(a) Notwithstanding any provision of law to the contrary, a Class 5, Class 6, Class 7, or Class 8 municipality may rehire a retired law enforcement officer to perform duties as needed if the mayor, or town or city council, as appropriate, declares all of the following:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 11-40-10.2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) There is a critical personnel shortage such that the rehiring is necessary to provide public safety services.
(2) The retired law enforcement officer retired from any state or local law enforcement agency within the State of Alabama which subscribes to the same pension system as the reemploying authority, and has been retired for at least 45 consecutive days prior to reemployment with a municipality.
(3) The retired law enforcement officer, at the time of retirement, met the qualifications as a law enforcement officer provided in Section 36-21-46, and the standards and rules issued by the Alabama Peace Officers’ Standards and Training Commission which were in place at the time of his or her retirement.
(4) The poverty rate of the county in which the municipality is situated is greater than 25 percent, as measured by the most recent decennial census.
(b) The chief of police, mayor, or town or city council, as appropriate, shall approve a retired law enforcement officer for reemployment pursuant to the established guidelines for new hires of the reemploying authority.
(c) The number of retirees from the Alabama State Law Enforcement Agency reemployed by a municipality pursuant to this section may not exceed 10 percent of the reemploying authority’s entire authorized law enforcement officer force on September 1, 2019.
(d) The job duties of a rehired retired law enforcement officer by a reemploying authority shall not consist primarily of an administrative nature, and shall be limited to tasks which are traditionally performed by patrolmen and detectives. For the purposes of this article, “tasks which are traditionally performed by patrolmen and detectives” includes:

(1) Providing for public safety by maintaining order, responding to emergencies, protecting people and property, enforcing motor vehicle and criminal laws, and promoting good community relations.
(2) Identifying, pursuing, and arresting suspects and perpetrators of criminal acts.
(3) Obtaining warrants and arresting suspects and perpetrators of criminal acts.
(4) Recording facts to prepare reports that document incidents and activities.
(5) Reviewing facts of incidents to determine if a criminal act or a statutory violation was involved.
(6) Rendering aid to accident victims and other persons requiring first aid for physical injuries.
(7) Testifying in court to present evidence or acting as witness in traffic and criminal cases.
(8) Evaluating complaint and emergency-request information to determine response requirements.
(9) Patrolling specific areas on foot, horseback, bicycle, or motorized conveyance and responding promptly to calls for assistance.
(10) Monitoring, noting, reporting, and investigating suspicious persons and situations, safety hazards, and unusual or illegal activity in patrol area.
(11) Investigating traffic accidents and other accidents to determine causes and to determine if a crime has been committed.
(12) Photographing or drawing diagrams of crime or accident scenes and interviewing principals and eyewitnesses.
(13) Monitoring traffic to ensure motorists observe traffic regulations and exhibit safe driving procedures.
(14) Relaying complaint and emergency-request information to appropriate agency dispatchers.
(15) Issuing citations or warnings to violators of motor vehicle ordinances.
(16) Directing traffic flow and rerouting traffic in case of emergencies.
(17) Informing citizens of community services and recommending options to facilitate longer-term problem resolution.
(18) Providing road information to assist motorists.
(19) Processing prisoners, and preparing and maintaining records of prisoner bookings and prisoner status during booking and pre-trial process.
(20) Inspecting public establishments to ensure compliance with rules and regulations.
(21) Acting as official escorts, such as when leading funeral processions or firefighters.
(e) The period of reemployment for a retired law enforcement officer pursuant to this section may be no more than a total of 10 years from the date of rehiring by the reemploying authority.
(f) The compensation of the rehired retired law enforcement officer may not exceed the compensation that he or she received at the time of his or her retirement.
(g) Notwithstanding subsection (f), a retired law enforcement officer rehired under this section is subject to Section 36-27-8.2.
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