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H.B. 316
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8 LONG TITLE
9 General Description:
10 This bill modifies Title 67, State Officers and Employees, to move employees of the
11 Office of the Attorney General from career service and classified service provisions
12 under the Department of Human Resource Management to their own career service
13 system.
14 Highlighted Provisions:
15 This bill:
16 . expands the career service system now applicable to attorneys employed by the
17 Office of the Attorney General to include all employees employed by the Office of
18 the Attorney General;
19 . expands the exemption from classified service provisions under the Department of
20 Human Resource Management from attorneys employed in the Office of the
21 Attorney General to include all employees employed by the Office of the Attorney
22 General;
23 . expands the exemption from career service provisions under the Department of
24 Human Resource Management to all employees in the Office of the Attorney
25 General; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill takes effect on July 15, 2007.
31 Utah Code Sections Affected:
32 AMENDS:
33 67-5-7, as last amended by Chapter 139, Laws of Utah 2006
34 67-5-8, as last amended by Chapter 203, Laws of Utah 1985
35 67-5-9, as last amended by Chapter 139, Laws of Utah 2006
36 67-5-11, as last amended by Chapter 92, Laws of Utah 1987
37 67-5-12, as last amended by Chapter 139, Laws of Utah 2006
38 67-5-13, as last amended by Chapter 203, Laws of Utah 1985
39 67-19-12, as last amended by Chapter 139, Laws of Utah 2006
40 67-19-15, as last amended by Chapter 139, Laws of Utah 2006
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 67-5-7 is amended to read:
44 67-5-7. Establishment of career service system.
45 (1) The purpose of this chapter is to establish a career service system for [
46
47 [
48 service of the state.
49 (2) The Office of the Attorney General may adopt [
50 implement this chapter, including personnel and work [
51 [
52 Section 2. Section 67-5-8 is amended to read:
53 67-5-8. Eligibility for career service status.
54 (1) (a) The attorney general has sole authority to determine who may be employed with
55 the [
56 (b) An employee of the state or any of its departments or agencies has [
57 or right to a position in the attorney general's office by virtue of that employment.
58 (2) (a) An [
59 the Attorney General shall be placed in a career service status if:
60 [
61 of the Utah State Bar Association; and
62 [
63 employed by the [
64 probationary employee for a period of:
65 (A) at least one year but no more than [
66
67 (B) in the case of investigators, at least 18 months, but no more than two years.
68 (b) An employee now employed by the attorney general's office in career service may
69 not be terminated under this chapter except for cause.
70 (3) (a) The attorney general shall determine whether an [
71 granted career service status.
72 (b) If, at the end of the probationary period established under Subsection (2), the
73 attorney general determines that an [
74 the attorney general shall notify the [
75 copy of the notification in the [
76 (c) If the attorney general determines that career service status should not be granted,
77 the attorney general may either terminate the [
78 period for a period not to exceed one year.
79 (d) The attorney general shall notify the [
80 and place a copy of the notification in the [
81 (e) An [
82 this chapter.
83 (4) (a) [
84 upon attaining the age of 70 years. [
85 (b) Subject to the provisions of Section 49-11-504 , an attorney required to retire under
86 this section may be employed by the attorney general, after retirement, as a special assistant
87 [
88 (c) An attorney employed in [
89 (4)(b) is not in career service status and is subject to termination [
90
91 Section 67-5-12 .
92 Section 3. Section 67-5-9 is amended to read:
93 67-5-9. Reassignment of career status attorneys -- Additional compensation for
94 managerial assignments -- Employment of special assistant attorneys general --
95 Termination of attorneys -- Salary increases.
96 This chapter does not affect the authority of the attorney general to:
97 (1) assign and reassign [
98 his staff. The salary of an [
99 decreased by reason of reassignment; except that if the [
100 occupies the position of chief deputy attorney general, the salary may be reduced by not more
101 than 15% upon the assignment to a different position;
102 (2) develop[
103 a plan for additional compensation for career status [
104 managerial assignments within the office. The provisions of Subsection (1) notwithstanding,
105 the attorney general may discontinue any additional compensation if the [
106 no longer holds a managerial assignment. Additional compensation provided under this
107 section shall be determined by the attorney general pursuant to the plan developed by the
108 Office of the Attorney General. [
109 managerial assignment, and the attorney general decides to discontinue any additional
110 compensation, the reduction may not place the [
111 [
112 not been in a managerial position;
113 (3) employ special assistant attorneys general, who shall not be subject to this chapter,
114 to represent the state in particular lawsuits or to handle particular legal matters for the state;
115 (4) terminate the employment of any [
116 the Attorney General who is not in a career service status; or
117 (5) establish the salary or determine salary increases of any [
118 this chapter.
