Download Zipped Enrolled WordPerfect HB0140.ZIP
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 140 Enrolled
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah State Personnel Management Act by amending state
11 employee compensation pay plan provisions and employee grievance procedures and
12 by replacing the Career Service Review Board.
13 Highlighted Provisions:
14 This bill:
15 . amends certain definitions;
16 . amends vacant position report provisions for the Department of Human Resource
17 Management's executive director;
18 . repeals a requirement that an agency obtain field office approval for appointments
19 to vacant positions;
20 . adds the attorney general or designee to the human resource management rate
22 . requires that costs incurred by the attorney general to defend state employee
23 grievances be submitted to the rate committee in the proposed fee schedule;
24 . repeals steps within pay ranges for state career service employees in the state
25 employee compensation plans;
26 . repeals provisions requiring the most recently earned sick leave to be used first;
27 . provides that continuing medical and life insurance benefits provided at the time of
29 . may not be suspended or deferred for future use; and
30 . continues in effect until exhausted;
31 . prohibits an employer participating in certain benefit programs from providing
32 certain benefits to a person reemployed after retirement;
33 . amends and consolidates classification schedules for state employees;
34 . amends provisions for salary increases based on employee longevity and
36 . replaces the Career Service Review Board with the Career Service Review Office
37 and provides that the office is the final administrative body to review certain
38 employee grievances;
39 . provides for the appointment, qualifications, powers, and duties of the
40 administrator of the office;
41 . provides that the administrator has rulemaking authority;
42 . amends employee grievance procedures;
43 . amends the burden of proof for certain grievances;
44 . prohibits an employee from making certain dispositive motions and certain motions
45 for discovery in a formal adjudicative proceeding on a grievance; and
46 . makes technical changes.
47 Monies Appropriated in this Bill:
49 Other Special Clauses:
50 This bill takes effect on July 1, 2010.
51 This bill provides revisor instructions.
52 This bill coordinates with H.B. 27, Per Diem and Travel Expense Modifications, by
53 providing superseding and substantive amendments.
54 Utah Code Sections Affected:
56 63I-2-267, as renumbered and amended by Laws of Utah 2008, Chapter 382
57 67-19-3, as last amended by Laws of Utah 2006, Chapter 139
58 67-19-3.1, as last amended by Laws of Utah 2006, Chapter 139
59 67-19-6, as last amended by Laws of Utah 2008, Chapter 382
60 67-19-6.1, as last amended by Laws of Utah 2006, Chapter 139
61 67-19-6.7, as last amended by Laws of Utah 2008, Chapter 382
62 67-19-11, as last amended by Laws of Utah 2009, Chapters 104 and 183
63 67-19-12, as last amended by Laws of Utah 2009, Chapter 294
64 67-19-12.2, as last amended by Laws of Utah 2006, Chapter 139
65 67-19-14, as last amended by Laws of Utah 2008, Chapter 382
66 67-19-14.2, as last amended by Laws of Utah 2007, Chapter 130
67 67-19-15, as last amended by Laws of Utah 2009, Chapter 294
68 67-19-15.6, as last amended by Laws of Utah 2006, Chapter 139
69 67-19-15.7, as last amended by Laws of Utah 2000, Chapter 322
70 67-19-16, as last amended by Laws of Utah 2006, Chapter 139
71 67-19-18, as last amended by Laws of Utah 2009, Chapter 9
72 67-19-30, as last amended by Laws of Utah 2008, Chapter 382
73 67-19a-101, as last amended by Laws of Utah 1991, Chapters 101 and 204
74 67-19a-201, as last amended by Laws of Utah 1996, Chapters 194 and 243
75 67-19a-203, as last amended by Laws of Utah 2008, Chapter 382
76 67-19a-204, as last amended by Laws of Utah 1995, Chapter 215
77 67-19a-301, as last amended by Laws of Utah 1991, Chapter 101
78 67-19a-302, as last amended by Laws of Utah 1991, Chapter 204
79 67-19a-303, as last amended by Laws of Utah 2006, Chapter 139
80 67-19a-401, as last amended by Laws of Utah 1999, Chapter 21
81 67-19a-402, as last amended by Laws of Utah 1991, Chapter 204
82 67-19a-403, as last amended by Laws of Utah 1991, Chapter 204
83 67-19a-404, as enacted by Laws of Utah 1989, Chapter 191
84 67-19a-406, as last amended by Laws of Utah 2006, Chapter 14
86 67-19a-101.5, Utah Code Annotated 1953
87 REPEALS AND REENACTS:
88 67-19a-202, as last amended by Laws of Utah 2008, Chapter 382
90 67-19a-407, as enacted by Laws of Utah 1989, Chapter 191
91 67-19a-408, as last amended by Laws of Utah 2009, Chapter 9
92 Utah Code Sections Affected by Coordination Clause:
93 67-19a-201, as last amended by Laws of Utah 1996, Chapters 194 and 243
95 Be it enacted by the Legislature of the state of Utah:
96 Section 1. Section 63I-2-267 is amended to read:
97 63I-2-267. Repeal dates -- Title 67.
