FAIRHOPE, Ala.— Although an attorney hired for advice on personnel issues said Fairhope does not have a civil service merit system for all employees, Fairhope’s Code of Ordinances seems to say otherwise.

“There is hereby established a personnel system for the city,” the 1994 ordinance states.

The ordinance says the system is based on “merit principles” and applies to most full-time employees and requires the adoption of personnel rules, including grievance and appeal procedures.

“There is not a merit system for employees except law enforcement,” Mobile attorney Paul Myrick said during a work session before Monday’s regular City Council meeting. “Many municipalities have them, but there is nothing that requires creation of one.”

The issue came up during that Aug. 22 work session, which was called to discuss the ramifications of a recent state Supreme Court case on municipal laws and regulations that have restricted the mayor’s power in human resource decisions, including the personnel handbook.

Myrick presented a 17-page memorandum to the mayor and council on Aug. 4 that analyzed the decision and its possible impact on such a city laws and regulations.

His memo concluded that before the council revises the personnel manual or adopts any other human resource ordinances, it “should consult with legal counsel to seek guidance on whether the ordinance comports with the Alabama statutes that impact this separation of powers. “

At the work session, Mayor Tim Kant objected to the creation of a merit system for all employees, comparing it to teacher tenure.

No Fairhope officials or attorneys could be reached for comment by press time.