by Scott Buttram, publisher
MONTGOMERY — Just over two years after a Jefferson County judge shot down Trussville’s effort to form the city’s own personnel board, the Alabama state legislature paved the way for the city’s departure from the Jefferson County Personnel Board (JCPB).
A bill signed into law by Governor Kay Ivey on Monday opens the door for the City of Trussville to leave the JCPB and start their own civil service system. The move still requires the approval of the Trussville City Council.
Trussville officials began exploring their options for leaving the Jefferson County Personnel Board in 2018. When an attempt at an amicable departure failed, the city turned to the Alabama Legislature.
Jefferson County Circuit Judge Pat Ballard ruled on Tuesday, April 27, 2021, that the city of Trussville does not have the right to leave the JCPB and form its own board.
The depositions in that case included multiple reasons from city officials outlining the problems that arise when working through the JCBP.
In court documents, Trussville Director of Human Resources Mandy Dixon said the JCPB hiring process is unclear and limits the talent pool when the city is in need of hiring for various positions. She also said the process for offering promotions to existing employees is often made difficult and can take up to two years.
Trussville Fire Chief Tim Shotts also complained in a court filing saying that the Board made promotions and hiring difficult.
“We want the best candidate, not the least common denominator,” Shotts stated.
Police Chief Eric Rush said in an affidavit that issues regarding the personnel board are “numerous.”
“The inadequacies of the board hinder my ability to do my job to the standard that is representative of the City of Trussville,” Rush stated.
Rush said the recruitment of qualified police officers has been an issue. In fact, he said the board has sent him candidates that have outstanding warrants for their arrest or felony convictions that prevent them from carrying a firearm.
When asked about that complaint during a deposition, JCPB Director Lorren Oliver said the board does not have the ability to search for the criminal history of applicants through the NCIC (National Crime Information Center). He said that each police department is responsible for doing so before hiring.
The court battle grew even more contentious when Oliver, without evidence or documentation, suggested in depositions that the City of Trussville was incapable conducting the duties of a personnel board without race and gender discrimination.
“With the city’s new system, issues of race and gender discrimination would likely resurface,” Oliver said in a 2019 deposition. “Individuals that are selected to perform work in the merit system meet well-developed, validated, legally defensible standards for employment. That’s one of the first things that would be jeopardized because, with all due respect, that capability does not exist in the city of Trussville.”
Following Ballard’s ruling against the city, Trussville officials decided to pursue legislation to change the law.
The legislation, HB471, sponsored by Rep. Danny Garrett, is narrowly tailored to fit the city of Trussville. Garrett guided the bill through the House gaining unanimous approval while Senators Shay Shelnutt and Dan Roberts ushered it through the Senate with a critical assist from Sen. Roger Smitherman of Birmingham.
“I very much appreciate the support of my Jefferson County colleagues in the House and Senate, who helped secure unanimous support for the bill in both chambers,” Garrett said. “I especially appreciate the cooperation and support of Senator Roger Smitherman, who understood how the change would benefit the growing city of Trussville, and actively helped navigate the bill through the Senate. This legislation is a game-changer for Trussville.”
The law allows Class 8 municipalities lying in two counties with a population of over 25,000 to leave a county board and form a city civil service system. The city must continue all vested rights and interests (pay, vacation, retirement, etc.) of employees and appointees who were subject to the county personnel board.
According to Michael Brymer, an attorney with Massey, Stotser and Nichols who was instrumental in writing the legislation, the goal was to avoid throwing the door open and allowing a mass exodus of cities from county personnel boards.
As the fastest growing city in Jefferson County over the last 20 years, Trussville had unique reasons for wanting to go the course on its own. Chief among them was being able to move faster to fill job openings.
Mayor Buddy Choat said the journey had been a long one, but should pay dividends for the city.
“Today is a banner day for the city of Trussville.” Choat said on Monday. “Our efforts to get this news today started with discussions in 2018 and culminated with the diligent work by many who saw this as an opportunity for Trussville to continue to move our city forward. I want to thank both current and past administrations for their support along with Representative Danny Garrett and Senators Shelnutt and Roberts.”
Choat planned to notify city employees of the legislation in a letter on Tuesday morning, reassuring them that their status under the JCPB would remain unchanged as the city moves to create their own personnel board pending City Council approval.
After the move, new hires would fall under Trussville rules which are dictated in large part by state and federal law.
If the City Council approves the move as anticipated, it will take about 9 months for the city to complete the transition.