Code of Alabama
Division 5 - Personnel System.
Section 45-51A-32.113 - Applicability; Exempt Service.

THIS SECTION WAS AMENDED BY ACT 2022-370 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) This subpart shall apply to all officers and employees in the service of the county and affected municipalities, except:
(1) Elective officials. Provided however, that in the event the status of an elective officer of the county or municipality is changed to that of an appointive officer, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of the term, providing that he or she shall have served in such position for a period of at least six months continuously, immediately prior to the expiration of the term of office, shall assume regular status in the competitive service without preliminary examination or working tests and shall thereafter be subject in all respects to this subpart.
(2) Members of appointive boards, commissions, and committees.
(3) All employees or appointees of the city or county board of education, or persons engaged in the profession of teaching or in supervising teaching in the public schools; excepting, however, personnel employed in kindergartens or schools not a part of the city or county school system operated under the direction and supervision of the city or county board of education.
(4) Attorneys, physicians, surgeons, and dentists who, with the express or implied permission of any appointing authority or of the county or municipality, hold themselves out for employment by others in the same or a like line of work as that performed by them for such appointing authority; excepting, however, municipal recorders or assistant recorders and city or municipal prosecutors or assistant city or municipal prosecutors.
(5) The personnel director provided for by this subpart.
(6) Persons in the classified service within the meaning of and subject to the state Merit System under any present or future law, and so long as any such law remains effective.
(7) One private secretary or executive assistant of a member of the governing body of such municipality, the bailiff appointed by each judge of the circuit court, and two clerks to be designated by each county elective official and also the register of the circuit court except the member of the board of revenue; and any employee receiving his or her compensation from any elected official of the county.
(8) One clerk, deputy, or employee to be named by the clerk of the circuit court for his or her office, and one clerk, deputy, or employee to be named by the register of the circuit court for his or her office.
(9) The chief of police, fire chief, chief financial officer, head of the department of parks and recreation, head of the maintenance department, and head of the sanitation department of any affected municipality who shall be appointed and serve at the pleasure of the mayor of the affected municipality. Any person appointed to a position pursuant to this subdivision shall meet at least the minimum qualifications for the position as shall be established by the personnel board. Notwithstanding any other provisions of this subpart, the compensation of persons appointed pursuant to this subdivision shall be set by the personnel board pursuant to a pay and classification study.
(b) Offices, positions, and employments not exempted above shall constitute the competitive or classified service of the county and affected municipalities. It is intended hereby to include within the competitive or classified service all offices, positions, and employments in each such county and any such municipalities therein as these offices, positions, and employment now exist, or as they may hereafter exist, the holders of which are paid, whether by salaries, wages, and fees, in whole or in part from funds of any such county or municipality, or the holders of which receive their compensation from any elected official and perform duties pertaining to the office of such elected official or officer except those hereinabove numerated in this section. It is also intended hereby that the competitive or classified service shall include all personnel of any public corporation, board, committee, or commission, appointed or created by the governing body of any such county or municipality whether the salaries, wages, or compensation of such officers or employees are paid directly by such county or municipality; provided, however, the appointed members of any such public corporation, board, committee, or commission shall not be included in the competitive or classified service.

Structure Code of Alabama