119 Section 4. Section 67-5-11 is amended to read:
120 67-5-11. Employee accepting appointment to state position exempt from merit
121 provisions -- Reinstatement in career status.
122 (1) An [
123 state government which is exempt from the merit provisions of Title 67, Chapter 19, Utah State
124 Personnel Management Act, shall notify the attorney general in writing. Upon termination of
125 the appointment, unless discharged for cause, the [
126 of reinstatement made to the attorney general within 30 days from the effective date of
127 termination from the appointment, shall be reinstated in a career status in the attorney general's
128 office at a salary not less than that which he was receiving at the time of his appointment, and
129 the time spent in the other position shall be credited toward seniority in the career service.
130 Reinstatement shall be made no later than 60 days after the written notification required by this
131 Subsection (1) or 60 days after the effective date of termination from the [
132 employee's appointive position, whichever is later. The position and assignment to which the
133 [
134 (2) (a) The Office of the Attorney General shall establish and maintain a separate
135 seniority list for each employee category which categories may include attorneys, investigators,
136 paralegals, secretaries, and others.
137 [
138 Office of the Attorney General with less seniority than an [
139 category entitled to be reinstated under this section holds his position subject to any
140 reinstatement provided by Subsection (1).
141 Section 5. Section 67-5-12 is amended to read:
142 67-5-12. Dismissal of career status employees -- Causes -- Procedure -- Retention
143 roster -- Reappointment register.
144 (1) (a) [
145 (i) to advance the good of public service;
146 (ii) where funds have expired or work no longer exists; or
147 [
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149 (iii) for any of the following causes or reasons:
150 (A) noncompliance with provisions in the Office of Attorney General policy manual, or
151 division policies, and, for attorneys, noncompliance with the Rules of Professional Conduct;
152 (B) work performance that is inefficient or incompetent;
153 (C) failure to maintain skills and adequate performance levels;
154 (D) insubordination or disloyalty to the orders of a superior;
155 (E) misfeasance, malfeasance, or nonfeasance;
156 (F) failure to advance the good of the public service, including conduct on or off duty
157 which demeans or harms the effectiveness or ability of the office to fulfill its mission or legal
158 obligations:
159 (G) conduct on or off duty which creates a conflict of interest with the employee's
160 public responsibilities or impact that employee's ability to perform his or her job assignments;
161 (H) any incident involving intimidation, physical harm, threats of physical harm
162 against coworkers, management, or the public;
163 (I) failure to meet the requirements of the position;
164 (J) dishonesty; or
165 (K) misconduct.
166 (b) [
167 national origin, religion, or political affiliation.
168 (2) Except in aggravated cases of misconduct, [
169 status may not be suspended, demoted, or dismissed without the following procedures:
170 (a) The attorney general or a designated representative shall notify the [
171 employee of the reasons for suspension, demotion, or dismissal.
172 (b) The [
173 considered by the attorney general or a designated representative.
174 (c) The [
175 general or [
176 (d) Following a hearing, an [
177 dismissed if the attorney general or a designated representative finds adequate reason.
178 (e) If the attorney general or a designated representative finds that retention of an
179 [
180 public interest, the [
181 hearings and a review by the Career Service Review Board.
182 (3) (a) An [
183 attorney general [
184 demote, or dismiss the employee may appeal the decision to the Career Service Review Board
185 or its hearing officers by following the procedures in Title 67, Chapter 19a, Grievance and
186 Appeal Procedures.
187 (b) Matters other than dismissal or demotion may be appealed to and reviewed by the
188 attorney general or a designated representative whose decision is final with no right of appeal
189 to the Career Service Review Board or its hearing officers.
190 (4) Disciplinary actions shall be supported by credible evidence, but the normal rules
191 of evidence in courts of law do not apply in hearings before the attorney general or a designated
192 representative or the Career Service Review Board or its hearing officers.
