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H.B. 291 Enrolled





Chief Sponsor: Brian S. King

Senate Sponsor: Ross I. Romero

             7      LONG TITLE
             8      General Description:
             9          This bill modifies a provision relating to county personnel rules.
             10      Highlighted Provisions:
             11          This bill:
             12          .    increases from 90 to 270 the number of days that county personnel rules are to
             13      provide as the maximum period for temporary, provisional, other noncareer service,
             14      and emergency appointments; and
             15          .    eliminates language allowing that period to be extended.
             16      Monies Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          17-33-5, as last amended by Laws of Utah 2008, Chapter 25
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 17-33-5 is amended to read:
             26           17-33-5. Office of personnel management -- Director -- Appointment and
             27      responsibilities -- Personnel rules.
             28          (1) (a) (i) Each county executive shall:
             29          (A) create an office of personnel management, administered by a director of personnel

             30      management; and
             31          (B) ensure that the director is a person with proven experience in personnel
             32      management.
             33          (ii) Except as provided in Subsection (1)(b), the position of director of personnel
             34      management shall be:
             35          (A) a merit position; and
             36          (B) filled as provided in Subsection (1)(a)(iii).
             37          (iii) Except as provided in Subsection (1)(b), the career service council shall:
             38          (A) advertise and recruit for the director position in the same manner as for merit
             39      positions;
             40          (B) select three names from a register; and
             41          (C) submit those names as recommendations to the county legislative body.
             42          (iv) Except as provided in Subsection (1)(b), the county legislative body shall select a
             43      person to serve as director of the office of personnel management from the names submitted to
             44      it by the career service council.
             45          (b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
             46      procedure under Subsections (1)(a)(ii), (iii), and (iv) and at the county executive's discretion,
             47      the county executive may appoint a director of personnel management with the advice and
             48      consent of the county legislative body.
             49          (ii) The position of each director of personnel management appointed under this
             50      Subsection (1)(b) shall be a merit exempt position.
             51          (iii) A director of personnel management appointed under this Subsection (1)(b) may
             52      be terminated by the county executive with the consent of the county legislative body.
             53          (2) The director of personnel management shall:
             54          (a) encourage and exercise leadership in the development of expertise in personnel
             55      administration within the several departments, offices, and agencies in the county service and
             56      make available the facilities of the office of personnel management to this end;
             57          (b) advise the county legislative and executive bodies on the use of human resources;

             58          (c) develop and implement programs for the improvement of employee effectiveness,
             59      such as training, safety, health, counseling, and welfare;
             60          (d) investigate periodically the operation and effect of this law and of the policies
             61      made under it and report findings and recommendations to the county legislative body;
             62          (e) establish and maintain records of all employees in the county service, setting forth
             63      as to each employee class, title, pay or status, and other relevant data;
             64          (f) make an annual report to the county legislative body and county executive
             65      regarding the work of the department; and
             66          (g) apply and carry out this law and the policies under it and perform any other lawful
             67      acts that are necessary to carry out the provisions of this law.
             68          (3) (a) (i) The director shall recommend personnel rules for the county.
             69          (ii) The county legislative body may:
             70          (A) recommend personnel rules for the county; and
             71          (B) approve, amend, or reject personnel rules before they are adopted.
             72          (b) The rules shall provide for:
             73          (i) recruiting efforts to be planned and carried out in a manner that assures open
             74      competition, with special emphasis to be placed on recruiting efforts to attract minorities,
             75      women, persons with a disability as defined by and covered under the Americans with
             76      Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially
             77      underrepresented in the county work force to help assure they will be among the candidates
             78      from whom appointments are made;
             79          (ii) the establishment of job related minimum requirements wherever practical, that all
             80      successful candidates shall be required to meet in order to be eligible for consideration for
             81      appointment or promotion;
             82          (iii) selection procedures that include consideration of the relative merit of each
             83      applicant for employment, a job related method of determining the eligibility or ineligibility of
             84      each applicant, and a valid, reliable, and objective system of ranking eligible applicants
             85      according to their qualifications and merit;

