Alabama § 45-58-231.35 - Charges or Complaints of Wrongdoing; Proceedings

(a) Written charges or complaints of wrongdoing or any other grievance may be filed with the board by any employee, officer, supervisor, chief, or other employee of any county or municipal law enforcement office to which this subpart applies as herein provided. The charge, complaint, or grievance must be specifically stated, and sworn to before any member of the board or before any person authorized to administer oaths.

(b) Upon the receipt of the charges, the board, after due consideration, shall determine whether in its opinion, sufficient grounds exist to warrant a hearing thereon, and if not, the charges may be dismissed by the board. If in the judgment of the board the charges are of a minor nature, the charges may be referred by the board to the proper department head who shall make an investigation of the charges and make recommendation to the board within such time as the board may prescribe, as to what disciplinary action, if any, should be taken. After the recommendation is made by the department head and after due notice is given to the employee thereby affected by the recommendation and the contents thereof, the board, in its discretion, may adopt and order executed the action or any part thereof recommended by the department head. However, if the complainant or the affected employee, or both of them, objects to the recommendation of the department head, the board shall hold a hearing on the matter, and take such disciplinary action as in their judgment is warranted by the evidence and under the law. All hearings before the board shall be open to the public, unless otherwise authorized by law. All testimony given in all hearings before the board shall be recorded. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case. In all proceedings before the board the city attorney, or county attorney as the case may be, may appear and prosecute all charges instituted by the governing body of the county or of any municipality electing to come under this subpart, either individually or as a body, or the sheriff or his or her supervisors, or by any department head, when requested or directed to do so by the city governing body, or the sheriff or his or her supervisors. It shall not be the duty of the city attorney or the county attorney to prosecute any charges brought by a private citizen. In all proceedings before the board, the city attorney or county attorney may appear and represent the interests of the city or sheriff’s department and they shall also give legal advice and legal assistance to the board as may be requested by the board.