Title 45

An appointing authority, with the approval of the director, may demote a classified employee under his or her jurisdiction from a position in one class to a position in a lower class, upon giving written notice stating the reasons thereof, but such demotion may be disapproved by …

Whenever in the opinion of the director it is impossible within a reasonable time to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person for the vacancy to the director. If such nominee is found by the di…

(a) Every person appointed to a position in the classified service, after certification of his or her name from a promotion list or an employment register, shall be tested by a working test while occupying such position. The period of such working test shall commence immediately …

(a) The director shall establish, in cooperation with the appointing authorities, a system of service ratings, based upon standards of employment and output of employees in each class of positions in the classified service, which may be amended from time to time as the necessity …

An appointing authority may lay off employees in the classified service, in accordance with the rules and regulations adopted under this part, whenever he or she deems it expedient because of shortage of work or funds or material changes in duties or organization, and seniority a…

(a) The appointing authority may discharge an employee in the classified service, whenever he or she considers the good of the service and the welfare of the city will be best served thereby, by making and filing in his or her office an order to that effect together with the reas…

An appointing authority, from time to time, may suspend an employee without pay or other compensation as punishment for improper behavior, but no employee may be suspended for a period or periods within the aggregate of more that 30 days in any year’s service. A suspension may be…

(a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of his or her political or religious opinions or affi…

(a) No employee named in subdivision (9) of subsection (a) of Section 45-35A-51.02 shall: (1) Use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure for any person an appointment, or advantage in appointment…

The board and the director shall make a study of all matters touching the administration and enforcement of this part and the rules and regulations adopted thereunder. To this end, the board or the director may visit all offices and places of employment to ascertain information a…

(a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this part or in any manner commit or attempt to commit any fraud preventing the impartial execution of this part and the prescribed…

(a) It shall be unlawful for any city official, employee, or other officer to pay or cause to be paid any salary or compensation to any person in the classified service of the city, for personal services, unless the payroll estimate, voucher, or account, for such compensation, co…

Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under this part, to appear and testify or to produce records, books, and papers, who shall disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor a…

The salaries and other compensation herein authorized to be paid to the members of the department herein created, together with the necessary expenses actually incurred by such committee, board, or director shall be paid by warrant or requisition drawn by the personnel board and …

The officials of the city are hereby required to furnish the personnel department necessary facilities in city hall for the conduct of its business, provided for under this part, to include office space, office equipment, and supplies. (Acts 1947, No 273, p. 196, §30; Acts 1965, …

It shall be the duty of the city attorney to furnish legal advice and legal service to the board and the director, in the administration of this part and the rules and regulations adopted in pursuance thereof. However, the board is hereby authorized to employ special counsel when…

The records of the department, except such records as the rules and regulations may require to be held confidential for reasons of public policy, shall be public records and open to public inspection, subject to reasonable regulations as to the time and manner of inspection. (Act…

Orders of the personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction. Any person or city official directly interested, within five days, may appeal to the Circuit Court of Houston County from…

The revitalization and redevelopment of the central business district of the City of Dothan develops and promotes for the public good and general welfare trade, commerce, industry, and employment opportunities and promotes the general welfare of the city and state by creating a c…

The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein: (1) APPLICANT. A natural person who files a written ap…

(a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used. (b) The definitio…

(a) The authority may be organized pursuant to this part. In order to incorporate such a public corporation, any number of natural persons, not less than three, who are duly qualified electors of the city, shall first file a written application with the governing body of the city…

(a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the office of the Judge of Probate of Houston County a certificate of incorporation which shall comply in form and substance w…

(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which sh…

Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of seven directors who shall be elected by the governing body of the city for staggered terms as hereina…

(a) The officers of the authority shall consist of a chair, vice chair, secretary, treasurer, and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chair and vice chair o…

(a) The authority shall have all of the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time which may be perpetuity, subject to Section 45-35A-…

(a) Source of payment. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the board of its projects or of any thereof as may be designated in the proceedings of the board under which the bonds shall be au…

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the p…

(a) Any bonds issued by the authority may from time to time be refunded by the issuance, by sale, or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption prem…

(a) Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, such authority, in its discretion, may cause to be published once a week for two consecutive weeks, in a newspaper published or having a general circulation in the city, a n…

The authority formed under this part, the property and income of the authority, whether used by it or leased to others, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received …

The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds …

The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, Chapter 8 of Title 8, as it may at any time be amended. (Act 82-303, p. 393, §16.)

(a) The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, Article 3, commen…

(a) This part is intended to aid the state through the furtherance of the purposes of this part by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this part, no proceedin…

The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for …

At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the resolution in the offic…

The existence of the authority incorporated under this part shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted by this part. (Act 82-303, p. 393, §21.)

The authority is hereby granted the power of eminent domain and may exercise such power for the purpose of obtaining real property or any interest therein for any project it undertakes in the manner provided by law for the exercise of the power of eminent domain by municipalities…

For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state, upon such terms and with or without consideratio…

The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this part. (Act 82-303, p. 393, §24.)

(a) There is established a school board for the City of Dothan, Alabama, which board shall be called the Dothan City Board of Education. Members of the board shall be elected by vote of the qualified electors of the City of Dothan. The board shall be composed of seven members, wi…

The City of Dothan, Alabama, shall become organized under the commission form of government provided for by this part. It is provided, however, that until the first Monday in October, 1979, the city shall continue to be governed under the laws applicable to its present form of go…

The territorial limits of the city shall remain the same as under its former organization, except that for the purpose of holding elections under applicable laws the present governing body of Dothan shall, by duly enacted ordinance, divide such city into four wards, each containi…

The mayor and the associate commissioner of Ward No. 2 shall continue to hold their respective offices until the first Monday in October, 1981, as provided by Act 2141, 1971 Regular Session (Acts 1971, p. 3431). Under applicable laws for the election of members of the board, the …