98 Section 67-19a-101.5 is repealed July 1, 2011.
99 Section 2. Section 67-19-3 is amended to read:
100 67-19-3. Definitions.
101 As used in this chapter:
102 (1) "Agency" means any department or unit of Utah state government with authority to
103 employ personnel.
104 (2) "Career service" means positions under schedule B as defined in Section 67-19-15 .
105 (3) "Career service employee" means an employee who has successfully completed a
106 probationary period of service in a position covered by the career service.
107 (4) "Career service status" means status granted to employees who successfully
108 complete probationary periods for competitive career service positions.
109 (5) "Classified service" means those positions subject to the classification and
110 compensation provisions of Section 67-19-12 .
111 (6) "Controlled substance" means controlled substance as defined in Section 58-37-2 .
112 (7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
113 employee's current actual wage.
114 (b) "Demotion" does not mean:
115 (i) a nondisciplinary movement of an employee to another position without a reduction
116 in the current actual wage; or
117 (ii) a reclassification of an employee's position under the provisions of Subsection
118 67-19-12 (3) and rules made by the department.
119 (8) "Department" means the Department of Human Resource Management.
120 (9) "Disability" means a physical or mental disability as defined and protected under
121 the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
122 (10) "Employee" means any individual in a paid status covered by the career service or
123 classified service provisions of this chapter.
124 (11) "Examining instruments" means written or other types of proficiency tests.
125 (12) "Executive director," except where otherwise specified, means the executive
126 director of the Department of Human Resource Management.
127 (13) "Human resource function" means those duties and responsibilities specified:
128 (a) under Section 67-19-6 ;
129 (b) under rules of the department; and
130 (c) under other state or federal statute.
131 (14) "Market comparability adjustment" means a salary range adjustment determined
132 necessary through a market survey of salary ranges of a reasonable cross section of comparable
133 benchmark positions in private and public employment.
134 (15) "Probationary employee" means an employee serving a probationary period in a
135 career service position but who does not have career service status.
136 (16) "Probationary period" means that period of time determined by the department
137 that an employee serves in a career service position as part of the hiring process before career
138 service status is granted to the employee.
139 (17) "Probationary status" means the status of an employee between the employee's
140 hiring and the granting of career service status.
141 (18) "Temporary employee" means career service exempt employees on schedule [
143 (19) "Total compensation" means salaries and wages, bonuses, paid leave, group
144 insurance plans, retirement, and all other benefits offered to state employees as inducements to
145 work for the state.
146 Section 3. Section 67-19-3.1 is amended to read:
147 67-19-3.1. Principles guiding interpretation of chapter and adoption of rules.
148 (1) The department shall establish a career service system designed in a manner that
149 will provide for the effective implementation of the following merit principles:
150 (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
151 knowledge, and skills, including open consideration of qualified applicants for initial
153 (b) providing for equitable and competitive compensation;
154 (c) training employees as needed to assure high-quality performance;
155 (d) retaining employees on the basis of the adequacy of their performance and
156 separating employees whose inadequate performance cannot be corrected;
157 (e) fair treatment of applicants and employees in all aspects of human resource
158 administration without regard to race, color, religion, sex, national origin, political affiliation,
159 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
160 (f) providing information to employees regarding their political rights and the
161 prohibited practices under the Hatch Act; and
162 (g) providing a formal procedure for [
163 grievances of employees:
164 (i) without discrimination, coercion, restraint, or reprisal; and
165 (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
167 (2) The principles in Subsection (1) shall govern interpretation and implementation of
168 this chapter.
