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First Substitute S.B. 78
House Committee Amendments 2-21-2008 dd/rhr
This document includes House Committee Amendments incorporated into the bill on Thu, Feb 21, 2008 at 1:56 PM by ddonat. --> Senator Wayne L. Niederhauser proposes the following substitute bill:
This document includes House Committee Amendments incorporated into the bill on Thu, Feb 21, 2008 at 1:56 PM by ddonat. -->
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the County Personnel Management Act.
11 Highlighted Provisions:
12 This bill:
13 . adds an exception to tenured positions included within the career service system for
14 persons appointed by an elected county officer to H. be division directors, to .H administer
14a division functions in
15 furtherance of the performance of the elected officer's professional duties;
16 . clarifies that a person currently serving in a nonexempt position does not lose that
17 status because of the enactment of the provision adding an exception;
18 . requires elected county officers to work with the office of personnel management to
19 develop incentives to encourage certain nonexempt employees to convert
20 voluntarily to exempt status;
21 . authorizes county legislative bodies to recommend personnel rules for the county;
22 and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26
27 This bill coordinates with H.B. 235, County Merit System Amendments, by providing
28 which technical amendments supersede and by substantively and technically merging
29 the amendments contained in H.B. 235 with the amendments contained in this bill.
30 Utah Code Sections Affected:
31 AMENDS:
32 17-33-1, as last amended by Laws of Utah 2002, Chapter 83
33 17-33-5, as last amended by Laws of Utah 2006, Chapter 255
34 17-33-8, as last amended by Laws of Utah 2007, Chapter 211
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 17-33-1 is amended to read:
38 17-33-1. Title -- Establishment of merit system -- Separate systems for peace
39 officers and firemen recognized -- Options of small counties.
40 (1) This chapter shall be known and may be cited as the "County Personnel
41 Management Act."
42 (2) A merit system of personnel administration for the counties of the state of Utah,
43 their departments, offices, and agencies, except as otherwise specifically provided, is
44 established.
45 (3) This chapter recognizes the existence of the merit systems for peace officers of the
46 several counties as provided for in Chapter 30, Deputy Sheriffs - Merit System, and for firemen
47 of the several counties as provided for in Chapter 28, Firemen's Civil Service Commission, and
48 is intended to give county commissions the option of using the provisions of this chapter as a
49 single merit system for all county employees or in combination with these existing systems for
50 firemen and peace officers.
51 (4) On or after May 6, 2002, any county that has fewer than 200 employees not covered
52 by other merit systems or not exempt under Subsections 17-33-8 (1)(b)(i) through [
53 may, at its option, comply with the provisions of this chapter.
54 (5) Notwithstanding the provisions of Subsection (4), any county which was in
55 compliance with the provisions of this chapter prior to May 6, 2002, shall continue to comply
56 with the provisions of this chapter even though the county may not thereafter meet or exceed
57
58 Section 2. Section 17-33-5 is amended to read:
59 17-33-5. Office of personnel management -- Director -- Appointment and
60 responsibilities -- Personnel rules.
61 (1) (a) (i) Each county executive shall:
62 (A) create an office of personnel management, administered by a director of personnel
63 management; and
64 (B) ensure that the director is a person with proven experience in personnel
65 management.
66 (ii) Except as provided in Subsection (1)(b), the position of director of personnel
67 management shall be:
68 (A) a merit position; and
69 (B) filled as provided in Subsection (1) (a)(iii).
70 (iii) Except as provided in Subsection (1)(b), the career service council shall:
71 (A) advertise and recruit for the director position in the same manner as for merit
72 positions;
73 (B) select three names from a register; and
74 (C) submit those names as recommendations to the county legislative body.
75 (iv) Except as provided in Subsection (1)(b), the county legislative body shall select a
76 person to serve as director of the office of personnel management from the names submitted to
77 it by the career service council.
78 (b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
79 procedure under Subsections (1)(a)(ii), (iii), and (iv) and at the county executive's discretion,
80 the county executive may appoint a director of personnel management with the advice and
81 consent of the county legislative body.
82 (ii) The position of each director of personnel management appointed under this
83 Subsection (1)(b) shall be a merit exempt position.
84 (iii) A director of personnel management appointed under this Subsection (1)(b) may
85 be terminated by the county executive with the consent of the county legislative body.
86 (2) The director of personnel management shall:
87 (a) encourage and exercise leadership in the development of expertise in personnel
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89 make available the facilities of the office of personnel management to this end;
90 (b) advise the county legislative and executive bodies on the use of human resources;
91 (c) develop and implement programs for the improvement of employee effectiveness,
92 such as training, safety, health, counseling, and welfare;
93 (d) investigate periodically the operation and effect of this law and of the policies made
94 under it and report findings and recommendations to the county legislative body;
95 (e) establish and maintain records of all employees in the county service, setting forth
96 as to each employee class, title, pay or status, and other relevant data;
97 (f) make an annual report to the county legislative body and county executive regarding
98 the work of the department; and
99 (g) apply and carry out this law and the policies under it and perform any other lawful
100 acts that are necessary to carry out the provisions of this law.
