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H.B. 316

             1     

EXPANSION OF CAREER SERVICE TO THE

             2     
OFFICE OF ATTORNEY GENERAL

             3     
2007 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Rebecca D. Lockhart

             6     
Senate Sponsor: Curtis S. Bramble

             7     
             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 [attorneys
             46      employed by] employees of the Office of the Attorney General that will attract and retain
             47      [attorneys] employees of proven ability and experience who will devote their full time to the
             48      service of the state.
             49          (2) The Office of the Attorney General may adopt [rules] policies necessary to
             50      implement this chapter, including personnel and work [rules] policies different from those
             51      [promulgated] made by the Department of Human Resource Management.
             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 [attorney general's office. No attorney employed by] Office of the Attorney General.
             56          (b) An employee of the state or any of its departments or agencies has [any] no claim
             57      or right to a position in the attorney general's office by virtue of that employment.
             58          (2) (a) An [attorney employed by] employee of the [attorney general's office] Office of


             59      the Attorney General shall be placed in a career service status if:
             60          [(a)] (i) for an employee who is an attorney, the attorney is a member in good standing
             61      of the Utah State Bar Association; and
             62          [(b)] (ii) except as provided in Subsection (3), the [attorney] employee has been
             63      employed by the [attorney general's office] Office of the Attorney General as [an attorney for] a
             64      probationary employee for a period of:
             65          (A) at least one year but no more than [one year except as provided in Subsection (3),
             66      but in no event less than six months. No attorney] 18 months; or
             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 [attorney] employee should be
             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 [attorney] employee should be granted career service status,
             74      the attorney general shall notify the [attorney] employee in writing of that decision and place a
             75      copy of the notification in the [attorney's] employee's personnel file.
             76          (c) If the attorney general determines that career service status should not be granted,
             77      the attorney general may either terminate the [attorney] employee or extend the probationary
             78      period for a period not to exceed one year.
             79          (d) The attorney general shall notify the [attorney] employee in writing of that decision
             80      and place a copy of the notification in the [attorney's] employee's personnel file.
             81          (e) An [attorney] employee terminated under this section has no appeal rights under
             82      this chapter.
             83          (4) (a) [Attorneys] An attorney in career service status under this chapter shall retire
             84      upon attaining the age of 70 years. [Attorneys]
             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      [attorneys] attorney general. [Any]
             88          (c) An attorney employed in [this] the capacity or a special assistant under Subsection
             89      (4)(b) is not in career service status and is subject to termination [as any other attorney


             90      employed by the attorney general who is not in a career service status] in accordance with
             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 [attorneys] employees in a career status to different positions on
             98      his staff. The salary of an [attorney] employee reassigned to a different position shall not be
             99      decreased by reason of reassignment; except that if the [attorney] employee reassigned
             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[, with the assistance of the Department of Human Resource Management,]
             103      a plan for additional compensation for career status [attorneys] employees who accept
             104      managerial assignments within the office. The provisions of Subsection (1) notwithstanding,
             105      the attorney general may discontinue any additional compensation if the [attorney] employee
             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. [At such time as] If the [attorney] employee no longer holds a
             109      managerial assignment, and the attorney general decides to discontinue any additional
             110      compensation, the reduction may not place the [attorney] employee at a salary below where the
             111      [attorney] employee would be through normal salary increases if the [attorney] employee had
             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 [attorney employed by] employee of the Office of
             116      the Attorney General who is not in a career service status; or
             117          (5) establish the salary or determine salary increases of any [attorney] employee under
             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 [attorney] employee in a career status accepting appointment to a position in
             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 [attorney] employee, through written request
             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 [attorney's]
             132      employee's appointive position, whichever is later. The position and assignment to which the
             133      [attorney] employee shall return shall be determined by the attorney general.
             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          [(2)] (b) [Every attorney employed by] An employee of the [attorney general's office]
             138      Office of the Attorney General with less seniority than an [attorney] employee in the same
             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) [Attorneys] Employees in a career status may be dismissed only:
             145          (i) to advance the good of public service;
             146          (ii) where funds have expired or work no longer exists; or
             147          [(iii) for causes such as dishonesty, inefficiency, insubordination, disloyalty to the
             148      orders of a superior, misfeasance, malfeasance, or nonfeasance in office.]
             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) [Attorneys] Employees in career status may not be dismissed for reasons of race,
             167      national origin, religion, or political affiliation.
             168          (2) Except in aggravated cases of misconduct, [no attorney] an employee in a career
             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 [attorney]
             171      employee of the reasons for suspension, demotion, or dismissal.
             172          (b) The [attorney] employee shall have an opportunity to reply and have the reply
             173      considered by the attorney general or a designated representative.
             174          (c) The [attorney] employee shall have an opportunity to be heard by the attorney
             175      general or [his designated representatives] a designated representative.
             176          (d) Following a hearing, an [attorney] employee may be suspended, demoted, or
             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      [attorney] employee would endanger the peace and safety of others or pose a grave threat to the
             180      public interest, the [attorney] employee may be summarily suspended pending administrative
             181      hearings and a review by the Career Service Review Board.
             182          (3) (a) An [attorney] employee in a career status who is aggrieved by a decision of the