169 Section 4. Section 67-19-6 is amended to read:
170 67-19-6. Responsibilities of the executive director.
171 (1) The executive director shall:
172 (a) develop, implement, and administer a statewide program of human resource
173 management that will:
174 (i) aid in the efficient execution of public policy;
175 (ii) foster careers in public service for qualified employees; and
176 (iii) render assistance to state agencies in performing their missions;
177 (b) design and administer the state pay plan;
178 (c) design and administer the state classification system and procedures for
179 determining schedule assignments;
180 (d) design and administer the state recruitment and selection system;
181 (e) administer agency human resource practices and ensure compliance with federal
182 law, state law, and state human resource rules, including equal employment opportunity;
183 (f) consult with agencies on decisions concerning employee corrective action and
185 (g) maintain central personnel records;
186 (h) perform those functions necessary to implement this chapter unless otherwise
187 assigned or prohibited;
188 (i) perform duties assigned by the governor or statute;
189 (j) adopt rules for human resource management according to the procedures of Title
190 63G, Chapter 3, Utah Administrative Rulemaking Act;
191 (k) establish and maintain a management information system that will furnish the
192 governor, the Legislature, and agencies with current information on authorized positions,
193 payroll, and related matters concerning state human resources;
194 (l) conduct research and planning activities to:
195 (i) determine and prepare for future state human resource needs;
196 (ii) develop methods for improving public human resource management; and
197 (iii) propose needed policy changes to the governor;
198 (m) study the character, causes, and extent of discrimination in state employment and
199 develop plans for its elimination through programs consistent with federal and state laws
200 governing equal employment opportunity in employment;
201 (n) when requested by counties, municipalities, and other political subdivisions of the
202 state, provide technical service and advice on human resource management at a charge
203 determined by the executive director;
204 (o) establish compensation policies and procedures for early voluntary retirement;
205 (p) confer with the heads of other agencies about human resource policies and
207 (q) submit an annual report to the governor and the Legislature; and
208 (r) [
209 a vacant position report required under Subsection 63J-1-201 (2)(b)(v).
218 (2) (a) After consultation with the governor and the heads of other agencies, the
219 executive director shall establish and coordinate statewide training programs.
220 (b) The programs developed under this Subsection (2) shall have application to more
221 than one agency.
222 (c) The department may not establish training programs that train employees to
223 perform highly specialized or technical jobs and tasks.
224 (3) (a) (i) The department may collect fees for training as authorized by this
225 Subsection (3).
226 (ii) Training funded from General Fund appropriations shall be treated as a separate
227 program within the department budget.
228 (iii) All money received from fees under this section will be accounted for by the
229 department as a separate user driven training program.
230 (iv) The user training program includes the costs of developing, procuring, and
231 presenting training and development programs, and other associated costs for these programs.
232 (b) (i) Funds remaining at the end of the fiscal year in the user training program are
234 (ii) Each year, as part of the appropriations process, the Legislature shall review the
235 amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
236 the department to lapse a portion of the funds.
237 Section 5. Section 67-19-6.1 is amended to read:
238 67-19-6.1. Department field offices.
239 (1) The executive director of the Department of Human Resource Management may
240 establish a field office in an agency.
241 (2) The executive director may assign an employee of the department to act as field
242 office staff.
243 (3) The executive director and agency head shall sign an agreement, to be reviewed
244 annually, that specifies:
245 (a) the services to be provided by the department;
246 (b) the use of agency facilities and equipment by the field office;
247 (c) protocols to resolve discrepancies between agency practice and Department of
248 Human Resource Management policy; and
249 (d) any other issue necessary for the proper functioning of the field office.
250 (4) Unless otherwise provided for in the field office agreement, the agency shall:
257 Section 6. Section 67-19-6.7 is amended to read:
258 67-19-6.7. Overtime policies for state employees.
259 (1) As used in this section:
260 (a) "Accrued overtime hours" means:
261 (i) for nonexempt employees, overtime hours earned during a fiscal year that, at the
262 end of the fiscal year, have not been paid and have not been taken as time off by the
263 nonexempt state employee who accrued them; and
264 (ii) for exempt employees, overtime hours earned during an overtime year.