101 (3) (a) (i) The director shall recommend personnel rules for the county.
102 (ii) The county legislative body may:
103 (A) recommend personnel rules for the county; and
104 (B) approve, amend, or reject [
105 (b) The rules shall provide for:
106 (i) recruiting efforts to be planned and carried out in a manner that assures open
107 competition, with special emphasis to be placed on recruiting efforts to attract minorities,
108 women, persons with a disability as defined by and covered under the Americans with
109 Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially
110 underrepresented in the county work force to help assure they will be among the candidates
111 from whom appointments are made;
112 (ii) the establishment of job related minimum requirements wherever practical, that all
113 successful candidates shall be required to meet in order to be eligible for consideration for
114 appointment or promotion;
115 (iii) selection procedures that include consideration of the relative merit of each
116 applicant for employment, a job related method of determining the eligibility or ineligibility of
117 each applicant, and a valid, reliable, and objective system of ranking eligible applicants
118 according to their qualifications and merit;
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120 number of the most qualified eligible applicants based on the ranking system;
121 (v) appointments to positions in the career service by selection from the most qualified
122 eligible applicants certified on eligible lists established in accordance with Subsections
123 (3)(b)(iii) and (iv);
124 (vi) noncompetitive appointments in the occasional instance where there is evidence
125 that open or limited competition is not practical, such as for unskilled positions that have no
126 minimum job requirements;
127 (vii) limitation of competitions at the discretion of the director for appropriate positions
128 to facilitate employment of qualified applicants with a substantial physical or mental
129 impairment, or other groups protected by Title VII of the Civil Rights Act;
130 (viii) permanent appointment for entry to the career service that shall be contingent
131 upon satisfactory performance by the employee during a period of six months, with the
132 probationary period extendable for a period not to exceed six months for good cause, but with
133 the condition that the probationary employee may appeal directly to the council any undue
134 prolongation of the period designed to thwart merit principles;
135 (ix) temporary, provisional, or other noncareer service appointments, which may not be
136 used as a way of defeating the purpose of the career service and may not exceed 90 days, with
137 the period extendable for a period not to exceed an additional 90 days for good cause;
138 (x) lists of eligible applicants normally to be used, if available, for filling temporary
139 positions, and short term emergency appointments to be made without regard to the other
140 provisions of law to provide for maintenance of essential services in an emergency situation
141 where normal procedures are not practical, these emergency appointments not to exceed 90
142 days, with that period extendable for a period not to exceed an additional 90 days for good
143 cause;
144 (xi) promotion and career ladder advancement of employees to higher level positions
145 and assurance that all persons promoted are qualified for the position;
146 (xii) recognition of the equivalency of other merit processes by waiving, at the
147 discretion of the director, the open competitive examination for placement in the career service
148 positions of those who were originally selected through a competitive examination process in
149 another governmental entity, the individual in those cases, to serve a probationary period;
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151 positions in the career service, based upon similarity of duties performed and responsibilities
152 assumed, so that the same qualifications may reasonably be required for, and the same schedule
153 of pay may be equitably applied to, all positions in the same class, the compensation plan, in
154 order to maintain a high quality public work force, to take into account the responsibility and
155 difficulty of the work, the comparative pay and benefits needed to compete in the labor market
156 and to stay in proper alignment with other similar governmental units, and other factors;
157 (xiv) keeping records of performance on all employees in the career service and
158 requiring consideration of performance records in determining salary increases, any benefits for
159 meritorious service, promotions, the order of layoffs and reinstatements, demotions, discharges,
160 and transfers;
161 (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
162 abolition of positions, or material changes in duties or organization, and governing
163 reemployment of persons so laid off, taking into account with regard to layoffs and
164 reemployment the relative ability, seniority, and merit of each employee;
165 (xvi) establishment of a plan for resolving employee grievances and complaints with
166 final and binding decisions;
167 (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
168 grade, or discharge, measures to provide for presentation of charges, hearing rights, and appeals
169 for all permanent employees in the career service to the career service council;
170 (xviii) establishment of a procedure for employee development and improvement of
171 poor performance;
172 (xix) establishment of hours of work, holidays, and attendance requirements in various
173 classes of positions in the career service;
174 (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
175 leave programs; and
176 (xxi) any other requirements not inconsistent with this law that are proper for its
177 enforcement.
178 Section 3. Section 17-33-8 is amended to read:
179 17-33-8. Career service -- Exempt positions.
