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S.B. 140

             1     

COUNTY SERVICE PERSONNEL MANAGEMENT

             2     
AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: R. Mont Evans

             6      AN ACT RELATING TO COUNTIES; MODIFYING COUNTY PERSONNEL MANAGEMENT
             7      PROVISIONS; MODIFYING DEFINITIONS; MODIFYING THE RESPONSIBILITIES OF THE
             8      CAREER SERVICE COUNCIL; MODIFYING REQUIRED ELEMENTS OF COUNTY
             9      PERSONNEL RULES; MODIFYING DUTIES OF COUNTY AGENCIES, DEPARTMENTS,
             10      OR OFFICES; MODIFYING COMPENSATION OF CAREER SERVICE COUNCIL;
             11      AUTHORIZING THE COUNTY LEGISLATIVE BODY TO DETERMINE AND ADJUST
             12      RATE OF COMPENSATION; AND MAKING TECHNICAL CHANGES.
             13      This act affects sections of Utah Code Annotated 1953 as follows:
             14      AMENDS:
             15          17-33-2, as last amended by Chapters 12 and 146, Laws of Utah 1994
             16          17-33-4, as last amended by Chapter 146, Laws of Utah 1994
             17          17-33-5, as last amended by Chapter 146, Laws of Utah 1994
             18          17-33-7, as last amended by Chapter 275, Laws of Utah 1992
             19      Be it enacted by the Legislature of the state of Utah:
             20          Section 1. Section 17-33-2 is amended to read:
             21           17-33-2. Definitions.
             22          As used in this chapter:
             23          (1) "Career service position" means any position in the county service except those
             24      exempted under Section 17-33-8 .
             25          [(2) "Certification" means referral of names of the most qualified eligible applicants
             26      certified by the director of personnel management to the agency for appointment.]
             27          [(3)] (2) "Council" means the career service council, a three-member appeals and


             28      personnel advisory board.
             29          [(4)] (3) "Director" means the director of personnel management.
             30          [(5)] (4) "Eligible applicant" means any applicant that meets the job related minimum
             31      requirements established for a position in the career service.
             32          [(6)] (5) "Eligible list" means a list of eligible applicants ranked in order of relative
             33      knowledge, skill, ability and merit.
             34          [(7)] (6) "Exempt positions" means those positions which are not in the career service as
             35      specified in Section 17-33-8 .
             36          [(8)] (7) "Merit system" means a system of personnel administration based on the
             37      principles set forth in Section 17-33-3 .
             38          [(9)] (8) "Position classification" means a grouping of positions under the same title which
             39      are sufficiently similar to be compensated at the same salary range and to which the same tests of
             40      ability can be applied.
             41          [(10)] (9) "Provisional appointment" means an appointment to fill a position pending the
             42      establishment of a register for such position.
             43          Section 2. Section 17-33-4 is amended to read:
             44           17-33-4. Career service council -- Powers and duties -- Qualifications, appointment,
             45      terms, compensation.
             46          (1) (a) There shall be in each county establishing a system a three-member bipartisan
             47      career service council appointed by the county legislative body. The members of the council shall
             48      be persons in sympathy with the application of merit principles to public employment.
             49          (b) The council shall hear appeals not resolved at lower levels in the cases of career service
             50      employees S [ [ ] suspended, transferred, demoted, or dismissed as well in the cases of other
             50a      grievances
             51      not resolved by the grievance procedure at the division or departmental level . [
; it ]
             51a      regarding

             52      suspensions, demotions, promotions, dismissals, written warnings, written reprimands, violations
             53      of a personnel policy, issues regarding the equitable administration of compensation policies and
             54      practices, the equitable administration of benefits policies and practices, a reduction in force,
             55      discrimination and reprisal, transfers made for reprisal, resignation by absence, and violations of
             56      any other policies that protect employee rights, status, or privileges.
] s

             57          (c) The career service council:
             58          (i) may make an initial determination in each appeal whether the appeal is one of the types