265 (b) "Appointed official" means:
266 (i) each department executive director and deputy director, each division director, and
267 each member of a board or commission; and
268 (ii) any other person employed by a department who is appointed by, or whose
269 appointment is required by law to be approved by, the governor and who:
270 (A) is paid a salary by the state; and
271 (B) who exercises managerial, policy-making, or advisory responsibility.
272 (c) "Department" means the Department of Administrative Services, the Department
273 of Corrections, the Department of Financial Institutions, the Department of Alcoholic
274 Beverage Control, the Insurance Department, the Public Service Commission, the Labor
275 Commission, the Department of Agriculture and Food, the Department of Human Services, the
276 State Board of Education, the Department of Natural Resources, the Department of
277 Technology Services, the Department of Transportation, the Department of Commerce, the
278 Department of Workforce Services, the State Tax Commission, the Department of Community
279 and Culture, the Department of Health, the National Guard, the Department of Environmental
280 Quality, the Department of Public Safety, the Department of Human Resource Management,
281 the Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the
282 Office of the Attorney General, merit employees in the Office of the State Treasurer, [
283 merit employees in the Office of the State Auditor, Department of Veterans' Affairs, and the
284 Board of Pardons and Parole.
285 (d) "Elected official" means any person who is an employee of the state because the
286 person was elected by the registered voters of Utah to a position in state government.
287 (e) "Exempt employee" means a state employee who is exempt as defined by the Fair
288 Labor Standards Act of 1978, 29 U.S.C. Section 201 et seq.
289 (f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Section 201 et seq.
290 (g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
291 Act of 1978, 29 U.S.C. Section 201 et seq., by which a nonexempt employee elects the form of
292 compensation the nonexempt employee will receive for overtime.
293 (h) "Nonexempt employee" means a state employee who is nonexempt as defined by
294 the Department of Human Resource Management applying FLSA requirements.
295 (i) "Overtime" means actual time worked in excess of the employee's defined work
297 (j) "Overtime year" means the year determined by a department under Subsection
298 (4)(b) at the end of which an exempt employee's accrued overtime lapses.
299 (k) [
300 (i) an appointed official [
301 (ii) an elected official[
302 (iii) a member of a board or commission who is paid only on a per diem or travel
303 expenses basis; or
304 (iv) employed on a contractual basis at the State Office of Education.
310 (l) "Uniform annual date" means the date when an exempt employee's accrued
311 overtime lapses.
312 (m) "Work period" means:
313 (i) for all nonexempt employees, except law enforcement and hospital employees, a
314 consecutive seven day 24 hour work period of 40 hours;
315 (ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
316 (iii) for nonexempt law enforcement and hospital employees, the period established by
317 each department by rule for those employees according to the requirements of the Fair Labor
318 Standards Act of 1978, 29 U.S.C. Section 201 et seq.
319 (2) Each department shall compensate each state employee who works overtime by
320 complying with the requirements of this section.
321 (3) (a) Each department shall negotiate and obtain a signed FLSA agreement from
322 each nonexempt employee.
323 (b) In the FLSA agreement, the nonexempt employee shall elect either to be
324 compensated for overtime by:
325 (i) taking time off work at the rate of one and one-half hour off for each overtime hour
326 worked; or
327 (ii) being paid for the overtime worked at the rate of one and one-half times the rate
328 per hour that the state employee receives for nonovertime work.
329 (c) Any nonexempt employee who elects to take time off under this Subsection (3)
330 shall be paid for any overtime worked in excess of the cap established by the Department of
331 Human Resource Management.
332 (d) Before working any overtime, each nonexempt employee shall obtain authorization
333 to work overtime from the employee's immediate supervisor.
334 (e) Each department shall:
335 (i) for employees who elect to be compensated with time off for overtime, allow
336 overtime earned during a fiscal year to be accumulated; and
337 (ii) for employees who elect to be paid for overtime worked, pay them for overtime
338 worked in the paycheck for the pay period in which the employee worked the overtime.
339 (f) If the department pays a nonexempt employee for overtime, the department shall
340 charge that payment to the department's budget.
341 (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
342 overtime hours for nonexempt employees and charge that total against the appropriate fund or
344 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
345 compensate exempt employees who work overtime by granting them time off at the rate of one
346 hour off for each hour of overtime worked.