193 (5) (a) Reductions in force required by reinstatement of an [
194 Section 67-5-11 , inadequate funds, change of workload, or lack of work shall be governed by a
195 retention roster to be maintained by the [
196
197 (5).
198 (b) [
199 employees not in a career status shall be separated before any [
200 status.
201 (c) Retention points for each [
202 the [
203 in the Office of the Attorney General, including any military service fulfilled subsequent to the
204 [
205 (d) [
206 retention points, the [
207 (e) Those [
208 67-5-11 shall:
209 (i) have retention points determined as if they were working for the office; and
210 (ii) be separated in the order of the retention points as if they were working in the
211 Office of the Attorney General.
212 (f) An [
213 in force shall be:
214 (i) placed on a reappointment register kept by the [
215
216 (ii) offered reappointment to a position in the same category in the Office of the
217 Attorney General before any [
218 Section 6. Section 67-5-13 is amended to read:
219 67-5-13. Limitations on political activities by career status attorneys.
220 (1) [
221 state or federal officer in any partisan political party organization or in any statewide partisan
222 political campaign. The [
223 partisan political party organization at a county or inferior level or a delegate at a state or
224 national level.
225 (2) [
226 partisan political office, but upon application to the attorney general [
227 granted a leave of absence without pay but without loss of existing seniority to participate in a
228 partisan political campaign either as an officer or as a candidate. Time spent during the
229 political leave shall not be counted for seniority purposes as being in service. For the purposes
230 of this section, an [
231 primary elections have been held.
232 (3) [
233 during the hours of employment, nor may any person solicit political contributions from any
234 [
235 any manner impose assessments on them for political purposes; but nothing in this section shall
236 preclude voluntary contributions to a candidate or a political party.
237 (4) Partisan political activity shall not be a basis for employment, promotion,
238 demotion, or dismissal. Any violation of this section may lead to disciplinary action against
239 the [
240 as determined by the attorney general.
241 (5) This section shall not be construed to permit partisan political activity by any
242 [
243 political activity by the provisions of any federal act or the rules and regulations promulgated
244 under it.
245 Section 7. Section 67-19-12 is amended to read:
246 67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of the
247 executive director.
248 (1) (a) This section, and the rules adopted by the department to implement this section,
249 apply to each career and noncareer employee not specifically exempted under Subsection (2).
250 (b) If not exempted under Subsection (2), an employee is considered to be in classified
251 service.
252 (2) The following employees are exempt from this section:
253 (a) members of the Legislature and legislative employees;
254 (b) members of the judiciary and judicial employees;
255 (c) elected members of the executive branch and their direct staff who meet career
256 service exempt criteria as defined in Subsection 67-19-15 (1)(k);
257 (d) certificated employees of the State Board of Education;
258 (e) officers, faculty, and other employees of state institutions of higher education;
259 (f) employees in any position that is determined by statute to be exempt from this
260 Subsection (2);
261 (g) [
262 (h) department heads and other persons appointed by the governor pursuant to statute;
263 (i) employees of the Department of Community and Culture whose positions are
264 designated as executive/professional positions by the executive director of the Department of
265 Community and Culture with the concurrence of the executive director;
266 (j) employees of the Governor's Office of Economic Development whose positions are
267 designated as executive/professional positions by the director of the office; and
268 (k) employees of the Medical Education Council.
269 (3) (a) The executive director shall prepare, maintain, and revise a position
270 classification plan for each employee position not exempted under Subsection (2) to provide
271 equal pay for equal work.
272 (b) Classification of positions shall be based upon similarity of duties performed and
273 responsibilities assumed, so that the same job requirements and the same salary range may be
274 applied equitably to each position in the same class.
275 (c) The executive director shall allocate or reallocate the position of each employee in
276 classified service to one of the classes in the classification plan.
277 (d) (i) The department shall conduct periodic studies and desk audits to provide that the
278 classification plan remains reasonably current and reflects the duties and responsibilities
279 assigned to and performed by employees.
280 (ii) The executive director shall determine the schedule for studies and desk audits after
281 considering factors such as changes in duties and responsibilities of positions or agency
282 reorganizations.
283 (4) (a) With the approval of the governor, the executive director shall develop and
284 adopt pay plans for each position in classified service.