             86          (iv) certification procedures that insure equitable consideration of an appropriate
             87      number of the most qualified eligible applicants based on the ranking system;
             88          (v) appointments to positions in the career service by selection from the most qualified
             89      eligible applicants certified on eligible lists established in accordance with Subsections
             90      (3)(b)(iii) and (iv);
             91          (vi) noncompetitive appointments in the occasional instance where there is evidence
             92      that open or limited competition is not practical, such as for unskilled positions that have no
             93      minimum job requirements;
             94          (vii) limitation of competitions at the discretion of the director for appropriate
             95      positions to facilitate employment of qualified applicants with a substantial physical or mental
             96      impairment, or other groups protected by Title VII of the Civil Rights Act;
             97          (viii) permanent appointment for entry to the career service that shall be contingent
             98      upon satisfactory performance by the employee during a period of six months, with the
             99      probationary period extendable for a period not to exceed six months for good cause, but with
             100      the condition that the probationary employee may appeal directly to the council any undue
             101      prolongation of the period designed to thwart merit principles;
             102          (ix) temporary, provisional, or other noncareer service appointments, which may not
             103      be used as a way of defeating the purpose of the career service and may not exceed [90] 270
             104      days[, with the period extendable for a period not to exceed an additional 90 days for good
             105      cause];
             106          (x) lists of eligible applicants normally to be used, if available, for filling temporary
             107      positions, and short term emergency appointments to be made without regard to the other
             108      provisions of law to provide for maintenance of essential services in an emergency situation
             109      where normal procedures are not practical, these emergency appointments not to exceed [90]
             110      270 days[, with that period extendable for a period not to exceed an additional 90 days for
             111      good cause];
             112          (xi) promotion and career ladder advancement of employees to higher level positions
             113      and assurance that all persons promoted are qualified for the position;

             114          (xii) recognition of the equivalency of other merit processes by waiving, at the
             115      discretion of the director, the open competitive examination for placement in the career service
             116      positions of those who were originally selected through a competitive examination process in
             117      another governmental entity, the individual in those cases, to serve a probationary period;
             118          (xiii) preparation, maintenance, and revision of a position classification plan for all
             119      positions in the career service, based upon similarity of duties performed and responsibilities
             120      assumed, so that the same qualifications may reasonably be required for, and the same
             121      schedule of pay may be equitably applied to, all positions in the same class, the compensation
             122      plan, in order to maintain a high quality public work force, to take into account the
             123      responsibility and difficulty of the work, the comparative pay and benefits needed to compete
             124      in the labor market and to stay in proper alignment with other similar governmental units, and
             125      other factors;
             126          (xiv) keeping records of performance on all employees in the career service and
             127      requiring consideration of performance records in determining salary increases, any benefits
             128      for meritorious service, promotions, the order of layoffs and reinstatements, demotions,
             129      discharges, and transfers;
             130          (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
             131      abolition of positions, or material changes in duties or organization, and governing
             132      reemployment of persons so laid off, taking into account with regard to layoffs and
             133      reemployment the relative ability, seniority, and merit of each employee;
             134          (xvi) establishment of a plan for resolving employee grievances and complaints with
             135      final and binding decisions;
             136          (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
             137      grade, or discharge, measures to provide for presentation of charges, hearing rights, and
             138      appeals for all permanent employees in the career service to the career service council;
             139          (xviii) establishment of a procedure for employee development and improvement of
             140      poor performance;
             141          (xix) establishment of hours of work, holidays, and attendance requirements in various

             142      classes of positions in the career service;
             143          (xx) establishment and publicizing of fringe benefits such as insurance, retirement,
             144      and leave programs; and
             145          (xxi) any other requirements not inconsistent with this law that are proper for its
             146      enforcement.

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