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AL SB415
Bill
Status
4/23/2015
Primary Sponsor
Trip Pittman
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AI Summary
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Amends Section 36-26-27 of the Code of Alabama 1975 to revise procedures for State Personnel Board review of classified employee dismissals by appointing authorities.
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Establishes that the agency decision is presumed prima facie just and reasonable, and the board cannot substitute its judgment for the agency's on factual matters except where authorized by law.
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Permits the State Personnel Board to reverse or modify a dismissal only if it finds the appointing authority's action violates constitutional or statutory law, exceeds agency authority, violates agency rules, involves unlawful procedure, contains other legal error, is clearly erroneous based on substantial evidence, or is arbitrary, capricious, or an abuse of discretion.
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Allows the board to impose alternative punishments including reinstatement with forfeiture of back wages and benefits or suspension up to 30 days, and permits forfeiture of accrued annual leave if the dismissal is affirmed.
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Requires all judicial review actions seeking review of State Personnel Board decisions, including writs of mandamus and Alabama Administrative Procedure Act claims, be filed in the Alabama Court of Civil Appeals.
Legislative Description
State employees, review of dismissal decisions under State Merit System revised, venue for review of action by State Personnel Board specified, Sec. 36-26-27 am'd.
State Employees
Last Action
Indefinitely Postponed
6/3/2015