285 (b) The executive director shall design each pay plan to achieve, to the degree that
286 funds permit, comparability of state salary ranges to salary ranges used by private enterprise
287 and other public employment for similar work.
288 (c) The executive director shall adhere to the following in developing each pay plan:
289 (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
290 differential among the various classes of positions in the classification plan.
291 (ii) (A) The executive director shall assign each class of positions in the classification
292 plan to a salary range and shall set the width of the salary range to reflect the normal growth
293 and productivity potential of employees in that class.
294 (B) The width of the ranges need not be uniform for all classes of positions in the plan,
295 but each range shall contain merit steps in increments of 2.75% salary increases.
296 (iii) (A) The executive director shall issue rules for the administration of pay plans.
297 (B) The rules may provide for exceptional performance increases and for a program of
298 incentive awards for cost-saving suggestions and other commendable acts of employees.
299 (C) The executive director shall issue rules providing for salary adjustments.
300 (iv) Merit step increases shall be granted, if funds are available, to employees who
301 receive a rating of "successful" or higher in an annual evaluation of their productivity and
302 performance.
303 (v) By October 31 of each year, the executive director shall submit market
304 comparability adjustments to the director of the Governor's Office of Planning and Budget for
305 consideration to be included as part of the affected agency's base budgets.
306 (vi) By October 31 of each year, the executive director shall recommend a
307 compensation package to the governor.
308 (vii) (A) Adjustments shall incorporate the results of a total compensation market
309 survey of salary ranges and benefits of a reasonable cross section of comparable benchmark
310 positions in private and public employment in the state.
311 (B) The survey may also study comparable unusual positions requiring recruitment in
312 other states.
313 (C) The executive director may cooperate with other public and private employers in
314 conducting the survey.
315 (viii) (A) The executive director shall establish criteria to assure the adequacy and
316 accuracy of the survey and shall use methods and techniques similar to and consistent with
317 those used in private sector surveys.
318 (B) Except as provided under Section 67-19-12.3 , the survey shall include a reasonable
319 cross section of employers.
320 (C) The executive director may cooperate with or participate in any survey conducted
321 by other public and private employers.
322 (D) The executive director shall obtain information for the purpose of constructing the
323 survey from the Division of Workforce Information and Payment Services and shall include
324 employer name, number of persons employed by the employer, employer contact information
325 and job titles, county code, and salary if available.
326 (E) The department shall acquire and protect the needed records in compliance with the
327 provisions of Section 35A-4-312 .
328 (ix) The establishing of a salary range is a nondelegable activity and is not appealable
329 under the grievance procedures of Sections 67-19-30 through 67-19-32 , Title 67, Chapter 19a,
330 Grievance and Appeal Procedures, or otherwise.
331 (x) The governor shall:
332 (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
333 the executive budget and shall recommend the method of distributing the adjustments;
334 (B) submit compensation recommendations to the Legislature; and
335 (C) support the recommendation with schedules indicating the cost to individual
336 departments and the source of funds.
337 (xi) If funding is approved by the Legislature in a general appropriations act, the
338 adjustments take effect on the July 1 following the enactment.
339 (5) (a) The executive director shall regularly evaluate the total compensation program
340 of state employees in the classified service.
341 (b) The department shall determine if employee benefits are comparable to those
342 offered by other private and public employers using information from:
343 (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
344 Chamber of Commerce Research Center; or
345 (ii) the most recent edition of a nationally recognized benefits survey.
346 (6) (a) The executive director shall submit proposals for a state employee
347 compensation plan to the governor by October 31 of each year, setting forth findings and
348 recommendations affecting employee compensation.
349 (b) The governor shall consider the executive director's proposals in preparing budget
350 recommendations for the Legislature.
351 (c) The governor's budget proposals to the Legislature shall include a specific
352 recommendation on employee compensation.
353 Section 8. Section 67-19-15 is amended to read:
354 67-19-15. Career service -- Exempt positions -- Schedules for civil service
355 positions -- Coverage of career service provisions.
