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H.B. 311 Enrolled

    

HUMAN RESOURCE MANAGEMENT AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Brian R. Allen

    AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; CLARIFYING
    EXEMPTIONS TO THE CAREER SERVICE SYSTEM; EXEMPTING CERTAIN
    DEPARTMENT ACTIONS FROM CERTAIN RECLASSIFICATION AND SALARY
    REQUIREMENTS; AMENDING REQUIREMENTS FOR CERTIFICATIONS AND
    REGISTERS; CLARIFYING SALARY SURVEY PROVISIONS FOR STATE PEACE
    OFFICERS; CHANGING THE STATUS OF THE HUMAN RESOURCES ADVISORY
    COMMITTEE; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         67-19-6.5, as last amended by Chapters 79, 194 and 243, Laws of Utah 1996
         67-19-12, as last amended by Chapters 192 and 283, Laws of Utah 1996
         67-19-12.3, as enacted by Chapter 283, Laws of Utah 1996
         67-19-15, as last amended by Chapter 128, Laws of Utah 1994
         67-19-15.7, as last amended by Chapter 136, Laws of Utah 1995
         67-19-16, as last amended by Chapter 130, Laws of Utah 1995
         67-20-8, as enacted by Chapter 128, Laws of Utah 1995
    REPEALS:
         67-19-40, as enacted by Chapter 253, Laws of Utah 1991
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 67-19-6.5 is amended to read:
         67-19-6.5. Human Resources Advisory Committee created -- Responsibilities.
        (1) [There is created] If a formal request is received from the Legislative Management
    Committee or if the governor determines that an advisory committee is needed to study or advise
    the director on human resource issues, the governor shall direct that a Human Resources Advisory
    Committee be created, composed of:


        (a) five nonpartisan members appointed by the governor;
        (b) one member from the House appointed by the speaker of the House;
        (c) one member of the Senate appointed by the president of the Senate; and
        (d) the director, who shall serve as an ex officio member of the committee.
        (2) The members appointed by the governor shall be Utah citizens who are responsible for
    human resource functions in organizations other than the state.
        (3) The director and the legislative members shall serve as nonvoting members of the
    committee.
        (4) The department shall provide staff and support services to the committee.
        [(5) (a) Except as required by Subsection (b), the voting members of the committee shall
    be appointed for terms of four years and shall serve until their successors are appointed and
    qualified.]
        [(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
    appointment or reappointment, adjust the length of terms to ensure that the terms of committee
    members are staggered so that approximately half of the committee is appointed every two years.]
        (5) Members of the committee shall serve until the purposes of the committee are
    accomplished or until the committee is dissolved.
        (6) The legislative members of the committee shall serve terms of two years as follows:
        (a) the senator's term shall begin on July 1 of each even-numbered year; and
        (b) the representative's term shall begin on July 1 of each odd-numbered year.
        (7) The committee shall choose a chair and a vice chair from among the voting members.
        (8) Three voting members of the committee are a quorum to transact business.
        (9) (a) (i) Members who are not government employees shall receive no compensation or
    benefits for their services, but may receive per diem and expenses incurred in the performance of the
    member's official duties at the rates established by the Division of Finance under Sections
    63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officer and employee members who do not receive salary, per diem,

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    or expenses from their agency for their service may receive per diem and expenses incurred in the
    performance of their official duties from the committee at the rates established by the Division of
    Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) State government officer and employee members may decline to receive per diem and
    expenses for their service.
        (c) Legislators on the committee shall receive compensation and expenses as provided by
    law and legislative rule.
        (10) The committee shall:
        (a) meet at the call of the director or of the chair;
        (b) keep minutes of its meetings;
        (c) comply with the procedures and requirements of Title 52, Chapter 4, Open and Public
    Meetings;
        (d) advise the director on human resource policies for state employees;
        (e) advise the governor and the Appropriations Interim Committee of the Legislature on
    human resource policies for state employees if requested to do so by them or by the director; and
        (f) study the following through the taking of testimony and by other lawful means:
        (i) basic pay policy;
        (ii) pay plan design;
        (iii) the concept of pay for performance;
        (iv) total quality management; and
        (v) the funding, administration, implications, principles, techniques, and implementation of
    the subjects specified in Subsections (i) through (iv).
        (11) When a vacancy occurs in the membership for any reason, the appointing authority shall
    appoint a replacement [shall be appointed for the unexpired term].
        (12) Decisions and recommendations of the committee are advisory only.
        Section 2. Section 67-19-12 is amended to read:
         67-19-12. State pay plans -- Applicability of section -- Exemptions from section --
     Duties of director.

