(a) An appointing authority may dismiss a classified employee whenever he considers the good of the service will be served thereby, for reasons which shall be stated in writing, served on the affected employee and a copy furnished to the director, which action shall become a public record. The dismissed employee may, within 10 days after notice, appeal from the action of the appointing authority by filing with the board and the appointing authority a written answer to the charges. The board shall, if demand is made in writing by the dismissed employee within 10 days after notice of discharge, order a public hearing and, if the charges are proved unwarranted, order the reinstatement of the employee under such conditions as the board may determine. Upon a majority vote of the board, the board may impose a punishment other than termination including but not limited to a reinstatement with forfeiture of back wages and benefits between the date of termination and the date of the board’s order reinstating the employee, or a suspension up to and including 30 days.
(b) In addition to removal by an appointing authority, persons in the classified service may be removed or disciplined in the manner described in this subsection. Charges may be filed by any officer, citizen or taxpayer of the state with the director who shall, within five days, cause a copy to be served upon the person complained against and shall set a day not less than 10 nor more than 20 days after such charges have been served on such employee for a public hearing of such charges. This hearing may be before the director, a special agent appointed for the purpose by the director or the board itself. If before the director or a special agent, the director or special agent shall take testimony offered in support and denial of such charges and from the same submit to the board, within five days, a finding of facts and law involved and a recommended decision. The board at its next regular or special meeting shall consider said report and modify, alter, set aside or affirm said report and certify its findings to the appointing authority who shall forthwith put the same into effect. If the board hears said charges directly or requires the transcribing and submission of the testimony taken before the director or special agent, it shall make up and file its own findings and decision. The decision of the board based upon its records and the testimony shall be final.
(c) In proceedings under this section it shall be no defense or excuse for a forbidden act or for an omission to observe the laws or rules that such act or omission was directed by a superior, unless a written direction or order from such superior to that effect is proved. If any employee in the state service shall willfully refuse or fail to appear before any court or judge, any legislative committee or any officer, board or body authorized to conduct any hearing or inquiry or, having appeared, shall refuse to testify or answer any question relating to the affairs or government of the state or the conduct of any state officer or employee on the ground that his testimony or answers would tend to incriminate him or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, such conduct shall be cause for removal.
(Acts 1939, No. 58, p. 68, §24; Code 1940, T. 55, §315; Acts 1983, No. 83-673, p. 1060, §1.)
Notes of Decisions
Alabama Dep't of Youth Servs. v. State Pers. Bd., 7 So. 3d 380 (Ala. Civ. App. 2008).
· cites it 14× “Pollard appealed his dismissal to the Board, pursuant to § 36-26-27(a), Ala.Code 1975. On December 4, 2006, an administrative law judge ("ALJ") held a hearing on Pollard's appeal.”
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).
· cites it 2× “1984-1985) (decision within 90 days of hearing); see also Ala. Code § 36-26-27 (b) (Supp. 1984) (hearing on citizen removal petitions within 20 days of service); D.”
Ex Parte Burks, 487 So. 2d 905 (Ala. 1986).
· cites it 7× “We granted the petition for writ of certiorari in this case to decide the following issue: Does the amendment to Code 1975, § 36-26-27(a), effective July 28, 1983, which allows the State Personnel Board to impose discipline less severe than termination upon a state merit system…”
Alabama State Pers. Bd. v. Hardeman, 893 So. 2d 1173 (Ala. Civ. App. 2004).
· cites it 8× “"It is to be noted that § 36-26-27 provides two methods for dismissal or removal of a classified employee: (a) An employee may be dismissed for stated reasons by the appointing authority whenever he considers it will serve the good of the service; and (b) [i]n addition to…”
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
· cites it 5× “Garner appealed his dismissal to the Board, pursuant to § 36-26-27(a), Ala.Code 1975. 1 The Board assigned the appeal to administrative law judge Richard N.”
Reeves v. Thigpen, 879 F. Supp. 1153 (M.D. Ala. 1995).
· cites it 3× “Ala.Code § 36-26-27(a), provides in relevant part: An appointing authority may dismiss a classified employee whenever he considers the good cause of the service will be served thereby, for reasons which shall be stated in writing, served on the affected employee and a copy…”
Dep't of Mental Health & Mental Retardation v. Bendolph, 808 So. 2d 54 (Ala. Civ. App. 2001).
· cites it 7× “On appeal, the Department argues that § 22-50-16 does not create a conflict with those provisions of the Merit System Act allowing an appointing authority to terminate an employee’s employment and that the employees’ dismissals were in sufficient compliance with § 36-26-27,…”
Bd. of Sch. Commissioners v. Christopher, 97 So. 3d 163 (Ala. Crim. App. 2012).
· cites it 2× “1985), our supreme court considered whether “the amendment to Code 1975, § 36-26-27(a), effective July 28, 1983, which allows the State Personnel Board to impose discipline less severe than termination upon a state merit system employee, applies] retroactively to the review of a…”
Reed v. White, 2100444 (ala.civ.app. 9-9-2011), 80 So. 3d 949 (Ala. Civ. App. 2011).
· cites it 3× “Reed points out that Ala.Code 1975, § 36-26-27, provides that a state employee whose employment has been terminated may appeal that decision to the State Personnel Board.”
Wyatt v. Bronner, 500 F. Supp. 817 (M.D. Ala. 1980).
· cites it 2× “Defendants also contend that the employees of the Building Commission have, since the creation of the Building Commission, been hired and fired without regard to the dismissal provisions contained in the Alabama Merit System Act, § 36-26-27. Furthermore, defendants contend that…”
Carden v. Pers. Bd., 474 So. 2d 1155 (Ala. Civ. App. 1985).
· cites it 3× “§ 36-26-27(a), Code 1975. However, this function is also placed under severe restrictions by the Board.”
Ala. Code § 36-26-27(a): 18 cases
Alabama Dep't of Youth Servs. v. State Pers. Bd., 7 So. 3d 380 (Ala. Civ. App. 2008).
“Pollard appealed his dismissal to the Board, pursuant to § 36-26-27(a), Ala.Code 1975. On December 4, 2006, an administrative law judge ("ALJ") held a hearing on Pollard's appeal.”
Ex Parte Burks, 487 So. 2d 905 (Ala. 1986).
“We granted the petition for writ of certiorari in this case to decide the following issue: Does the amendment to Code 1975, § 36-26-27(a), effective July 28, 1983, which allows the State Personnel Board to impose discipline less severe than termination upon a state merit system…”
Alabama State Pers. Bd. v. Hardeman, 893 So. 2d 1173 (Ala. Civ. App. 2004).
“"It is to be noted that § 36-26-27 provides two methods for dismissal or removal of a classified employee: (a) An employee may be dismissed for stated reasons by the appointing authority whenever he considers it will serve the good of the service; and (b) [i]n addition to…”
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
“Garner appealed his dismissal to the Board, pursuant to § 36-26-27(a), Ala.Code 1975. 1 The Board assigned the appeal to administrative law judge Richard N.”
Reeves v. Thigpen, 879 F. Supp. 1153 (M.D. Ala. 1995).
“Ala.Code § 36-26-27(a), provides in relevant part: An appointing authority may dismiss a classified employee whenever he considers the good cause of the service will be served thereby, for reasons which shall be stated in writing, served on the affected employee and a copy…”
Ala. Code § 36-26-27(b): 2 cases
Ala. Code § 36-26-27(c): 1 case
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