Stotser, 061518 ALAGO, 2018-36

Docket Nº:2018-36
Case Date:June 15, 2018
Court:Alabama
 
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Honorable Garrick L. Stotser
No. 2018-36
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
June 15, 2018
         Honorable Garrick L. Stotser          City Attorney, City of Trussville          1780 Gadsden Highway          Birmingham, Alabama 35235          Municipalities - Civil Service System - Personnel Boards - Municipal Employees - Jefferson County          The City of Trussville is not subject to the Civil Service System of Jefferson County and has the implied power to establish its own civil service system for all municipal employees, but is statutorily required to have a civil service system for its law enforcement officers.          If the city creates a new civil service system for its employees, employees with vested rights under the Civil Service System of Jefferson County must have those rights continued under the new system and administered in a way that does not take away those vested rights. The determination of what rights are vested requires a factual determination for each employee.          Dear Mr. Stotser:          This opinion of the Attorney General is issued in response to your request on behalf of the City of Trussville.          QUESTION          (1) Did the City of Trussville cease to be governed by the Civil Service System of Jefferson County when it annexed land in St. Clair County such that the city's corporate limits ceased to lie wholly within Jefferson County, and thus the city is now free to form its own civil service system?          FACTS AND ANALYSIS          Your request states as follows:          1. The City of Trussville is a municipality incorporated under the laws of the State of Alabama and has historically filled vacancies in its work force through the Personnel Board of Jefferson County and has participated in the Personnel Board's civil service merit system.          2. According to the most recent federal decennial census, the city has a population of approximately 20,000 inhabitants within its corporate limits.          3. The corporate limits do not lie wholly within Jefferson County because of prior annexations. In 1992 the limits extended into St. Clair County due to annexation. Subsequently, two additional annexations into St. Clair County occurred in 2004 and more recently.          4. Following these annexations, the city did not adopt a resolution electing to come under the provisions of the Personnel Board of Jefferson County; therefore, the city could...

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