             59      of matters under Subsection (1)(b) over which the council has jurisdiction;
             60          (ii) shall review written appeals in cases of applicants rejected for examination[;] and
             61      [shall] report final binding appeals decisions, in writing, to the county legislative body[.
             62      However]; and
             63          (iii) may not hear any other personnel matter.
             64          (d) Notwithstanding the other provisions of this Subsection (1), a right of appeal to the
             65      district court under the provisions of the Utah Rules of Civil Procedure shall not be abridged.
             66          (2) Each council member shall serve a term of three years to expire on June 30, three years
             67      after the date of his or her appointment, except that original appointees shall be chosen as follows:
             68      one member for a term expiring June 30, 1982; one member for a term expiring June 30, 1983; and
             69      one member for a term expiring June 30, 1984. Successors of original council members shall be
             70      chosen for three-year terms. An appointment to fill a vacancy on the council shall be for only the
             71      unexpired term of the appointee's successor. Each member of the board shall hold office until his
             72      successor is appointed and confirmed. A member of the council may be removed by the governing
             73      body for cause, after having been given a copy of the charges against him or her and an opportunity
             74      to be heard publicly on the charges before the county legislative body. Adequate annual
             75      appropriations shall be made available to enable the council effectively to carry out its duties under
             76      this law.
             77          (3) Members of the council shall be United States citizens and be actual and bona fide
             78      residents of the state of Utah and the county from which appointed for a period of not less than one
             79      year preceding the date of appointment and a member may not hold another government office or
             80      be employed by the county.
             81          (4) The council shall elect one of its members as chairperson, and two or more members
             82      of the council shall constitute a quorum necessary for carrying on the business and activity of the
             83      council.
             84          (5) The council shall have subpoena power to compel attendance of witnesses, and to
             85      authorize witness fees where it deems appropriate, to be paid at the same rate as in justice courts.
             86          (6) Council members shall receive compensation for each day or partial day they are in
             87      session at [the rate of $50] a per diem [for each day or part thereof they are in session; except that]
             88      rate determined by the county legislative body. The county legislative body may periodically
             89      adjust the compensation rate [may be adjusted periodically] for inflation [by the county legislative


             90      body].
             91          Section 3. Section 17-33-5 is amended to read:
             92           17-33-5. Office of personnel management -- Director -- Appointment and
             93      responsibilities -- Personnel rules.
             94          (1) (a) Each county legislative body shall:
             95          (i) create an office of personnel management, administered by a director of personnel
             96      management; and
             97          (ii) ensure that the director is a person with proven experience in personnel management.
             98          (b) (i) Beginning July 1, 1993, the county legislative body shall appoint a director of
             99      personnel management to serve a four-year term.
             100          (ii) At the expiration of any four-year term, the county legislative body may reappoint that
             101      director to another four-year term or may appoint a new director.
             102          (iii) If the position of director of personnel management becomes vacant for any reason
             103      before the four-year term expires, the county legislative body shall appoint a person to complete
             104      the unexpired term by following the procedures and requirements of this section.
             105          (c) The career service council shall:
             106          (i) advertise and recruit for the director position in the same manner as for merit positions;
             107          (ii) select three names from a register; and
             108          (iii) submit those names as recommendations to the county legislative body.
             109          (d) The county legislative body shall select a person to serve as director of the office of
             110      personnel management from the names submitted to it by the career service council.
             111          (2) The director of personnel management shall:
             112          (a) encourage and exercise leadership in the development of expertise in personnel
             113      administration within the several departments, offices, and agencies in the county service and make
             114      available the facilities of the office of personnel management to this end;
             115          (b) advise the county legislative and executive bodies on the use of human resources;
             116          (c) develop and implement programs for the improvement of employee effectiveness, such
             117      as training, safety, health, counseling, and welfare;
             118          (d) investigate periodically the operation and effect of this law and of the policies made
             119      under it and report findings and recommendations to the county legislative body;
             120          (e) establish and maintain records of all employees in the county service, setting forth as


             121      to each employee class, title, pay or status, and other relevant data;
             122          (f) make an annual report to the county legislative body regarding the work of the
             123      department; and
             124          (g) apply and carry out this law and the policies under it and perform any other lawful acts
             125      that are necessary to carry out the provisions of this law.
             126          (3) (a) (i) The director shall issue personnel rules for the county.
             127          (ii) The county legislative body may approve, amend, or reject those rules before they are
             128      implemented.
             129          (b) The rules shall provide for:
             130          (i) recruiting efforts to be planned and carried out in a manner that assures open
             131      competition, with special emphasis to be placed on recruiting efforts to attract minorities, women,
             132      handicapped, or other groups that are substantially underrepresented in the county work force to
             133      help assure they will be among the candidates from whom appointments are made;
             134          (ii) the establishment of job related minimum requirements wherever practical, which all
             135      successful candidates shall be required to meet in order to be eligible for consideration for
             136      appointment or promotion;
             137          (iii) selection procedures that include consideration of the relative merit of each applicant
             138      for employment, a job related method of determining the eligibility or ineligibility of each
             139      applicant, and a valid, reliable, and objective system of ranking eligibles according to their
             140      qualifications and merit;
             141          (iv) certification procedures that insure equitable consideration of an appropriate number
             142      of the most qualified eligibles based on the ranking system;
             143          (v) appointments to positions in the career service by selection from the most qualified
             144      eligibles certified on eligible lists established in accordance with Subsections (3)(b)(iii) and (iv);
             145          (vi) noncompetitive appointments in the occasional instance where there is evidence that
             146      open or limited competition is not practical, such as for unskilled positions for which there are no
             147      minimum job requirements;
             148          (vii) limitation of competitions at the discretion of the director for appropriate positions
             149      to facilitate employment of qualified applicants with a substantial physical or mental impairment,
             150      or other groups protected by Title VII of the Civil Rights Act;
             151          (viii) permanent appointment for entry to the career service which shall be contingent upon