347 (ii) The executive director of the Department of Human Resource Management may
348 grant limited exceptions to this requirement, where work circumstances dictate, by authorizing
349 a department to pay employees for overtime worked at the rate per hour that the employee
350 receives for nonovertime work, if the department has funds available.
351 (b) (i) Each department shall:
352 (A) establish in its written human resource policies a uniform annual date for each
353 division that is at the end of any pay period; and
354 (B) communicate the uniform annual date to its employees.
355 (ii) If any department fails to establish a uniform annual date as required by this
356 Subsection (4), the executive director of the Department of Human Resource Management, in
357 conjunction with the director of the Division of Finance, shall establish the date for that
359 (c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
360 benefit, and is not a vested right.
361 (ii) A court may not construe the overtime for exempt employees authorized by this
362 Subsection (4) as an entitlement, a benefit, or as a vested right.
363 (d) At the end of the overtime year, upon transfer to another department at any time,
364 and upon termination, retirement, or other situations where the employee will not return to
365 work before the end of the overtime year:
366 (i) any of an exempt employee's overtime that is more than the maximum established
367 by the Department of Human Resource Management rule lapses; and
368 (ii) unless authorized by the executive director of the Department of Human Resource
369 Management under Subsection (4)(a)(ii), a department may not compensate the exempt
370 employee for that lapsed overtime by paying the employee for the overtime or by granting the
371 employee time off for the lapsed overtime.
372 (e) Before working any overtime, each exempt employee shall obtain authorization to
373 work overtime from the exempt employee's immediate supervisor.
374 (f) If the department pays an exempt employee for overtime under authorization from
375 the executive director of the Department of Human Resource Management, the department
376 shall charge that payment to the department's budget in the pay period earned.
377 (5) The Department of Human Resource Management shall:
378 (a) ensure that the provisions of the FLSA and this section are implemented
379 throughout state government;
380 (b) determine, for each state employee, whether that employee is exempt, nonexempt,
381 law enforcement, or has some other status under the FLSA;
382 (c) in coordination with modifications to the systems operated by the Division of
383 Finance, make rules:
384 (i) establishing procedures for recording overtime worked that comply with FLSA
386 (ii) establishing requirements governing overtime worked while traveling and
387 procedures for recording that overtime that comply with FLSA requirements;
388 (iii) establishing requirements governing overtime worked if the employee is "on call"
389 and procedures for recording that overtime that comply with FLSA requirements;
390 (iv) establishing requirements governing overtime worked while an employee is being
391 trained and procedures for recording that overtime that comply with FLSA requirements;
392 (v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
393 employee may accrue before a department is required to pay the employee for the overtime
395 (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
396 exempt employee that do not lapse; and
397 (vii) establishing procedures for adjudicating appeals of any FLSA determinations
398 made by the Department of Human Resource Management as required by this section;
399 (d) monitor departments for compliance with the FLSA; and
400 (e) recommend to the Legislature and the governor any statutory changes necessary
401 because of federal government action.
402 (6) In coordination with the procedures for recording overtime worked established in
403 rule by the Department of Human Resource Management, the Division of Finance shall
404 modify its payroll and human resource systems to accommodate those procedures.
405 (a) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
406 Administrative Procedures Act, Section 67-19-31 , and Section 67-19a-301 , any employee who
407 is aggrieved by the FLSA designation made by the Department of Human Resource
408 Management as required by this section may appeal that determination to the executive
409 director of the Department of Human Resource Management by following the procedures and
410 requirements established in Department of Human Resource Management rule.
411 (b) Upon receipt of an appeal under this section, the executive director shall notify the
412 executive director of the employee's department that the appeal has been filed.
413 (c) If the employee is aggrieved by the decision of the executive director of the
414 Department of Human Resource Management, the employee shall appeal that determination to
415 the Department of Labor, Wage and Hour Division, according to the procedures and
416 requirements of federal law.
417 Section 7. Section 67-19-11 is amended to read:
418 67-19-11. Use of department facilities -- Field office facilities cost allocation --
419 Funding for department.
420 (1) (a) All officers and employees of the state and its political subdivisions shall allow
421 the department to use public buildings under their control, and furnish heat, light, and
422 furniture, for any examination, training, hearing, or investigation authorized by this chapter.
