(a) An appointing authority may dismiss a classified employee whenever he or she considers the good of the service will be served thereby, for reasons 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, within 10 days after notice, may appeal from the action of the appointing authority by filing a written answer to the charges. The board, after investigating may order a public hearing upon notice to, and opportunity to be heard by, the employee and if the charges are proved unwarranted, order the reinstatement of the employee under such conditions as the board may determine.
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Terms Used In Alabama Code 45-49-120.21

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(b) In addition to removal by an appointing authority, persons in the classified service may be removed or disciplined in the following manner. Charges may be filed by any officer, citizen, or taxpayer of the county with the director who, after investigation, may cause a copy to be served upon the person complained against and set a day 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 the report and modify, alter, set aside, or affirm the recommendation and certify its findings to the appointing authority who shall forthwith put the same into effect. If the board hears the 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 findings of fact of the board based upon its records and the testimony taken before it, or before the director shall be conclusive if supported by any substantial evidence.
(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 direction or order from such superior to that effect is proved to the satisfaction of the board.
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