356 (1) Except as otherwise provided by law or by rules and regulations established for
357 federally aided programs, the following positions are exempt from the career service provisions
358 of this chapter:
359 (a) the governor, members of the Legislature, and all other elected state officers,
360 designated as Schedule AA;
361 (b) the agency heads enumerated in Section 67-22-2 , and commissioners designated as
362 Schedule AB;
363 (c) all employees and officers in the office and at the residence of the governor,
364 designated as Schedule AC;
365 (d) employees who are in a confidential relationship to an agency head or
366 commissioner and who report directly to, and are supervised by, a department head,
367 commissioner, or deputy director of an agency or its equivalent, designated as Schedule AD;
368 (e) unskilled employees in positions requiring little or no specialized skill or training,
369 designated as Schedule AE;
370 (f) part-time professional noncareer persons who are paid for any form of medical and
371 other professional service and who are not engaged in the performance of administrative duties,
372 designated as Schedule AF;
373 (g) [
374 General who are under their own career service pay plan under Sections 67-5-7 through
375 67-5-13 , designated as Schedule AG;
376 (h) teaching staff of all state institutions and patients and inmates employed in state
377 institutions, designated as Schedule AH;
378 (i) persons appointed to a position vacated by an employee who has a right to return
379 under federal or state law or policy, designated as Schedule AI;
380 (j) noncareer employees compensated for their services on a seasonal or contractual
381 basis who are hired for limited periods of less than nine consecutive months or who are
382 employed on less than 1/2 time basis, designated as Schedule AJ;
383 (k) those employees in a personal and confidential relationship to elected officials,
384 designated as Schedule AK;
385 (l) employees appointed to perform work of a limited duration not exceeding two years
386 or to perform work with time-limited funding, designated as Schedule AL;
387 (m) employees of the Department of Community and Culture whose positions are
388 designated as executive/professional positions by the executive director of the Department of
389 Community and Culture with the concurrence of the executive director, and employees of the
390 Governor's Office of Economic Development whose positions are designated as
391 executive/professional positions by the director of the office, designated as Schedule AM;
392 (n) employees of the Legislature, designated as Schedule AN;
393 (o) employees of the judiciary, designated as Schedule AO;
394 (p) all judges in the judiciary, designated as Schedule AP;
395 (q) members of state and local boards and councils appointed by the governor and
396 governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
397 faculty, and other employees of state universities and other state institutions of higher
398 education, designated as Schedule AQ;
399 (r) employees who make statewide policy, designated as Schedule AR;
400 (s) any other employee whose appointment is required by statute to be career service
401 exempt, designated as Schedule AS; and
402 (t) employees of the Department of Technology Services, designated as
403 executive/professional positions by the executive director of the Department of Technology
404 Services with the concurrence of the executive director, designated as Schedule AT.
405 (2) The civil service shall consist of two schedules as follows:
406 (a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
407 (ii) Removal from any appointive position under Schedule A, unless otherwise
408 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
409 (b) Schedule B is the competitive career service schedule, consisting of all positions
410 filled through competitive selection procedures as defined by the executive director.
411 (3) (a) The executive director, after consultation with the heads of concerned executive
412 branch departments and agencies and with the approval of the governor, shall allocate positions
413 to the appropriate schedules under this section.
414 (b) Agency heads shall make requests and obtain approval from the executive director
415 before changing the schedule assignment and tenure rights of any position.
416 (c) Unless the executive director's decision is reversed by the governor, when the
417 executive director denies an agency's request, the executive director's decision is final.
418 (4) (a) Compensation for employees of the Legislature shall be established by the
419 directors of the legislative offices in accordance with Section 36-12-7 .
420 (b) Compensation for employees of the judiciary shall be established by the state court
421 administrator in accordance with Section 78-3-24 .
422 (c) Compensation for officers, faculty, and other employees of state universities and
423 institutions of higher education shall be established as provided in Title 53B, Chapters 1,
424 Governance, Powers, Rights, and Responsibilities, and 2, Institutions of Higher Education.
425 (d) Unless otherwise provided by law, compensation for all other Schedule A
426 employees shall be established by their appointing authorities, within ranges approved by, and
427 after consultation with the executive director of the Department of Human Resource
428 Management.
429 (5) All employees of the Office of State Auditor, the Office of State Treasurer, [
430
431
432 service provisions of this chapter.
433 Section 9. Effective date.
434 This bill takes effect on July 15, 2007.
Legislative Review Note
as of 1-19-07 11:40 AM