423 (b) The cost of the department's use of facilities shall be paid by the agency housing a
424 field office staff.
425 (2) The executive director shall:
426 (a) prepare an annual budget request for the department;
427 (b) submit the budget request to the governor and the Legislature; and
428 (c) [
429 department's internal service fund to an executive branch agency, the executive director shall:
430 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee
431 established under Subsection (3); and
432 (ii) obtain the approval of the Legislature as required under Section 63J-1-410 .
433 (3) (a) There is created a Rate Committee which shall consist of:
434 (i) the director of the Governor's Office of Planning and Budget, or a designee;
435 (ii) the executive directors of three state agencies that use services and pay rates to one
436 of the department internal service funds, or their designee, appointed by the governor for a
437 two-year term;
438 (iii) the director of the Division of Finance, or a designee; [
439 (iv) the executive director of the Department of Human Resource Management, or a
441 (v) the attorney general or designee.
442 (b) (i) The committee shall elect a chair from its members, except that the chair may
443 not be from an agency that receives payment of a rate set by the committee.
444 (ii) Members of the committee who are state government employees and who do not
445 receive salary, per diem, or expenses from their agency for their service on the committee shall
446 receive no compensation, benefits, per diem, or expenses for the members' service on the
448 (c) The Department of Human Resource Management shall provide staff services to
449 the committee.
450 (4) (a) The department shall submit to the committee a proposed rate and fee schedule
452 (i) human resource management services rendered[
453 (ii) costs incurred by the Office of the Attorney General in defending the state in a
454 grievance under review by the Career Service Review Office.
455 (b) The committee shall:
456 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public
457 Meetings Act;
458 (ii) review the proposed rate and fee schedules and may approve, increase, or decrease
459 the rate and fee;
460 (iii) recommend a proposed rate and fee schedule for the internal service fund to:
461 (A) the Governor's Office of Planning and Budget; and
462 (B) the legislative appropriations subcommittees that, in accordance with Section
463 63J-1-410 , approve the internal service fund rates, fees, and budget; and
464 (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
465 department begins a new service or introduces a new product between annual general sessions
466 of the Legislature.
467 (c) The committee may in accordance with Subsection 63J-1-410 (4) decrease a rate,
468 fee, or amount that has been approved by the Legislature.
469 Section 8. Section 67-19-12 is amended to read:
470 67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of
471 the executive director.
472 (1) (a) This section, and the rules adopted by the department to implement this section,
473 apply to each career and noncareer employee not specifically exempted under Subsection (2).
474 (b) If not exempted under Subsection (2), an employee is considered to be in classified
476 (2) The following employees are exempt from this section:
477 (a) members of the Legislature and legislative employees;
478 (b) members of the judiciary and judicial employees;
479 (c) elected members of the executive branch and [
481 Subsection 67-19-15 (1)[
482 (d) employees of the State Board of Education who are licensed by the State Board of
484 (e) officers, faculty, and other employees of state institutions of higher education;
485 (f) employees in [
486 from this Subsection (2);
487 (g) employees in the Office of the Attorney General;
488 (h) department heads and other persons appointed by the governor [
496 Subsection 67-19-15 (1)(l); [
498 (i) educators as defined by Section 53A-25b-102 [
500 (ii) educational interpreters as classified by the department; and
501 (k) temporary employees under schedule IN or TL as provided under Subsections
502 67-19-15 (1)(o) and (p).
503 (3) (a) The executive director shall prepare, maintain, and revise a position
504 classification plan for each employee position not exempted under Subsection (2) to provide
505 equal pay for equal work.
506 (b) Classification of positions shall be based upon similarity of duties performed and
507 responsibilities assumed, so that the same job requirements and the same salary range may be
508 applied equitably to each position in the same class.
509 (c) The executive director shall allocate or reallocate the position of each employee in
510 classified service to one of the classes in the classification plan.
511 (d) (i) The department shall conduct periodic studies and desk audits to provide that
512 the classification plan remains reasonably current and reflects the duties and responsibilities
513 assigned to and performed by employees.
