Alabama Administrative Code Chapter 580-6-36 — Positions

580 Alabama Department of Mental Health

Ala. Admin. Code r. 580-6-36-.01 Statutory Authority

The Department of Mental Health has the statutory authority to establish non-merit positions and the authority to establish its own personnel policies and salary schedules for all of its employees.

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-2.

Ala. Admin. Code r. 580-6-36-.02 Personnel Administration

The Department shall publish policies, procedures, and regulations pertaining to the administration of employment in the exempt service. These publications shall comply with State Law and executive and judicial orders and directives. The Department of Mental Health and Mental Retardation shall establish and promulgate guidelines governing the selection of exempt employees. The recruitment, selection, and advancement of exempt employees will be based upon job related factors.

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-40.
• Filed September 30, 1982. Amended: Filed October 30, 1992; filed December 15, 1992.

Ala. Admin. Code r. 580-6-36-.03 Recruitment.

Recruitment of personnel for exempt positions is not supported by the State Personnel Department. The DMH/MR shall initiate and maintain aggressive recruitment efforts in confirmed areas of staff requirements/need. Such efforts shall be consistent with the DMH/MR Affirmative Action Plan especially as it relates to minority employment goals.

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-11.
• Amended: Effective May 31, 1988; effective July 6, 1988; filed September 30, 1982; Amended: Filed October 30, 1992; filedDecember 15, 1992.

Ala. Admin. Code r. 580-6-36-.04 Affirmative Action Plan

(1) The Department shall conduct all personnel activities without regard to race, religion, national origin, color, age, sex, or disability, except where sex or physical ability constitute a bona fide occupational qualification. The Department shall publish and implement an affirmative action plan to insure this policy.

(2) The Department and each of the institutions within it shall maintain centralized records of all applicants for professional positions. (Federal Court Order 2709-N, August, 1976).

(3) Applicants for professional positions shall be informed of each position for which they may qualify, and shall be advised of the steps necessary to apply for such positions. (Federal Court Order 2709-N, August, 1976).

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-40.
• Filed September 30, 1982. Filed March 23, 1988; Filed October 30, 1992. Amended: Filed December 15, 1992.

Ala. Admin. Code r. 580-6-36-.05 Exempt Selection

The Department of Mental Health/Mental Retardation will employ individuals to exempt positions only through an open and competitive process. Job announcements will be made before the appointment of any individual into a vacant position. The recruitment, selection, and advancement of exempt employees will be based upon job related factors.

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-11.
• Filed September 30, 1982. Amended: Filed October 30, 1992; filed December 15, 1992.

Ala. Admin. Code r. 580-6-36-.06 Probationary Period

The Department of Mental Health and Mental Retardation recognizes that a period of from six months to twelve months following employment of an exempt employee will constitute a probationary period. Individuals terminated during this period do not have the right to appeal.

History

• Author: Division of Mental Retardation, DMH/MR.
• Authority: Code of Ala. 1975, § 22-50-11.
• Filed September 30, 1982. Amended: Filed October 30, 1992; filed December 15, 1992.