McCall v. Alabama State Personnel Board

I respectfully dissent. Section 36-26-27(a), Ala.Code 1975, permits a classified employee to appeal his or her dismissal to the Alabama State Personnel Board (“the Board”). The Board may either uphold an employee’s dismissal or reinstate an em*995ployee “under such conditions as the board may determine,” including various degrees of punishment. § 36-26-27(a). If the appointing authority rehires an employee, as in this case, while the appeal to the Board is pending, the issue of that employee’s dismissal is rendered moot. “An action that originally was based upon a justiciable controversy cannot…