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Second Substitute S.B. 82

Representative Gordon E. Snow proposes the following substitute bill:





Sponsor: Beverly Ann Evans

             6      This act modifies the County Personnel Management Act by raising the threshold for an
             7      optional exemption from the act from 130 to 200 employees. The act modifies the employee
             8      classification for the optional exemption. The act amends career service exemptions.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          17-33-1, as last amended by Chapter 241, Laws of Utah 2001
             12          17-33-8, as last amended by Chapter 241, Laws of Utah 2001
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 17-33-1 is amended to read:
             15           17-33-1. Title -- Establishment of merit system -- Separate systems for peace officers
             16      and firemen recognized -- Options of small counties.
             17          (1) This chapter shall be known and may be cited as the "County Personnel Management
             18      Act."
             19          (2) A merit system of personnel administration for the counties of the state of Utah, their
             20      departments, offices, and agencies, except as otherwise specifically provided, is established.
             21          (3) This chapter recognizes the existence of the merit systems for peace officers of the
             22      several counties as provided for in Chapter 30, Deputy Sheriffs - Merit System, and for firemen
             23      of the several counties as provided for in Chapter 28, Firemen's Civil Service Commission, and
             24      is intended to give county commissions the option of using the provisions of this chapter as a
             25      single merit system for all county employees or in combination with these existing systems for

             26      firemen and peace officers.
             27          (4) [This chapter is optional with counties having] On or after May 6, 2002, any county
             28      that has fewer than [130 full-time, part-time, and seasonal] 200 employees [and elected officials]
             29      not covered by other merit systems or not exempt under Subsections 17-33-8 (1) through (6) may,
             30      at its option comply with the provisions of this chapter.
             31          (5) Notwithstanding the provisions of Subsection (4), any county which was in compliance
             32      with the provisions of this chapter prior to May 6, 2002, shall continue to comply with the
             33      provisions of this chapter even though the county may not thereafter meet or exceed the threshold
             34      requirements of Subsection (4).
             35          Section 2. Section 17-33-8 is amended to read:
             36           17-33-8. Career service -- Exempt positions.
             37          The career service shall be a permanent service to which this law shall apply and shall
             38      comprise all tenured positions in the public service now existing or hereafter established, except
             39      the following:
             40          (1) The county executive, members of the county legislative body, other elected officials,
             41      and major department heads charged directly by the county legislative body, or by a board
             42      appointed by the county legislative body, with the responsibility of assisting in the formulation and
             43      carrying out of matters of policy; and if it is sought that any position which differs from its present
             44      status be exempted or tenured after the effective date of this act, a public hearing on the proposed
             45      exemption or tenure shall be held upon due notice and the concurrence of the council.
             46          (2) One confidential secretary for each elected county officer and major department head
             47      if one is assigned.
             48          (3) An administrative assistant to the county executive, each member of the county
             49      legislative body, and to each elected official, if one is assigned.
             50          (4) The duly appointed chief deputy of any elected county officer who would take over and
             51      discharge the duties of the elected county officer in the absence or disability of the originally
             52      responsible officer.
             53          (5) Persons employed to make or conduct a temporary and special inquiry, investigation,
             54      or examination on behalf of the county legislative body or one of its committees.
             55          (6) Noncareer employees compensated for their services on a seasonal or contractual basis
             56      who are hired on emergency or seasonal appointment basis, as approved by the council, and

             57      provisional [or part-time] employees as defined by the county's policies and procedures or its rules
             58      and regulations.
             59          (7) Part-time employees as defined by the county's policies and procedures or its rules and
             60      regulations.
             61          [(7)] (8) Positions which by their nature -- confidential or key policy-determining or both
             62      -- cannot or should not be appropriately included in the career service. All positions designated
             63      as being exempt under this subsection shall be listed in the rules and regulations promulgated
             64      under this act by job title and department, office or agency, and any change in exempt status shall
             65      constitute an amendment to the rules and regulations.

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