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        (1) (a) This section, and the rules adopted by the department to implement this section, apply
    to each career and noncareer state employee not specifically exempted under Subsection (2).
        (b) If not exempted under Subsection (2), a state employee is considered to be in classified
    service.
        (2) [(a)] The following state employees are exempt from this section:
        [(i)] (a) members of the Legislature and legislative employees;
        [(ii)] (b) members of the judiciary and judicial employees;
        [(iii)] (c) elected members of the executive branch and their direct staff who [are
    merit-exempt employees] meet career service exempt criteria as defined in Subsection
    67-19-15(1)(k);
        [(iv)] (d) certificated employees of the State Board of Education;
        [(v)] (e) officers, faculty, and other employees of state institutions of higher education;
        [(vi)] (f) employees in any position [for which the salary is set by statute] that is determined
    by statute to be exempt from this Subsection (2);
        [(vii)] (g) attorneys in the Office of the Attorney General;
        [(viii)] (h) department heads and other persons appointed by the governor pursuant to statute;
    and
        [(ix)] (i) employees of the Department of Community and Economic Development whose
    positions are designated as executive/professional positions by the executive director of the
    Department of Community and Economic Development with the concurrence of the director[;].
        [(x) deputy, division, and assistant directors and administrative assistants who report directly
    to a department head or his equivalent; and]
        [(xi) any other person whose appointment is required by law to be approved by the
    governor.]
        [(b) The executive director shall determine the salary range and other employment benefits
    for appointees under Subsection (2)(a)(xi).]
        (3) (a) The director shall prepare, maintain, and revise a position classification plan for each
    employee position not exempted under Subsection (2) to provide equal pay for equal work.

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        (b) Classification of positions shall be based upon similarity of duties performed and
    responsibilities assumed, so that the same [qualifications may reasonably be required for,] job
    requirements and the same salary range may be applied equitably to[,] each position in the same
    class.
        (c) The director shall allocate or reallocate the position of each employee in classified
    service to one of the classes in the classification plan.
        (d) (i) The department shall conduct periodic studies and desk audits to provide that the
    classification plan remains reasonably current and reflects the duties and responsibilities assigned
    to and performed by employees.
        (ii) The director shall determine the schedule for studies and desk audits after considering
    factors such as changes in duties and responsibilities of positions or agency reorganizations.
        (4) (a) With the approval of the governor, the director shall develop and adopt pay plans for
    each position in classified service.
        (b) The director shall design each pay plan to achieve, to the degree that funds permit,
    comparability of state salary ranges to salary ranges used by private enterprise and other public
    employment for similar work.
        (c) The director shall adhere to the following in developing each pay plan:
        (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
    differential among the various classes of positions in the classification plan.
        (ii) The director shall assign each class of positions in the classification plan to a salary range
    and shall set the width of the salary range to reflect the normal growth and productivity potential of
    employees in that class. The width of the ranges need not be uniform for all classes of positions in
    the plan, but each range shall contain merit steps in increments of 2.75% salary increases.
        (iii) The director shall issue rules for the administration of pay plans. The rules may provide
    for exceptional performance increases and for a program of incentive awards for cost-saving
    suggestions and other commendable acts of employees. The director shall issue rules providing for
    salary adjustments.
        (iv) Merit step increases shall be granted, if funds are available, to employees who receive