180 (1) The career service [
House Committee Amendments 2-21-2008 dd/rhr
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(a) is a permanent service to which this [181
182
183 (b) comprises all tenured county positions in the public service [
184
185 [
186 (A) the county executive, members of the county legislative body, and other elected
187 officials[
188 (B) each major department [
189 body, or by a board appointed by the county legislative body, with the responsibility of
190 assisting [
191
192
193
194 [
195 department head, if [
196 [
197 county legislative body, and [
198 assigned[
199 [
200 [
201 the absence or disability of the [
202 (v) subject to Subsection (3), a person who is:
203 (A) appointed by an elected county officer H. to be a division director, .H to
203a administer division functions in
204 furtherance of the performance of the elected officer's professional duties;
205 (B) in a confidential relationship with the elected county officer; and
206 (C) not in a law enforcement rank position of captain or below;
207 [
208 inquiry, investigation, or examination on behalf of the county legislative body or one of its
209 committees[
210 [
211 (A) compensated for [
212
213 (B) hired on emergency or seasonal appointment basis, as approved by the council[
214
215 (viii) a provisional [
216 procedures or its rules and regulations[
217 [
218 policies and procedures or its rules and regulations[
219 [
220 [
221 [
222 [
223 policy-determining nature [
224 should not be appropriately included in the career service. [
225 (2) Before a position under Subsection (1)(b)(i) may be changed from its current status
226 to exempt or tenured, the career service council shall, after giving due notice, hold a public
227 hearing on the proposed change of status.
228 (3) (a) Subsection (1)(b)(v) may not be construed to cause a person serving as a
229 nonexempt employee on May 5, 2008 in a position described in that subsection from losing the
230 nonexempt status.
231 (b) The elected county officer in a supervisory position over an employee described in
232 Subsection (3)(a) shall work with the county's office of personnel management to develop
233 financial and other incentives to encourage a nonexempt employee to convert voluntarily to
234 exempt status.
235 (4) (a) Each position designated as being exempt under [
236 shall be listed in the rules and regulations promulgated under this [
237 (i) job title; and
238 (ii) department, office, or agency[
239 (b) A change in exempt status [
240 exempt under Subsection (1)(b)(xi) constitutes an amendment to the rules and regulations
241 promulgated under this chapter.
242 Section 4. Coordinating S.B. 78 with H.B. 235 -- Technically superseding
243
244 If this S.B. 78 and H.B. 235, County Merit System Amendments, both pass, it is the
245 intent of the Legislature that when the Office of Legislative Research and General Counsel
246 prepares the Utah Code database for publication:
247 (1) the amendments to Section 17-33-1 in this bill supersede the amendments to
248 Section 17-33-1 in H.B. 235; and
249 (2) the amendments in this bill to Section 17-33-8 be merged with the amendments in
250 H.B. 235 so that Section 17-33-8 reads:
251 "17-33-8. Career service -- Exempt positions.
252 (1) The career service [
253 (a) is a permanent service to which this [
254 applies; and
255 (b) comprises all tenured county positions in the public service [
256
257 (i) subject to Subsection (2):
258 [
259 elected officials[
260 (B) each major department [
261 body, or by a board appointed by the county legislative body, with the responsibility of
262 assisting [
263
264
265
266 [
267 department head, if [
268 [
269 county legislative body, and [
270 assigned[
271 [
272 [
273 the absence or disability of the [
House Committee Amendments 2-21-2008 dd/rhr
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(v) subject to Subsection (3), a person who is:274
275 (A) appointed by an elected county officer H. to be a division director, .H to
275a administer division functions in
276 furtherance of the performance of the elected officer's professional duties;
277 (B) in a confidential relationship with the elected county officer; and
278 (C) not in a law enforcement rank position of captain or below;
279 [
280 inquiry, investigation, or examination on behalf of the county legislative body or one of its
281 committees[
282 [
283 (A) compensated for [
284 [
285 (B) hired on emergency or seasonal appointment basis, as approved by the council[
286
287 (viii) each provisional [
288 procedures or its rules and regulations[
289 [
290 policies and procedures or its rules and regulations[
291 [
292 [
293 [
294 [
295 (xi) each position that, by its confidential or key policy-determining [
296 cannot or should not be appropriately included in the career service. [
297
298 (2) Before a position under Subsection (1)(b)(i) may be changed from its current status
299 to exempt or tenured, the career service council shall, after giving due notice, hold a public
300 hearing on the proposed change of status.
301 (3) (a) Subsection (1)(b)(v) may not be construed to cause a person serving as a
302 nonexempt employee on May 5, 2008 in a position described in that subsection to lose the
303 nonexempt status.
304 (b) The elected county officer in a supervisory position over an employee described in
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306 financial and other incentives to encourage a nonexempt employee to convert voluntarily to
307 exempt status.
308 (4) (a) Rules and regulations promulgated under this [
309 and department, office or agency, [
310 Subsection (1)(b)(xi).
311 (b) A change in exempt status [
312 exempt under Subsection (1)(b)(xi) constitutes an amendment to the rules and regulations
313 promulgated under this chapter."
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