State Personnel Bd. v. Prestwood

The State Personnel Board (the "Board") appeals from a judgment of the circuit court requiring it to conduct a hearing on a "citizen complaint" lodged against a State merit system employee.

Section 36-26-27, Ala. Code 1975, provides two ways by which a merit system employee may be disciplined or dismissed from his or her employment: (a) by the "appointing authority"; and (b) by a process begun with a "citizen complaint." Subsection (b) of § 36-26-27 provides:

"Charges may be filed by an officer, citizen or taxpayer of the state with the [state] director [of personnel] who shall, within five…