514 (ii) The executive director shall determine the schedule for studies and desk audits
515 after considering factors such as changes in duties and responsibilities of positions or agency
517 (4) (a) With the approval of the governor, the executive director shall develop and
518 adopt pay plans for each position in classified service.
519 (b) The executive director shall design each pay plan to achieve, to the degree that
520 funds permit, comparability of state salary ranges to salary ranges used by private enterprise
521 and other public employment for similar work.
522 (c) The executive director shall adhere to the following in developing each pay plan:
523 (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
524 differential among the various classes of positions in the classification plan.
525 (ii) (A) The executive director shall assign each class of positions in the classification
526 plan to a salary range and shall set the width of the salary range to reflect the normal growth
527 and productivity potential of employees in that class.
528 (B) The width of the ranges need not be uniform for all classes of positions in the
530 (iii) (A) The executive director shall issue rules for the administration of pay plans.
531 (B) The rules may provide for exceptional performance increases and for a program of
532 incentive awards for cost-saving suggestions and other commendable acts of employees.
533 (C) The executive director shall issue rules providing for salary adjustments.
534 (iv) Merit [
535 consistent basis in accordance with appropriations made by the Legislature, to employees who
536 receive a rating of "successful" or higher in an annual evaluation of their productivity and
538 (v) By October 31 of each year, the executive director shall submit market
539 comparability adjustments to the director of the Governor's Office of Planning and Budget for
540 consideration to be included as part of the affected agency's base budgets.
541 (vi) By October 31 of each year, the executive director shall recommend a
542 compensation package to the governor.
543 (vii) (A) Adjustments shall incorporate the results of a total compensation market
544 survey of salary ranges and benefits of a reasonable cross section of comparable benchmark
545 positions in private and public employment in the state.
546 (B) The survey may also study comparable unusual positions requiring recruitment in
547 other states.
548 (C) The executive director may cooperate with other public and private employers in
549 conducting the survey.
550 (viii) (A) The executive director shall establish criteria to assure the adequacy and
551 accuracy of the survey and shall use methods and techniques similar to and consistent with
552 those used in private sector surveys.
553 (B) Except as provided under [
554 survey shall include a reasonable cross section of employers.
555 (C) The executive director may cooperate with or participate in any survey conducted
556 by other public and private employers.
557 (D) The executive director shall obtain information for the purpose of constructing the
558 survey from the Division of Workforce Information and Payment Services and shall include
559 employer name, number of persons employed by the employer, employer contact information
560 and job titles, county code, and salary if available.
561 (E) The department shall acquire and protect the needed records in compliance with
562 the provisions of Section 35A-4-312 .
563 (ix) The establishing of a salary range is a nondelegable activity and is not appealable
564 under the grievance procedures of Sections 67-19-30 through 67-19-32 , [
565 19a, Grievance [
566 (x) The governor shall:
567 (A) consider salary adjustments recommended under Subsection (4)(c)(vi) in
568 preparing the executive budget and shall recommend the method of distributing the
570 (B) submit compensation recommendations to the Legislature; and
571 (C) support the recommendation with schedules indicating the cost to individual
572 departments and the source of funds.
573 (xi) If funding is approved by the Legislature in a general appropriations act, the
574 adjustments take effect on the July 1 following the enactment.
575 (5) (a) The executive director shall regularly evaluate the total compensation program
576 of state employees in the classified service.
577 (b) The department shall determine if employee benefits are comparable to those
578 offered by other private and public employers using information from:
579 (i) the most recent edition of the Employee Benefits Survey Data conducted by the
580 U.S. Chamber of Commerce Research Center; or
581 (ii) the most recent edition of a nationally recognized benefits survey.
582 (6) (a) The executive director shall submit proposals for a state employee
583 compensation plan to the governor by October 31 of each year, setting forth findings and
584 recommendations affecting employee compensation.
585 (b) The governor shall consider the executive director's proposals in preparing budget
586 recommendations for the Legislature.
587 (c) The governor's budget proposals to the Legislature shall include a specific
588 recommendation on employee compensation.
589 Section 9. Section 67-19-12.2 is amended to read:
590 67-19-12.2. Education benefit plan for law enforcement and correctional
592 (1) As used in this section, "law enforcement officer" has the same meaning as in
593 Section 53-13-103 and "correctional officer" has the same meaning as in Section 53-13-104 .
594 (2) The executive director shall establish a plan authorizing any agency to implement
595 an educational compensation program for law enforcement officers and correctional officers
596 employed by that agency.
