HB 85

Relating to Mobile County; to amend Section XI and Section XV of Act 470, H. 952 of the 1939 Regular Session (Acts 1939, p. 298), as amended, which creates and establishes the countywide Civil Service System in Mobile County; to provide for midrange pay for certain initial employees as law enforcement officers and firefighter and a minimum number of eligible persons for initial applicants for law enforcement officer and firefighter positions.

Section 1

Section XI and Section XV of Act 470, H. 952 of the 1939 Regular Session (Acts 1939, p. 298), as amended, are amended to read as follows: Section XI. PAY PLAN: After consultation with appointing authorities, or other officers, or both, the director shall prepare and recommend to the board a pay plan for all employees in the classified service. The pay plan shall include, for each class of positions, a minimum and a maximum rate not inconsistent with the rate or rates as may otherwise in specific instances be fixed by law. In establishing the rates, the director shall give consideration to the experience in recruiting for positions in the classified service, the prevailing rates of pay for the services performed, and for comparable services in public and private employment, living costs, maintenance or other benefits received by employees, and the county's and cities' financial condition and policies. The pay plan shall take effect when approved by the board. Amendments thereto may be made from time to time in the same manner or upon motion of the board, or both.

The budgeting authority for each Appointing Authority may establish pay ranges, salary steps, and number of steps for any given class provided that parity is continued for public safety employees and that the ranges, salary steps, and number of steps are not less than those established by the Personnel Board.

(1) ENTRY LEVEL EMPLOYEES. Each appointing authority shall determine the rate to be paid initially for each entry level employee. Each employee shall be paid initially at the minimum rate set forth in the pay plan for the class of positions in which the employee is employed. However, for professional and technical classes of positions, other than public safety officers including law enforcement officers and firefighters, at the discretion of the appointing authority, the employee may be paid at a rate up to, but not in excess of, the midrange of the pay plan, including any subsequent pay plan, established for the professional and technical position. The subsequent raising or lowering of the pay of an individual within the maximum and minimum rate shall be done upon the request of the appointing authority with a similar recommendation by the director, and the approval of the governing body.

(2) PROMOTIONAL EMPLOYEES. Upon a regular employee being promoted to a higher position, the employee shall receive not less than two steps, nor more than the maximum rate established by the class, at the discretion of the appointing authority. Notwithstanding the above, upon a regular employee being promoted to a higher position within the City of Mobile Fire Department, the employee shall receive two steps.

Section XV. APPOINTMENTS: Whenever a vacancy is to be filled by an appointment, the appointing authority shall submit to the director a statement of the position and, if requested by the director, the duties of the position and desired qualifications of the person to be appointed, with a request that the director certify to the appointing authority the names of the persons eligible for appointment to the position. The director shall then certify to the appointing authority the names of the top 10 eligible persons on the appropriate register in alphabetical order and, if more than one vacancy is to be filled, the name of one additional eligible person for each additional vacancy, shall be added to the certification in the order they appear on the register, or if agreeable to the appointing authority, all the names on the register if they are fewer than ten 10 eligible persons.

However, for initial applicants for appointment as law enforcement officers and firefighters, the director shall certify to the appointing authority the names of the top ten eligible persons on the appropriate register in alphabetical order, and if more than one vacancy is to be filled, the names of ten 10 additional eligible persons for each additional vacancy shall be added to the certification in the order they appear on the register, or if agreeable to the appointing authority, all names on the register if there are less than ten 10 eligible persons. Notwithstanding the above, no more than 70 names of eligible persons, regardless of the number of vacancies to be filled, shall be certified to the appointing authority. Notwithstanding the above, all lists of applicants and employees for promotion in the Mobile Police Department, Mobile County Sheriff's office, and Mobile Fire Department shall be in ranked order when delivered to the appointing authority.

Furthermore, the Mobile County Health Department, after July 1, 2004, may hire and fire servants, agents, employees, and officers at will employed in jobs not funded by monies generated directly by the State of Alabama, the County of Mobile, or incorporated municipalities therein.

Where residence qualifications are prescribed by the appointing authority, only those complying with residence qualifications shall be certified. If it is impossible to locate any of the eligible persons so certified, or should it become known to the director that an eligible person is not willing to accept the position, or there are less than the above required number of eligible persons, the appointing authority may request that additional names be certified until the proper number of persons eligible and available for the appointment have been certified. Within 30 days after the names are certified, the appointing authority shall appoint one eligible person who is certified to each vacancy which is to be filled. In no event shall extensions be granted beyond the 30 days unless approved by the Personnel Director. Should the appointing authority fail to return the certification to the director within 30 days, the certification shall be null and void. In the event there are fewer than the authorized number of eligible persons from which to make the selection, the choice may be from the remaining names or a provisional appointment may be made as provided by Section XIX. In the event there is not an employment register which the director deems appropriate for the class in which the position is established, the director shall prepare a register within a reasonable time after receipt of the request of the appointing authority that eligible persons be certified. Whenever an eligible person has been certified to and rejected by the appointing authority three times, the director may remove the name of the rejected person from the employment register. No vacancy shall be filled except as provided in this act."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.