S.B. 78

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Senate 3rd Reading Amendments 2-11-2008 rd/

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Senate Committee Amendments 1-31-2008 rd/ This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 31, 2008 at 4:42 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 11, 2008 at 11:11 AM by rday. --> 1

COUNTY PERSONNEL MANAGEMENT ACT
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne L. Niederhauser
6 House Sponsor: Gregory H. Hughes
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the County Personnel Management Act.
11 Highlighted Provisions:
12 This bill:
13 . adds an exception to tenured positions included within the career service system for
14 persons appointed by an elected county officer to S. [ supervise or oversee departmental
15 or ] administer .S division functions in furtherance of the performance of the elected officer's
16 professional duties;
17 . clarifies that a person currently serving in a nonexempt position does not lose that
18 status because of the enactment of the provision adding an exception;
19 . requires elected county officers to work with the office of personnel management to
20 develop incentives to encourage certain nonexempt employees to convert
21 voluntarily to exempt status; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 S. [ None ] This bill coordinates with H.B. 235, County Merit System Amendments, by
26a providing which technical amendments supersede and by substantively and technically
26b merging the amendments contained in H.B. 235 with the amendments contained in this bill. .S
27 Utah Code Sections Affected:

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- 2 - 28 AMENDS:
29 17-33-1, as last amended by Laws of Utah 2002, Chapter 83
30 17-33-8, as last amended by Laws of Utah 2007, Chapter 211
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-33-1 is amended to read:
34 17-33-1. Title -- Establishment of merit system -- Separate systems for peace
35 officers and firemen recognized -- Options of small counties.
36 (1) This chapter shall be known and may be cited as the "County Personnel
37 Management Act."
38 (2) A merit system of personnel administration for the counties of the state of Utah,
39 their departments, offices, and agencies, except as otherwise specifically provided, is
40 established.
41 (3) This chapter recognizes the existence of the merit systems for peace officers of the
42 several counties as provided for in Chapter 30, Deputy Sheriffs - Merit System, and for firemen
43 of the several counties as provided for in Chapter 28, Firemen's Civil Service Commission, and
44 is intended to give county commissions the option of using the provisions of this chapter as a
45 single merit system for all county employees or in combination with these existing systems for
46 firemen and peace officers.
47 (4) On or after May 6, 2002, any county that has fewer than 200 employees not covered
48 by other merit systems or not exempt under Subsections 17-33-8 (1)(b)(i) through [(6)] (vii)
49 may, at its option, comply with the provisions of this chapter.
50 (5) Notwithstanding the provisions of Subsection (4), any county which was in
51 compliance with the provisions of this chapter prior to May 6, 2002, shall continue to comply
52 with the provisions of this chapter even though the county may not thereafter meet or exceed
53 the threshold requirements of Subsection (4).
54 Section 2. Section 17-33-8 is amended to read:
55 17-33-8. Career service -- Exempt positions.
56 (1) The career service [shall be]:
57 (a) is a permanent service to which this [law shall apply] chapter applies; and [shall
58 comprise]

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Senate Committee Amendments 1-31-2008 rd/ 59

(b) comprises all tenured county positions in the public service [now existing or
60 hereafter established], except [the following]:
61 [(1) The] (i) subject to Subsection (2):
62 (A) the county executive, members of the county legislative body, and other elected
63 officials[,]; and
64 (B) each major department [heads] head charged directly by the county legislative
65 body, or by a board appointed by the county legislative body, with the responsibility of
66 assisting [in the formulation and carrying] to formulate and carry out [of] policy matters [of
67 policy; and if it is sought that any position which differs from its present status be exempted or
68 tenured after the effective date of this act, a public hearing on the proposed exemption or tenure
69 shall be held upon due notice and the concurrence of the council.];
70 [(2) One] (ii) one confidential secretary for each elected county officer and major
71 department head, if [one] a confidential secretary is assigned[.];
72 [(3) An] (iii) an administrative assistant to the county executive, each member of the
73 county legislative body, and [to] each elected official, if [one] an administrative assistant is
74 assigned[.];
75 [(4) The] (iv) the duly appointed chief deputy of any elected county officer who
76 [would take] takes over and [discharge] discharges the duties of the elected county officer in
77 the absence or disability of the [originally responsible] elected county officer[.];
78 (v) subject to Subsection (3), a person who is:
79 (A) appointed by an elected county officer to S. [ supervise or oversee departmental or ]
79a administer .S
80 division functions in furtherance of the performance of the elected officer's professional duties;
81 (B) in a confidential relationship with the elected county officer; and
82 (C) not in a law enforcement rank position of captain or below;
83 [(5) Persons] (vi) a person employed to make or conduct a temporary and special
84 inquiry, investigation, or examination on behalf of the county legislative body or one of its
85 committees[.];
86 [(6) Noncareer employees] (vii) a noncareer employee:
87 (A) compensated for [their] the employee's services on a seasonal or contractual basis
88 [who are]; and
89 (B) hired on emergency or seasonal appointment basis, as approved by the council[,

