Terms Used In Alabama Code 45-35A-51.10

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

The director shall, as soon as practicable after his or her appointment, ascertain and record an outline of the duties of each position to be filled from the classified service, and after consultation with the appointing authority, recommend to the board a classification plan, together with proposed rules and regulations for its administration. Such plan shall show each class of position in the classified service, separately stated as to each appointing authority, and when approved by the board, the plan together with the rules and regulations for its administration shall be made public. Each such class shall include positions requiring duties which are substantially similar in respect to the authority, responsibility, and the character of the services required, and shall be designated by a title indicative of such duties. Each class shall be so defined that the same general requirements as to education, experience, capacity, knowledge, skill, and aptitude are demanded of incumbents, for the proper performance of their respective duties. The same test of fitness may be used in selecting qualified appointees, the same schedule of pay may apply where equitable, and the same practical plan of promotion and demotion shall as far as practicable be followed. The director shall have authority and it shall be his or her duty to investigate the number of employees in any department or office in the city and if in his or her opinion, after conference with the department head, there are an excessive number, or an insufficient number of employees, in proportion to the amount of work required in such department or office, the director shall recommend to the board that the excessive number of employees be laid off or transferred, either permanently or temporarily in accordance with this part; or the director, if in his or her judgment there be an insufficient number of employees, with the approval of the board, may certify to the appointing authority additional names to fill such positions, and the appointing authority shall forthwith put into effect the order of the personnel board, in such respect.