DAPHNE, Ala.—Having completed a two-month appeal hearing for one employee, the City Council now prepares for another employee hearing set for Aug. 5.

“In a recent dismissal, we convened no less than nine times to complete an appeal hearing, each session lasting for several hours,” Councilman August Palumbo said.

In an effort to reduce time and money spent mediating, the council has considered forming a personnel board to oversee future employee-grievance hearings.

Councilwoman Cathy Barnette’s proposal at Monday’s council meeting was the first public expression of interest in creating the board.

“The council has had no real discussion on this other than what came up Monday night and some informal talk,” Palumbo said, adding that he expects the matter to appear on an upcoming work-session agenda.

Palumbo said he supports creating such a board, citing its potential to limit costs—particularly on litigation—expended during hearings.

Councilman Bailey Yelding, like Palumbo, also supports the idea.

“I would be in support of it but I feel it still needs to go to a work session,” Yelding said.

“If the council has appointing authority, I’m in favor of it,” Council President John Lake said.

Lake—who said he wants to see Small sit on the board or at least have a degree of input—said he favors Foley’s appeal process, which allows the city council to intervene.

All council members were contacted but only those quoted returned or answered calls.

The city has conducted three employee-grievance hearings in the past four years. The most recent appeal—which included meeting eight consecutive Wednesdays in executive session—cost the city $17,600 in legal fees, according to city finance director Kim Briley.

“I do believe we should look into the possibility of establishing such a board, to assist and relieve the council of the time-consuming hearings involved in personnel matters,” Palumbo said.

“We must also consider the legal cost to the city of having the city attorney present during these lengthy hearings.”

Foley’s blueprint

Daphne would not be the first city in Baldwin County to have a personnel board. The city of Foley created its Personnel Actions Committee Advisory Board in 1990.

“The board is appointed by the mayor of Foley,” Councilman Ron Scott said, of the three council members that comprise the committee. “Our council might have a problem with that approach.”

While other council members will not reinstate Daphne Mayor Fred Small’s hiring authority—after adopting an ordinance, and a motion, that stripped him of such responsibilities—Scott has continued to vote in support of Small.

If Daphne strictly follows Foley’s ordinance, committee members must be committed. The ordinance that created Foley’s board mandates that members not serve terms: he or she serves until they resign, are removed by the mayor or die.

Foley’s board does not meet regularly like other committees; most of Daphne’s boards and committees meet at least once per month.

“They meet on an as-needed basis,” City of Foley personnel specialist Kate Norris said.

Under Foley’s ordinance, the committee does not reserve final judgment; that responsibility belongs to the city council. The committee sends a recommendation to the council for a majority vote.

Whether Daphne’s board would act similarly—or if it would reserve exclusive judgment responsibilities—is unclear.

“There are many types of boards and the details of the composition of members and exactly what authority the board will or will not have must be determined,” Palumbo said.

Fairhope’s version

In 1977, Fairhope was the first Eastern Shore governing body to create a personnel board, comprising one council representative and five appointed members who each serve staggered five-year terms. A new member is appointed, or reappointed, each year.

Fairhope board members must live within city limits; may not be employed or hold an appointed or elected office with the city; and may not serve on the board while running for an elected municipal office.

Fairhope’s personnel-board members were initially appointed by the mayor. However, an ordinance adopted Feb. 26 transferred appointing power from the mayor to council.

Fairhope’s council reserves the right to remove any board member for just cause with majority approval.

Like Foley, Fairhope’s employee-grievance hearings are informal and open to the public unless the employee’s character or good name is at issue and the employee requests a closed hearing.

However, unlike Foley’s board—which recommends a decision to city council—Fairhope’s personnel board’s decision is final.

Fairhope’s board has recently begun rewriting and updating the city’s personnel handbook; primarily, however, its membership has handled employee grievances, City of Fairhope human resources director Rhonda White said.

An employee grievance can be filed when certain employment decisions are handed down, including: a demotion resulting in a loss of pay; job reassignment resulting in pay reduction; denial of a pay increase; or dismissal from employment.

At the hearing, the employee—and the city—may present testimony, witnesses and documents and can be represented by legal counsel.

Foley versus Fairhope

The main differences between Foley’s and Fairhope’s Personnel Boards are as follows: