S.B. 238 Enrolled

PERSONNEL MANAGEMENT ACT AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Terry R. Spencer
AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; OUTLINING PRINCIPLES
GOVERNING THE CAREER SERVICE SYSTEM; AMENDING PROVISIONS FOR
VOLUNTARY ACCEPTANCE OF LOWER POSITIONS AND DISMISSALS AND
DEMOTIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
67-19-15.7, as last amended by Chapter 213, Laws of Utah 1997
ENACTS:
67-19-3.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 67-19-3.1 is enacted to read:
67-19-3.1. Principles governing interpretation of act and adoption of rules.
(1) The department shall establish a career service system designed in a manner that will
provide for the effective implementation of the following merit principles:
(a) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(b) providing for equitable and competitive compensation;
(c) training employees as needed to assure high-quality performance;
(d) retaining employees on the basis of the adequacy of their performance and separating
employees whose inadequate performance cannot be corrected;
(e) fair treatment of applicants and employees in all aspects of personnel administration
without regard to race, color, religion, sex, national origin, political affiliation, age, or disability,
and with proper regard for their privacy and constitutional rights as citizens;
(f) providing information to employees regarding their political rights and the prohibited

practices under the Hatch Act; and
(g) providing a formal procedure for processing the appeals and grievances of employees
without discrimination, coercion, restraint, or reprisal.
(2) The principles in Subsection (1) shall govern interpretation and implementation of this
chapter.
Section 2. Section 67-19-15.7 is amended to read:
67-19-15.7. Promotion -- Reclassification -- 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) (a) 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 a salary increase of between 5.5% and 11%.
(b) 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)] (3) (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

- 2 -

appropriation authorized by the Legislature.
[(6)] (4) (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 3. Effective date.
This act takes effect on July 1, 2000.

- 3 -