Section 45-37-121.25 - Exempt executive service(a) The classification of exempt executive service for Class I municipalities is hereby created. The board shall have authority to designate or create positions in the exempt executive service upon recommendation or request of the appointing authority of any Class I municipality. Such positions shall be created or designated for primary policy determining positions such as department heads and their chief deputies. Persons employed in the exempt executive service shall serve at the pleasure of the appointing authority, at a rate of compensation and benefits set by the appointing authority. Such persons shall have no right of appeal to the board and no property interest in any exempt job. In the event that an employee of the classified service is appointed to the exempt executive service, such employee shall have the option to return to the classified service at any expiration or termination of the exempt appointment, at the same job classification from which such employee was appointed. Exempt executive service employees shall be members of any pension system available for employees in the department they serve unless the exempt person elects in writing to forfeit such participation. No person currently in the classified service shall be designated as in the exempt executive service unless such person voluntarily elects exempt status with the approval of the board and the appointing authority.(b) Any law or regulation in conflict with this section is hereby repealed or modified to the extent of such conflict.Ala. Code § 45-37-121.25 (1975)