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    a rating of "successful" or higher in an annual evaluation of their productivity and performance.
        (v) By October 15 of each year, the director shall submit market comparability adjustments
    to the state budget officer for consideration to be included as part of the affected agency's base
    budgets.
        (vi) By October 31 of each year, the director shall recommend a compensation package to
    the governor.
        (vii) Adjustments shall incorporate the results of a total compensation market survey of
    salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
    private and public employment in the state. The survey may also study comparable unusual
    positions requiring recruitment outside Utah in the surrounding western states. The director may
    cooperate with other public and private employers in conducting the survey.
        (viii) The director shall establish criteria to assure the adequacy and accuracy of the survey
    and shall use methods and techniques similar to and consistent with those used in private sector
    surveys. Except as provided under Section 67-19-12.3, the survey shall include a reasonable cross
    section of employers. The director may cooperate with or participate in any survey conducted by
    other public and private employers.
        (ix) The establishing of a salary range is a nondelegable activity subject to Subsection
    67-19-8(1) and is not appealable under the grievance procedures of Sections 67-19-30 through
    67-19-32, Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
        (x) The governor shall:
        [(i)] (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
    the executive budget and shall recommend the method of distributing the adjustments;
        [(ii)] (B) submit compensation recommendations to the Legislature; and
        [(iii)] (C) support the recommendation with schedules indicating the cost to individual
    departments and the source of funds.
        (xi) If funding is approved by the Legislature in a general appropriations act, the adjustments
    take effect on the July 1 following the enactment.
        (5) (a) The director shall regularly evaluate the total compensation program of state

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    employees in the classified service.
        (b) The department shall determine if employee benefits are comparable to those offered by
    other private and public employers using information from:
        (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
    Chamber of Commerce Research Center; or
        (ii) the most recent edition of a nationally recognized benefits survey.
        (6) (a) The director shall submit proposals for a state employee compensation plan to the
    governor by October 31 of each year, setting forth findings and recommendations affecting state
    employee compensation.
        (b) The governor shall consider the director's proposals in preparing budget
    recommendations for the Legislature.
        (c) The governor's budget proposals to the Legislature shall include a specific
    recommendation on state employee compensation.
        Section 3. Section 67-19-12.3 is amended to read:
         67-19-12.3. Peace officer and correctional officer pay plans.
        The pay plans for peace officers, as defined under Section 77-1a-1, and correctional officers,
    as defined under Section 77-1a-2, employed by the state shall [be in accordance with the provisions
    under] comply with Section 67-19-12, except that[: (1)] the market [compatibility survey for the
    state's] comparability of state salary ranges for peace officers and correctional officers shall be based
    on a total compensation [for the rank corresponding to peace officers] survey of salary ranges and
    benefits of the three largest law enforcement agencies of any political subdivision of the state[;].
        [(2) the market compatibility survey for the state's correctional officers shall be total
    compensation for the rank corresponding to correctional officers of the three largest employing
    agencies of correctional officers of any political subdivision of the state; and]
        [(3) when determining compensation, the director shall consider the total compensation
    under Subsection (2) and (3), internal comparisons, and other factors in order to allow the state to
    recruit and retain the highest qualified peace officers and correctional officers.]
        Section 4. Section 67-19-15 is amended to read:

