Section 11-43-5.2 - Opting out from jurisdiction of county personnel board(a) This section shall apply to any Class 8 municipality with a corporate limit lying in two counties, which has a population equal to or greater than 25,000 according to the last decennial census and which was subject, on January 1, 2023, to a county personnel board.(b)(1) The governing body of a municipality, by ordinance, may opt out from the jurisdiction of a county personnel board, effective six months after the effective date of the ordinance. A copy of the ordinance shall be transmitted to the county personnel board following its passage by the municipal governing body.(2) Not less than 10 years after a municipality opts out from the county personnel board's jurisdiction as provided in subdivision (1), the municipality, by ordinance, may opt back in to a county personnel board's jurisdiction, effective six months after the effective date of the ordinance. A copy of the ordinance shall be transmitted to the county personnel board following its passage by the governing body.(c) Any municipality that opts out from the county personnel board's jurisdiction as provided in subdivision (b)(1) shall create its own municipal civil service system which shall ensure that the vested or vesting rights of any existing appointees of the county civil service system are protected and not otherwise altered or diminished, except as otherwise provided for by law.(d)(1) Any municipality exercising its rights under this section may not engage in any type or form of discrimination that is prohibited by federal or state law.(2) Any municipality that elects to opt out as provided in this section shall enact a policy that explicitly prohibits the appointment, promotion, demotion, or dismissal of an employee from any position which in any way favors or discriminates against the employee because of his or her political or religious opinions or affiliations or because of his or her race or gender or for any other reason that is prohibited by state or federal law.Ala. Code § 11-43-5.2 (1975)
Added by Act 2023-460,§ 1, eff. 9/1/2023.