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Senate 3rd Reading Amendments 2-11-2008 rd/

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Senate Committee Amendments 1-31-2008 rd/ 90

and];
91 (viii) a provisional [employees] employee, as defined by the county's policies and
92 procedures or its rules and regulations[.];
93 [(7) Part-time employees] (ix) a part-time employee, as defined by the county's
94 policies and procedures or its rules and regulations[.];
95 [(8) Employees] (x) an employee appointed to perform:
96 [(a)] (A) work that does not exceed three years in duration; or
97 [(b)] (B) work with limited funding[.]; and
98 [(9) Positions which] (xi) a position that, by [their] its confidential or key
99 policy-determining nature [-- confidential or key policy-determining or both --], cannot or
100 should not be appropriately included in the career service. [All positions]
101 (2) Before a position under Subsection (1)(b)(i) may be changed from its current status
102 to exempt or tenured, the S. [ county legislative body ] career service council .S shall, after
102a giving due notice, hold a public
103 hearing on the proposed change of status.
104 (3) (a) Subsection (1)(b)(v) may not be construed to cause a person serving as a
105 nonexempt employee on May 5, 2008 in a position described in that subsection from losing the
106 nonexempt status.
107 (b) The elected county officer in a supervisory position over an employee described in
108 Subsection (3)(a) shall work with the county's office of personnel management to develop
109 financial and other incentives to encourage a nonexempt employee to convert voluntarily to
110 exempt status.
111 (4) (a) Each position designated as being exempt under [this] Subsection (1)(b)(xi)
112 shall be listed in the rules and regulations promulgated under this [act] chapter by:
113 (i) job title; and
114 (ii) department, office, or agency[, and any].
115 (b) A change in exempt status [shall constitute] of a position designated as being
116 exempt under Subsection (1)(b)(xi) constitutes an amendment to the rules and regulations
117 promulgated under this chapter.
117a S. Section 3. Coordinating S.B. 78 with H.B. 235 -- Technically superseding amendments --
117b Substantively and technically merging the amendments.
117c If this S.B. 78 and H.B. 235, County Merit System Amendments, both pass, it is the
117d intent of the Legislature that when the Office of Legislative Research and General Counsel
117e prepares the Utah Code database for publication:
117f (1) the amendments to Section 17-33-1 in this bill supersede the amendments to Section
117g 17-33-1 in H.B. 235; and
117h (2) merge the amendments in this bill to Section 17-33-8 with the amendments in .S

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Senate 3rd Reading Amendments 2-11-2008 rd/ 117i

S. H.B. 235 so that Section 17-33-8 reads:
117j 17-33-8. Career service -- Exempt positions.
117k (1) The career service Text Box

{ shall be Text Box
} :

117l (a) is a permanent service to which this Text Box

{ law shall apply and shall

117m comprise Text Box
} chapter applies; and
117n (b) comprises all tenured county positions in the public service Text Box

{ now existing or

117o hereafter established Text Box
} , except Text Box

{ the following Text Box
} :

117p (i) subject to Subsection (2):
117q [ (1) The ] (A) the county executive, members of the county legislative body, other
117r elected officials Text Box

{ , Text Box
} ; and

117s (B) each major department Text Box

{ heads Text Box
} head charged directly by the county legislative

117t body, or by a board appointed by the county legislative body, with the responsibility of
117u assisting Text Box