             152      satisfactory performance by the employee during a period of six months, with the probationary
             153      period extendable for a period not to exceed six months for good cause, but with the condition that
             154      the probationary employee may appeal directly to the council any undue prolongation of the period
             155      designed to thwart merit principles;
             156          (ix) temporary, provisional, or other noncareer service appointments, which may not be
             157      used as a way of defeating the purpose of the career service and may not exceed 90 days, with the
             158      period extendable for a period not to exceed an additional 90 days for good cause;
             159          (x) lists of eligibles normally to be used, if available, for filling temporary positions, and
             160      short term emergency appointments to be made without regard to the other provisions of law to
             161      provide for maintenance of essential services in an emergency situation where normal procedures
             162      are not practical, these emergency appointments not to exceed 90 days, with that period extendable
             163      for a period not to exceed an additional 90 days for good cause;
             164          (xi) promotion and career ladder advancement of employees to higher level positions [in
             165      such a manner that eligible permanent career service employees are considered and it is adequately
             166      assured] and assurance that all persons promoted are qualified for the position;
             167          (xii) recognition of the equivalency of other merit processes by waiving, at the discretion
             168      of the director, the open competitive examination for placement in the career service positions who
             169      were originally selected through a competitive examination process in another governmental entity,
             170      the individual in those cases, to serve a probationary period;
             171          (xiii) preparation, maintenance, and revision of a position classification plan for all
             172      positions in the career service, based upon similarity of duties performed and responsibilities
             173      assumed, so that the same qualifications may reasonably be required for, and the same schedule
             174      of pay may be equitably applied to, all positions in the same class, the compensation plan, in order
             175      to maintain a high quality public work force, to take into account the responsibility and difficulty
             176      of the work, the comparative pay and benefits needed to compete in the labor market and to stay
             177      in proper alignment with other similar governmental units [in the state], and other factors;
             178          (xiv) keeping records of performance on all employees in the career service and requiring
             179      consideration of performance records in determining salary increases, any benefits for meritorious
             180      service, promotions, the order of layoffs and reinstatements, demotions, discharges, and transfers;
             181          (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
             182      abolition of positions, or material changes in duties or organization, and governing reemployment


             183      of persons so laid off, taking into account with regard to layoffs and reemployment the relative
             184      ability, seniority, and merit of each employee;
             185          (xvi) establishment of a plan for resolving employee grievances and complaints with final
             186      and binding decisions;
             187          (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
             188      grade, or discharge, such measures to provide for presentation of charges, hearing rights, and
             189      appeals for all permanent employees in the career service to the career service council;
             190          (xviii) establishment of a procedure for employee development and improvement of poor
             191      performance;
             192          (xix) establishment of hours of work, holidays, and attendance requirements in various
             193      classes of positions in the career service;
             194          (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
             195      leave programs; and
             196          (xxi) any other requirements not inconsistent with this law that are proper for its
             197      enforcement.
             198          Section 4. Section 17-33-7 is amended to read:
             199           17-33-7. Functions of county office of personnel management -- Personnel functions
             200      of county agencies, departments, or offices.
             201          (1) (a) The county office of personnel management shall perform the functions required
             202      by this Subsection (1).
             203          (b) The county executive, county legislative body, and county office of personnel
             204      management may not delegate those functions to a separate county agency, office, or department.
             205          (c) The county office of personnel management shall:
             206          (i) design and administer a county pay plan that includes salaries, wages, incentives,
             207      bonuses, leave, insurance, retirement, and other benefits;
             208          (ii) design and administer the county classification plan and grade allocation system,
             209      including final decisions on position classification and grade allocation;
             210          (iii) conduct position classification studies, including periodic desk audits, except that an
             211      agency, department, or office may submit classification recommendations to the county office of
             212      personnel management;
             213          (iv) maintain registers of publicly recruited applicants and certification of top-ranking


             214      eligible applicants;
             215          (v) monitor county agency, department, or office personnel practices to determine
             216      compliance with equal opportunity and affirmative action guidelines; and
             217          (vi) maintain central personnel records.
             218          (d) The county legislative body may approve, amend, or reject the pay plan.
             219          (2) County agencies, departments, or offices shall:
             220          (a) establish initial job descriptions;
             221          (b) recommend position classifications and grade allocations;
             222          (c) make final selections [from lists of certified eligibles] for appointments and promotions
             223      to vacant positions;
             224          (d) conduct performance evaluations;
             225          (e) discipline employees; and
             226          (f) perform other functions approved by the legislative body, and agreed to by the county
             227      agency, office, or department.




Legislative Review Note
    as of 2-10-99 10:12 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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