S.B. 78

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 supervise or oversee departmental
15 or 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 None
27 Utah Code Sections Affected:

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]

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 supervise or oversee departmental or
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[,

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 county legislative body shall, after 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.

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

Office of Legislative Research and General Counsel