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         67-19-15. Career service -- Exempt positions -- Schedules for civil service positions --
     Coverage of career service provisions.
        (1) Except as otherwise provided by law or by rules and regulations established for federally
    aided programs, the following positions are exempt from the career service provisions of this
    chapter:
        (a) the governor, members of the Legislature, and all other elected state officers, designated
    as Schedule AA;
        (b) the agency heads [of departments appointed by the governor,] enumerated in Section
    67-22-2, and commissioners designated as Schedule AB;
        (c) all employees and officers in the office and at the residence of the governor, designated
    as Schedule AC;
        (d) employees who are in a confidential relationship to [a department] an agency head or
    commissioner and who report directly to, and are supervised by, a department head, commissioner,
    or deputy director of [a department] an agency or its equivalent, designated as Schedule AD;
        (e) unskilled employees in positions requiring little or no specialized skill or training,
    designated as Schedule AE;
        (f) part-time professional noncareer persons who are paid for any form of medical and other
    professional service and who are not engaged in the performance of administrative duties, designated
    as Schedule AF;
        (g) attorneys in the attorney general's office who are under their own career service pay plan,
    designated as Schedule AG;
        (h) teaching staff of all state institutions and patients and inmates employed in state
    institutions, designated as Schedule AH;
        (i) persons [employed in a professional or scientific capacity to make or conduct a temporary
    and special inquiry, investigation, or examination on behalf of the Legislature or a legislative
    committee or by authority of the governor] appointed to a position vacated by an employee who has
    a right to return under federal or state law or policy, designated as Schedule AI;
        (j) noncareer employees compensated for their services on a seasonal or contractual basis

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    who are hired for limited periods of less than nine consecutive months or who are employed on less
    than 1/2 time basis, designated as Schedule AJ;
        (k) those employees in a personal and confidential relationship to elected officials,
    designated as Schedule AK;
        (l) employees appointed to perform work [on projects] of a limited duration not exceeding
    two years or to perform work with time-limited funding, designated as Schedule AL;
        (m) employees of the Department of Community and Economic Development whose
    positions are designated as executive/professional positions by the executive director of the
    Department of Community and Economic Development with the concurrence of the director,
    designated as Schedule AM;
        (n) employees of the Legislature, designated as Schedule AN;
        (o) employees of the judiciary, designated as Schedule AO;
        (p) all judges in the judiciary, designated as Schedule AP;
        (q) members of state and local boards and councils appointed by the governor and governing
    bodies of [departments] agencies, other local officials serving in an ex officio capacity, officers,
    faculty, and other employees of state universities and other state institutions of higher education,
    designated as Schedule AQ; [and]
        (r) employees who make statewide policy, designated as Schedule AR[.]; and
        (s) any other employee whose appointment is required by statute to be career service exempt,
    designated as Schedule AS.
        (2) The civil service shall consist of two schedules as follows:
        (a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
        (ii) Removal from any appointive position under Schedule A, unless otherwise regulated by
    statute, is at the pleasure of the appointing officers without regard to tenure.
        (b) Schedule B is the competitive career service schedule, consisting of all positions filled
    through competitive selection procedures as defined by the director.
        (3) (a) The director, after consultation with the heads of concerned executive branch
    departments and agencies and with the approval of the governor, shall allocate positions to the

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    appropriate schedules under this section.
        (b) Agency heads shall make requests and obtain approval from the director before changing
    the schedule assignment and tenure rights of any position.
        (c) Unless the director's decision is reversed by the governor, when the director denies an
    agency's request, the director's decision is final.
        (4) (a) Compensation for employees of the Legislature shall be established by the directors
    of the legislative offices in accordance with Section 36-12-7.
        (b) Compensation for employees of the judiciary shall be established by the state court
    administrator in accordance with Section 78-3-24.
        (c) Compensation for officers, faculty, and other employees of state universities and
    institutions of higher education shall be established as provided in Title 53B, Chapters 1 and 2.
        (d) Unless otherwise provided by law, compensation for all other Schedule A employees
    shall be established by their appointing authorities, within ranges approved by, and after consultation
    with the director of the Department of Human Resources.
        (5) All employees of the Office of State Auditor, the Office of State Treasurer, the Office
    of the Attorney General, excluding attorneys who are under their own career service system, and
    employees who are not exempt under this section are covered by the career service provisions of this
    chapter.
        Section 5. Section 67-19-15.7 is amended to read:
         67-19-15.7. Promotion -- Reclassification -- Voluntary acceptance of lower positions
     -- Market adjustment.
        (1) (a) Each employee who is promoted or whose position is reclassified to the next higher
    salary range shall be placed at the merit step within the new range corresponding to a salary increase
    of between 2.75% and 11%.
        (b) The employee may not be placed higher than the highest merit step in the new salary
    range.
        (2) Each employee who is promoted or whose position is reclassified to a salary range higher
    than the next higher range shall be placed at the merit step within the new range corresponding to