{ in the formulation and carrying out of matters of policy; and if it is sought that

117v any position which differs from its present status be exempted or tenured after the effective
117w date of this act, a public hearing on the proposed exemption or tenure shall be held upon due
117x notice and the concurrence of the council. Text Box
} to formulate and carry out policy matters;
117y [ (2) One ] (ii) one confidential secretary for each elected county officer and major
117z department head , if Text Box

{ one Text Box
} a confidential secretary is assigned Text Box
{ . Text Box
} ;

117aa [ (3) An ] (iii) an administrative assistant to the county executive, each member of the
117ab county legislative body, and Text Box

{ to Text Box
} each elected official, if Text Box
{ one Text Box
} an administrative

117ac assistant is assigned Text Box

{ . Text Box
} ;

117ad [ (4) The ] (iv) each duly appointed chief deputy of any elected county officer who
117ae [ would take ] takes over and Text Box

{ discharge Text Box
} discharges the duties of the elected county officer

117af in the absence or disability of the Text Box

{ originally responsible Text Box
} elected county officer Text Box
{ . Text Box
} ;

117ag (v) subject to Subsection (3), a person who is:
117ah (A) appointed by an elected county officer to administer division functions in
117ai furtherance of the performance of the elected officer's professional duties;
117aj (B ) in a confidential relationship with the elected county officer; and
117ak (C) not in a law enforcement rank position of captain or below;
117al [ (5) Persons ] (iv) each person employed to make or conduct a temporary and
117am special inquiry, investigation, or examination on behalf of the county legislative body or one of
117an its committees Text Box

{ . Text Box
} ;

117ao [ (6) Noncareer employees ] (vii) each noncareer employee:
117ap (A) compensated for Text Box

{ their Text Box
} the employee's services on a seasonal or contractual

117aq basis Text Box

{ who are Text Box
} ; and

117ar (B) hired on emergency or seasonal appointment basis, as approved by the council .S Text Box

{

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Senate 3rd Reading Amendments 2-11-2008 rd/ 117as

S. , and Text Box
} ; and
117at (vii) each provisional Text Box

{ employees Text Box
} employee, as defined by the county's policies

117au and procedures or its rules and regulations Text Box

{ . Text Box
} ;

117av [ (7) Part-time employees ] (ix) each part-time employee, as defined by the
117aw county's policies and procedures or its rules and regulations Text Box

{ . Text Box
} Text Box
; Text Box

117ax [ (8) Employees ] (x) each employee appointed to perform:
117ay [ (a) ] (A) work that does not exceed three years in duration; or
117az [ (b) ] (B) work with limited funding Text Box

{ . Text Box
} ; and

117ba [(9) Positions which by their nature --]
117bb (xi) each position that, by its confidential or key policy-determining Text Box

{ or both -- Text Box
} nature,

117bc cannot or should not be appropriately included in the career service. Text Box

{ All positions designated as

117bd being exempt under this Subsection shall be listed in the rules Text Box
}
117be (2) Before a position under Subsection (1)(b)(i) may be changed from its current status
117bf to exempt or tenured, the career service council shall, after giving due notice, hold a public
117bg hearing on the proposed change of status.
117bh (3) (a) Subsection (1)(b)(v) may not be construed to cause a person serving as a
117bi nonexempt employee on May 5, 2008 in a position described in that subsection to lose the
117bj nonexempt status.
117bk (b) The elected county officer in a supervisory position over an employee described in
117bl Subsection (3)(a) shall work with the county's office of personnel management to develop
117bm financial and other incentives to encourage a nonexempt employee to convert voluntarily to
117bn exempt status.
117bo (4) (a) Rules and regulations promulgated under this Text Box

{ act Text Box
} chapter shall list by

117bp job title and department, office or agency, Text Box

{ and any Text Box
} each position designated as exempt

117bq under Subsection (1)(b)(xi).
117br (b) A change in exempt status Text Box

{ shall constitute Text Box
} of a position designated as being

117bs exempt under Subsection (1)(b)(xi) constitutes an amendment to the rules and
117bt regulations promulgated under this chapter .S .

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Legislative Review Note
as of 1-10-08 6:46 AM

Office of Legislative Research and General Counsel