Huntsville City Board of Education v. Sharp

On Application for Rehearing

THOMAS, Judge.

The opinion of January 4, 2013, is withdrawn, and the following opinion is substituted therefor.

Clark Sharp was employed by the Huntsville City Board of Education (“the Board”) as a mechanic; Sharp was a non-probationary support employee. In 2010, the Board was facing a nearly $20 million shortfall in its fiscal year 2009 budget and had also failed to comply with the Fiscal Accountability Act, codified at Ala.Code 1975, § 16-13A-1 et seq., specifically § 16-13A-9, which requires the Board to maintain at least one month’s operating budget in reserve.…