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    a salary increase of between 5.5% and 11%. The employee may not be placed lower than the lowest
    merit step in the new salary range.
        (3) Each employee who voluntarily accepts a position in the next lower salary range shall
    be placed at the merit step within the new range corresponding to a salary decrease of 2.75% or as
    close to 2.75% as possible. The employee may not be placed lower than the lowest merit step in the
    new salary range.
        (4) Each employee who voluntarily accepts a position in a salary range lower than the next
    lower range shall be placed at the merit step within the new range corresponding to a salary decrease
    of 5.5% or as close to 5.5% as possible. The employee may not be placed higher than the highest
    merit step in the new salary range.
        (5) (a) Each employee whose salary range is approved by the Legislature for a selective
    salary adjustment consistent with Subsection 67-19-12(4)(c)(viii) shall be adjusted to the new range
    at the beginning of the next fiscal year.
        (b) Employees shall be placed at the step value on the new range consistent with the
    appropriation authorized by the Legislature.
        (6) (a) Department-initiated revisions in the state classification system that result in
    consolidation or reduction of class titles or broadening of pay ranges may not be regarded as a
    reclassification of the position or promotion of the employee.
        (b) These revisions are exempt from the provisions of Subsections (1) and (2).
        Section 6. Section 67-19-16 is amended to read:
         67-19-16. Appointments to Schedule B positions -- Examinations -- Hiring lists --
     Probationary service -- Dismissal.
        (1) Each appointment to a position under Schedule B shall be made from [registers] hiring
    lists of applicants who have been selected by competitive procedures as defined by the director.
        (2) [(a)] The director shall publicly announce [vacancy notices for] information regarding
    career service positions:
        [(i)] (a) for periods of time to be determined by the director; and
        [(ii)] (b) in a manner designed to attract the highest number of qualified applicants.

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        [(b) The director shall ensure that vacancy notices for career service positions are publicly
    announced for at least five days.]
        (3) The director shall make rules establishing standards for the development, approval, and
    implementation of examining instruments.
        (4) [(a)] Applicants for employment to Schedule B positions shall be [certified from registers
    based upon procedures established in rules] eligible for appointment based upon rules established
    by the director.
        [(b) The director shall make rules establishing procedures for certifying applicants from
    registers.]
        (5) (a) The agency head shall make appointments to fill vacancies from [appropriate
    registers] hiring lists for probationary periods as defined by rule.
        (b) The director shall make rules establishing probationary periods.
        (6) A person serving a probationary period may not use the grievance procedures provided
    in this chapter and in Title 67, Chapter 19a, Grievance and Appeal Procedures, and may be dismissed
    at any time by the appointing officer without hearing or appeal.
        (7) Career service status shall be granted upon the successful completion of the probationary
    period.
        Section 7. Section 67-20-8 is amended to read:
         67-20-8. Volunteer experience credit.
        (1) State agencies shall designate positions for which approved volunteer experience satisfies
    the [minimum qualifications] job requirements for purposes of employment.
        (2) When evaluating applicants for those designated positions, state agencies shall consider
    documented approved volunteer experience in the same manner as similar paid employment.
        (3) The Department of Human Resource Management shall make statewide rules governing
    the:
        (a) designation of volunteer positions; and
        (b) a uniform process to document the approval, use, and hours worked by volunteers.
        Section 8. Repealer.

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        This act repeals:
        Section 67-19-40, State benefits for service members activated due to Operation Desert
     Shield and Operation Desert Storm.

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