(a) Positions in the service of the state shall be divided into the exempt, the unclassified, and the classified service.
(b) The exempt service shall include:
(1) Officers elected by the vote of the people.
(2) Officers and employees of the Legislature.
(3) All employees of a district attorney's office.
(4) Members of boards and commissions, whether appointed or self-perpetuating, and heads of departments required by law to be appointed by the Governor or by boards or commissions with the approval of the Governor.
(5) All officers and employees of the state's institutions of higher learning, teacher-training institutions and normal schools, educational, eleemosynary and correctional institutions which are governed and controlled by boards of trustees or similar governing bodies, and secondary agricultural schools and vocational schools.
(6) All inmate help in all charitable, penal, and correctional institutions.
(7) All commissioned and warrant officers and enlisted personnel of the national guard and naval militia of the state in their respective military and naval grades.
(8) The Governor's private secretary, legal advisor, recording secretary, and those employees of the Governor's office paid exclusively out of the Governor's Emergency or Contingent Funds.
(9) The employees of the Alabama State Port Authority engaged in railroad service and subject to the provisions of an act of Congress known as the Railway Labor Act as amended or as it may hereafter be amended.
(10) For each agency, up to two employees in addition to any other exempt positions as otherwise allowed by law; provided these positions may not be occupied by the head of an agency.
The services listed in this subsection as exempt shall in no respect be subject to the provisions of this article, anything to the contrary notwithstanding.
(c) The unclassified service shall include:
(1) One confidential assistant or secretary for each board, commission and elected officer and, when requested by the Governor, for each department head appointed by the Governor; and
(2) All employees of the Governor's office not exempted. The positions in the unclassified service enumerated in this subsection may at the request of the appointing authority be filled by classified employees. Each of the employees thus appointed shall, at the conclusion of his or her occupancy of such position, resume his or her previous status in the classified service.
(d) The classified service shall include all other officers and positions in the state service.
(e) Except as to services denominated as exempt or unclassified services in subsections (b) and (c), the Governor shall have the power by executive order to extend the provisions of this article to include additional positions or classes of positions.
(f) Employees in the unclassified service shall be subject to the same rules and regulations of employment as apply to employees in the classified service except as to appointment and dismissal.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 26 - State Personnel Department and Merit System.
Article 1 - General Provisions.
Section 36-26-1 - Short Title.
Section 36-26-2 - Definitions.
Section 36-26-3 - Purposes of Article.
Section 36-26-4 - State Personnel Department Created; Composition; Executive Head; Offices.
Section 36-26-6 - State Personnel Board - Meetings; Powers and Duties Generally.
Section 36-26-7 - Director of Personnel - Appointment; Qualifications; Salary; Removal.
Section 36-26-9 - Promulgation, etc., of Rules for Implementation of Provisions of Article.
Section 36-26-11 - Classification of Positions, etc., in State Service.
Section 36-26-12 - Preparation, etc., of Pay Plan for Employees in State Service.
Section 36-26-14 - Deferred Compensation Plans for Certain Employees.
Section 36-26-15.1 - Proof of Registration Required for Employment or School Enrollment.
Section 36-26-16 - Certification for Employment of Handicapped Persons.
Section 36-26-18 - Extraordinary Appointments.
Section 36-26-20 - Employee Training Programs.
Section 36-26-23 - Promotions.
Section 36-26-26 - Layoffs; Furloughs.
Section 36-26-27 - Dismissals and Disciplining of Employees Generally.
Section 36-26-27.1 - Placement of Disciplinary Documents in the Personnel File of a State Employee.
Section 36-26-28 - Suspensions.
Section 36-26-29 - Limitation Period for Charges for Dismissal or Disciplinary Action.
Section 36-26-31 - Granting of Leave of Absence for Service in Armed Forces of United States.
Section 36-26-32 - Restoration of Employee to Former Position After Service in Armed Forces.
Section 36-26-34 - Granting, etc., of Time Off to Comply With Religious Obligations.
Section 36-26-35 - Annual Leave.
Section 36-26-35.1 - Annual Leave Carry Over Limit Increased for Certain Personnel.
Section 36-26-35.2 - Annual Leave.
Section 36-26-36.2 - Donation of Leave; Implementation.
Section 36-26-36.3 - Bereavement Leave.
Section 36-26-38 - Political Activities Prohibited.
Section 36-26-42 - Representation of Department in Judicial Proceedings.
Section 36-26-43 - Use of State, County, etc., Buildings for Examinations and Investigations, Etc.
Section 36-26-44 - Inspection of Records of Department.
Section 36-26-45 - Payment of Expenses of Department.
Section 36-26-46 - State Capitol Guides Classified as "Capitol hostesses."
Section 36-26-47 - Penalties for Violations of Provisions of Article.
Section 36-26-48 - Lump-Sum Merit Reward Payments for Certain Full-Time State Employees.