             183      attorney general [to either dismiss or demote] or a designated representative to suspend,
             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 [attorney] employee under
             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 [executive director of the Department of Human
             196      Resource Management] Office of the Attorney General and the requirements of this Subsection
             197      (5).
             198          (b) [Attorneys] Except attorney general executive or administrative appointees,
             199      employees not in a career status shall be separated before any [attorney] employee in a career
             200      status.
             201          (c) Retention points for each [attorney] employee in a career status shall be based on
             202      the [attorney's] employee's seniority in service [as an attorney] within each employee category
             203      in the Office of the Attorney General, including any military service fulfilled subsequent to the
             204      [attorney's] employee's original appointment.
             205          (d) [Attorneys] Employees in career status shall be separated in the order of their
             206      retention points, the [attorney] employee with the lowest points to be discharged first.
             207          (e) Those [attorneys] employees who are serving in other positions under Section
             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 [attorney] employee in a career status who is separated by reason of a reduction
             213      in force shall be:


             214          (i) placed on a reappointment register kept by the [executive director of the Department
             215      of Human Resource Management] Office of the Attorney General for one year; and
             216          (ii) offered reappointment to a position in the same category in the Office of the
             217      Attorney General before any [attorney] employee not having a career status is appointed.
             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) [No attorney] An employee in a career status may not, while in a pay status, be a
             221      state or federal officer in any partisan political party organization or in any statewide partisan
             222      political campaign. The [attorney] employee, however, may be an officer or delegate in a
             223      partisan political party organization at a county or inferior level or a delegate at a state or
             224      national level.
             225          (2) [No attorney] An employee in career status [shall] may not be a candidate for any
             226      partisan political office, but upon application to the attorney general [he] the employee shall be
             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 [attorney] employee is not [deemed] considered to be a candidate until the
             231      primary elections have been held.
             232          (3) [No attorney] An employee in career status may not engage in political activity
             233      during the hours of employment, nor may any person solicit political contributions from any
             234      [attorney] employee in career status during hours of employment or through state facilities or in
             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 [attorney] employee, which may consist of reprimand, suspension, demotion, or termination
             240      as determined by the attorney general.
             241          (5) This section shall not be construed to permit partisan political activity by any
             242      [attorney] employee in career status who is prevented or restricted from engaging in this
             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) [attorneys] employees in the Office of the Attorney General;
             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) [attorneys] employees in the [attorney general's office] Office of the Attorney
             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, [the
             430      Office of the Attorney General, excluding attorneys who are under their own career service


             431      system,] and employees who are not exempt under this section are covered by the career
             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


Office of Legislative Research and General Counsel


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