Fraternal Order of Police, Lodge No. 64 v. Personnel Board of Jefferson County, 2012 WL 3631161

Fraternal Order of Police Lodge No. 64 and three Jefferson County Sheriff’s Office employees challenge suspension of merit pay increases.
The circuit court granted summary judgment for the County, Personnel Board, and Sheriff; employees appeal.
Rule 8.2(c) authorizes appointing authorities to grant or suspend merit pay increases at their discretion, subject to a satisfactory performance prerequisite.
§ 12 of the Enabling Act requires a pay plan for efficiency and length of service but does not prohibit suspensions or confer mandatory across-the-board increases.
The board’s and director’s interpretations and prior guidance support the authority to suspend merit raises; the court adopted these interpretations.
The court held that Rule 8.2(c) allows across-the-board suspensions and that § 12 does not prohibit such discipline, affirming the summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rule 8.2(c) authorizes across-the-board suspensions	McAnally/Finley contend Rule 8.2(c) only requires a satisfactory review, not suspension	Board and sheriff contend Rule 8.2(c) gives discretion to suspend	Yes; Rule 8.2(c) permits suspension of merit raises
Whether § 12 of the Enabling Act prohibits suspensions	§ 12 requires a pay plan with advancement but does not authorize withholding authority	§ 12 permits the Board to implement discretionary suspensions via rulemaking	No; § 12 does not prohibit across-the-board suspensions; power to suspend is within Board’s rulemaking scope

Ex parte Dorough, 773 So.2d 1001 (Ala.2000) (statutory interpretation requires plain meaning when language is unambiguous)
Ex parte Pfizer, Inc., 746 So.2d 960 (Ala.1999) (statutory language controls where plain and unambiguous)
Jordan v. City of Mobile, 260 Ala. 398, 71 So.2d 513 (Ala.1954) (agency rulemaking powers interpreted broadly within enabling act)