Code of Alabama - Title 45: Local Laws - Section 45-49-120.04 - Supervisory committee

Section 45-49-120.04 - Supervisory committee.

(a) There is hereby established the Supervisory Committee of the Mobile County Personnel Board. The supervisory committee hereby created shall succeed to and exercise all the rights, powers, and authority, and shall perform all the duties and functions now vested in and required of the Citizen's Supervisory Committee created by Act 470, 1939 Regular Session (Acts 1939, p. 298) and the Supervisory Committee of the Mobile County Personnel Board created by Act 167, 1955 Regular Session (Acts 1955, p. 431).

(b) The Supervisory Committee of the Mobile County Personnel Board shall be composed of the following:

(1) The persons holding each of the following elective offices in Mobile County, Alabama, namely, the presiding judge of the circuit court, the judge of probate, the revenue commissioner, the presiding judge of the District Court of Mobile County, the county license commissioner, the Chair of the Mobile County Commission, the Sheriff of Mobile County, and the mayor of each of the incorporated towns and cities in Mobile County.

(2) The following nonelected officials shall also be members of the supervisory committee: The president or other chief executive officer of the Mobile County Municipal Association; a representative elected by all of the professional law enforcement officers of Mobile County, including all members of the Mobile County Law Enforcement Association (MCLEA); a representative elected by all the professional firefighters of Mobile County; and a representative elected by the employees, other than the professional law enforcement officers and firefighters, employed under the Mobile County Merit System; each of whom shall be a bona fide resident and qualified elector of Mobile County. The representatives of the professional law enforcement officers of Mobile County, including all members of MCLEA, the professional firefighters of Mobile County, and the employees employed under the Mobile County Merit System, shall be elected at meetings called for that purpose by the chair of the committee, notice of which shall be given to the members of their representative class by publication once each day for three consecutive days preceding the meetings in a newspaper of general circulation, published in Mobile County. The notice of publication shall be signed by the chair of the committee, and shall state briefly the purpose of the meeting together with the date, time, and place of holding the meeting. All meetings shall be held at the Mobile County Courthouse, or some other public meeting place designated by the chair of the committee. The chair or such other person as may be designated by the chair, shall preside at the meetings and Robert's Rules of Order shall be followed in the conduct of the meetings. The members of the committee so elected shall serve for four-year terms or until successors are elected and qualified. In the event of a vacancy, the vacancy shall be filled in the same manner as the initial members are elected, to complete the unexpired term. Only fulltime permanent employees in each representative class shall be eligible to vote at any election. The personnel department shall certify to the chair the names of all law enforcement officers, firefighters, and other employees eligible to vote at any election at least two days prior to the meeting or meetings called for that purpose.

(c) Except as otherwise provided herein, each member of the committee shall be entitled to cast one vote on any matters considered at any regular or special meeting of the committee. In addition thereto, each jurisdiction in Mobile County under the control of the Mobile County Civil Service System, shall be entitled to cast one additional vote for each 400, or major fraction thereof, civil service employees occupying permanent positions as of December 31st of the year preceding any such meeting of the committee, the additional votes to be cast by the elected official designated in subdivision (1) of subsection (b) having appointing authority over such employees in the jurisdiction. All voting of the committee shall be by roll call vote. Voting by proxy shall not be allowed.

(d) The presiding judge of the Circuit Court of Mobile County shall be chair of the committee and shall be entitled to vote only in case of a tie. The chair shall pass upon the credentials and right of each person to sit thereon. In the event the presiding judge can not serve for any reason, or should decline to serve as chair, he or she shall appoint a sitting circuit judge as chair of the committee. The chair shall be the sole judge of the number of votes a member of the committee shall have as provided for in subsection (c). The chair shall call the first organizational meeting of the committee hereby created as soon as practicable after August 23, 1976. In the call, the chair shall specify the date and hour of the meeting and designate the place thereof, and shall mail a copy thereof to each member of the committee. At its first meeting, the committee shall adopt rules, regulations, and modes of procedure as it deems expedient to enable it to dispatch its business in an orderly manner, and thereafter, from time to time, the committee may amend or rescind the rules, regulations, and modes of procedure or adopt additional ones. In addition to the organizational meeting hereby prescribed, the committee shall meet on the second Tuesday in June of each year, unless such day is a legal holiday, in which event the annual meeting of the committee shall be held on the day following the legal holiday. In addition to these meetings, the committee may hold special meetings on the call of the chair or any seven members thereof. All meetings of the committee shall be held at the county courthouse or some other public place designated by the chair. Notice shall be given of all meetings and shall be signed by the person or persons calling the meeting and shall state briefly the purpose of the meeting, shall be mailed to each person registered as a member of the committee or known to be a member, and shall also be published once each day for three consecutive days immediately preceding the meeting in any daily newspaper published in Mobile County. Notice of the annual meeting shall be given in like manner, but failure of any member to receive notice by mail of the meeting, either annual or special, shall not invalidate the meeting. At any regular or special meeting of the committee, a day may be set for the next meeting of the committee and in this event no further notice of the meeting shall be required. A majority of the persons then serving as members of the committee shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by rules and regulations of the committee. The committee shall serve without compensation.

(e) At each meeting of the committee it shall make recommendations to the personnel board as it shall deem in the interest of the sound administration of this part in Mobile County and shall fill any existing vacancy on the board, and shall elect a successor to any member of the board whose term will expire before the next annual meeting of the committee. The committee shall review the rules of the personnel board promulgated since the last annual meeting of the committee, and may, by a two-thirds vote of the entire committee, repeal any rule of the personnel board which it may deem not in the best interest of the sound administration of this part, but shall not have the power to amend any rule or to promulgate any new rule within the province of the personnel board to adopt according to this part. The word rule shall not be construed to mean orders, actions, or decisions of the personnel board made in the administration of this part.

(Acts 1939, No. 470, p. 298, § 5; Acts 1955, No. 167, p. 431, § 1; Acts 1976, No. 684, p. 939, § 1; Act 84-623, p. 1271, §§ 1, 2; Act 86-479, p. 910, § 1; Act 2004-105, p. 145, § 1.)

Last modified: May 3, 2021