Alabama § 45-8A-22.02 - Exemptions; Opting Out.

§ 45-8A-22.02. Exemptions; Opting Out.

(a) The provisions of this subpart shall not apply to the following: (1) Elective officers; (2) members of appointive boards, commissions, and committees; (3) all employees of the city board of education engaged in the profession of teaching or in supervising teaching in the public schools; (4) attorneys, physicians, surgeons, nurses, and dentists employed in their professional capacities; (5) the judge of any court; (6) independent contractors receiving their remuneration from public funds under contracts awarded by competitive bidding; (7) any person whose employment is subject to the approval of the United States government or any agency thereof; (8) the secretary of the chief executive officer of the city; (9) the following employees of the Anniston Museum of Natural History: Director, assistant director for programs and marketing, museum business manager, curator of natural history, curator of exhibits, artist II, artist I, assistant preparator, exhibit fabricator, naturalist, registrar, public relations coordinator, museum building and grounds supervisor, museum technician, museum horticulturist, museum display technician, and preparator and any new classifications in the exempt category of employment which are created by the Anniston Museum Board.

(b) The provisions of the civil service system provided in this subpart shall not apply to any person employed by the city except civil service employees and grandfathered employees.

(c) A grandfathered employee who remains a civil service employee, at his or her discretion, may opt-out of the civil service system by submitting a signed and verified written notice to his or her appointing authority and a copy to the board, attesting to all of the following:

(1) That the employee is knowingly and voluntarily withdrawing from the civil service system.

(2) That the employee understands and acknowledges that his or her withdrawal is permanent and irrevocable.

(3) That the employee understands and acknowledges that he or she permanently and irrevocably relinquishes his or her status as a grandfathered employee, together with any and all rights and privileges afforded by the board or its rules.

(4) That the employee has relied upon his or her own judgment in an exercise of his or her own free will and has not been coerced, threatened, or otherwise forced to withdraw from the civil service system.

(d) The employee’s withdrawal from the civil service system shall take effect immediately upon his or her delivery of notice, in accordance with subdivision (c), at which time the employee shall be subject to the personnel policies and procedures adopted by the city council.