Alabama § 45-49-120.14 - Appointments.

§ 45-49-120.14. Appointments.

(a) Whenever a vacancy is to be filled by an appointment, the appointing authority shall submit to the director a statement of the position and, if requested by the director, the duties of the position and desired qualifications of the person to be appointed, with a request that the director certify to the appointing authority the names of the persons eligible for appointment to the position. The director shall then certify to the appointing authority the names of the top 10 eligible persons on the appropriate register in alphabetical order and, if more than one vacancy is to be filled, the name of one additional eligible person for each additional vacancy shall be added to the certification in the order they appear on the register, or if agreeable to the appointing authority, all the names on the register if there are fewer than 10 eligible persons.

(b) However, for initial applicants for appointment as law enforcement officers the director shall certify to the appointing authority the names of the top 10 eligible persons on the appropriate register in alphabetical order, and if more than one vacancy is to be filled, the names of 10 additional eligible persons for each additional vacancy shall be added to the certification in the order they appear on the register, or if agreeable to the appointing authority, all names on the register if there are less than 10 eligible persons. Notwithstanding the above, no more than 70 names of eligible persons, regardless of the number of vacancies to be filled, shall be certified to the appointing authority. Notwithstanding the above, all lists of applicants and employees for promotion in the Mobile Police Department, Mobile County Sheriff’s Office, and Mobile Fire Department shall be in ranked order when delivered to the appointing authority.

(c) Furthermore, the Mobile County Health Department, after July 1, 2004, may hire and fire servants, agents, employees, and officers at will employed in jobs not funded by monies generated directly by the State of Alabama, the County of Mobile, or incorporated municipalities therein.

(d) Where residence qualifications are prescribed by the appointing authority, only those complying with residence qualifications shall be certified. If it is impossible to locate any of the eligible persons so certified, or should it become known to the director that an eligible person is not willing to accept the position, or there are less than the above required number of eligible persons, the appointing authority may request that additional names be certified until the proper number of persons eligible and available for the appointment have been certified. Within 30 days after the names are certified, the appointing authority shall appoint one eligible person who is certified to each vacancy which is to be filled. In no event shall extensions be granted beyond the 30 days unless approved by the personnel director. Should the appointing authority fail to return the certification to the director within 30 days, the certification shall be null and void. In the event there are fewer than the authorized number of eligible persons from which to make the selection, the choice may be from the remaining names or a provisional appointment may be made as provided by Section 45-49-120.18. In the event there is not an employment register which the director deems appropriate for the class in which the position is established, the director shall prepare a register within a reasonable time after receipt of the request of the appointing authority that eligible persons be certified. Whenever an eligible person has been certified to and rejected by the appointing authority three times, the director may remove the name of the rejected person from the employment register. No vacancy shall be filled except as provided in this part.