; to amend Section 45-37-82.01, Code of Alabama 1975, relating to the Office of the District Attorney of the Tenth Judicial Circuit, Bessemer Division; to provide for the appointment of two additional assistant district attorneys.

Section 1

Section 45-37-82.01, Code of Alabama 1975, is amended to read as follows:

§45-37-82.01.

(a) In the Tenth Judicial Circuit, Bessemer Division, the elected assistant district attorney of the circuit may appoint 13 15 deputy district attorneys. The deputy district attorneys appointed pursuant to this section shall be qualified to practice law in the courts of this state, and shall serve at the pleasure of the appointing elected assistant district attorney. The deputy district attorneys shall be state officers and shall perform the duties in the circuit as the elected assistant district attorney may require.

(b) The elected assistant district attorney may designate one deputy district attorney to serve as chief deputy district attorney, four deputy district attorneys to serve as Level I deputy district attorneys, four five deputy district attorneys to serve as Level II deputy district attorneys, and four five deputy district attorneys to serve as Level III deputy district attorneys.

(c) The total annual compensation to be received by each deputy district attorney shall be computed by the use of levels and steps. Levels shall refer to the amount of legal experience which each deputy district attorney had at the time of appointment to the office. It is intended to entitle an attorney with applicable legal experience to commence the office at a higher rate of pay than one who has less applicable legal experience. Steps shall refer to the amount of time that the deputy district attorney has served in the office as deputy district attorney or the length of time that the officer shall continue. It is intended by this provision to allow periodic increases in pay as incentive for the officer to continue to serve in the office; however, the elected assistant district attorney shall have the authority to designate the level and step, at the time of appointment, of any appointed deputy district attorneys authorized by this section.

(d) The annual compensation to be paid the chief deputy district attorney, one deputy district attorney designated as Level I deputy district attorney, one deputy district attorney designated as Level II deputy district attorney, and one deputy district attorney designated as Level III deputy district attorney shall be as provided in the schedule of salaries hereinbelow set out in subsection (g). Of the total annual compensation to be paid each of the four deputy district attorneys, each shall be paid an annual salary by the State of Alabama of twelve thousand nine hundred dollars ($12,900), payable from the general funds of the state in equal installments as the salaries of other state officers are paid. The remainder of the annual compensation as provided in the schedule of salaries hereinbelow set out in subsection (g), of each of the four deputy district attorneys, shall be paid by the county within the Tenth Judicial Circuit, which sum shall be paid from the general funds of the county, in equal semimonthly installments as the salaries of other county officers are paid.

(e) The annual compensation to be paid to three deputy district attorneys designated as Level I deputy district attorneys, three four deputy district attorneys designated as Level II deputy district attorneys, and three four deputy district attorneys designated as Level III deputy district attorneys shall be as provided in the schedule of salaries hereinbelow set out in subsection (g). The compensation shall be paid by the county within the Tenth Judicial Circuit, which sum shall be paid from the general funds of the county, in equal semimonthly installments as the salaries of other officers are paid.

(f) The deputy district attorneys appointed by the elected assistant district attorney to serve in the positions identified in subsection (b) shall be compensated at the rate consistent with their appointment in accordance with the schedule of salaries set out by subsection (g). Thereafter, increases in compensation for each deputy district attorney may be made annually within the grade scale set out in the schedule of salaries in subsection (g), provided the performance of the deputy district attorney has been satisfactory to the elected assistant district attorney. The elected assistant district attorney shall also have the authority to assign any of the deputy district attorneys to the Level I, Level II, and Level III positions as the elected assistant district attorney deems appropriate, within the limitations of subsection (b).

(g) The schedule of salaries, referred to below, consisting of levels and steps, shall be as follows: Attorneys Level II Chief Level I Level III Step 1 103,000 78,000 57,500 38,000 Step 2 105,000 80,000 59,000 39,500 Step 3 107,000 82,000 60,500 41,000 Step 4 109,000 84,000 62,000 42,500 Step 5 111,000 86,000 63,500 44,000 Step 6 113,000 88,000 65,000 45,500 Step 7 115,000 90,000 66,500 47,000 Step 8 117,000 92,000 68,000 48,500 Step 9 119,000 94,000 69,500 50,000 Step 10 121,000 96,000 71,000 51,500 Step 11 123,000 98,000 72,500 53,000 Step 12 125,000 100,000 74,000 54,500

(h) The compensation provided by this section shall become effective on October 1, 1997. The county governing body of the county or counties within the Tenth Judicial Circuit may increase the compensation payable by the county or counties within the Tenth Judicial Circuit as provided in the schedule of salaries at any time by resolution of the governing body. Upon passage of the resolution, the additional compensation shall be paid from the general funds of the county in semimonthly installments as the salaries of other county officers are paid."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.