597 (3) The program shall provide that in order for a law enforcement officer or
598 correctional officer to qualify for education benefits for college or university education, the
599 law enforcement officer or correctional officer shall:
600 (a) provide a certified transcript of grades, demonstrating a grade point average of 3.0
601 or greater, from an accredited college or university; and
602 (b) have successfully completed the probationary employment period with the
603 employing agency.
604 (4) The program shall also provide that the agency may consider a law enforcement
605 officer or correctional officer to receive additional compensation as follows for higher
606 education degrees earned on or after April 30, 2001, in a subject area directly related to the
607 law enforcement officer's or correctional officer's employment with the agency:
608 (a) [
609 (b) [
610 (c) [
611 (5) Expenses incurred by an agency to provide additional compensation under this
612 section may be only from the agency's existing budget.
613 Section 10. Section 67-19-14 is amended to read:
614 67-19-14. Sick leave -- Definitions -- Unused sick days retirement programs --
616 (1) As used in [
617 (a) "Continuing medical and life insurance benefits" means the state provided policy
618 of medical insurance and the state provided portion of a policy of life insurance, each offered
619 at the same:
620 (i) benefit level and the same proportion of state/member participation in the total
621 premium costs as an active member as defined in Section 49-11-102 ; and
622 (ii) coverage level for a member, two person, or family policy as provided to the
623 member at the time of retirement.
624 (b) "Converted sick leave" means leave that has been converted from unused sick
625 leave in accordance with Section 67-19-14.1 which may be used by an employee in the same
626 manner as:
627 (i) annual leave;
628 (ii) sick leave; or
629 (iii) unused accumulated sick leave after the employee's retirement for the purchase of
630 continuing medical and life insurance benefits under Sections 67-19-14.2 , 67-19-14.3 , and
631 67-19-14.4 .
632 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
633 the executive director shall make rules for the procedures to implement the provisions of
639 for employee sick leave and converted sick leave as necessary to implement the provisions of
641 Section 11. Section 67-19-14.2 is amended to read:
642 67-19-14.2. Unused Sick Leave Retirement Option Program -- Creation --
643 Payout upon eligibility for allowance -- Continuing medical and life insurance benefits
644 after retirement.
645 (1) (a) There is created the "Unused Sick Leave Retirement Option Program I."
646 (b) An agency may offer the Unused Sick Leave Retirement Option Program I to an
647 employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
648 State Retirement and Insurance Benefit Act.
649 (2) The Unused Sick Leave Retirement Option Program I provides that upon
650 becoming eligible to receive a retirement allowance an employee who was employed by the
651 state prior to January 1, 2006:
652 (a) receives a contribution under Subsection (3) for 25% of the employee's unused
653 accumulated sick leave accrued prior to January 1, 2006, at the employee's rate of pay at the
654 time of retirement;
655 (b) receives continuing medical and life insurance benefits until the earlier of:
656 (i) the date the employee reaches the age eligible for Medicare; or
657 (ii) up to the following number of years:
658 (A) five years if the employee retires during calendar year 2006;
659 (B) four years if the employee retires during calendar year 2007;
660 (C) three years if the employee retires during calendar year 2008;
661 (D) two years if the employee retires during calendar year 2009;
662 (E) one year if the employee retires during calendar year 2010; or
663 (F) zero years if the employee retires after calendar year 2010; and
664 (c) may purchase additional continuing medical and life insurance benefits in
665 accordance with Subsection (4).
666 (3) (a) Subject to federal requirements and limitations, the contribution under
667 Subsection (2)(a) shall be transferred directly to the employee's defined contribution plan
668 qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
669 State Retirement Board.
670 (b) If the amount calculated under Subsection (2)(a) exceeds the federal contribution
671 limitations, the employee's unused accumulated sick leave hours representing the excess shall
672 be used for the purchase of continuing medical and life insurance benefits under Subsection
674 (4) (a) An employee may purchase continuing medical and life insurance benefits, at
675 the rate of one month's coverage per policy for eight hours of unused sick leave remaining
677 (i) the contribution of unused sick leave under Subsection (2)(a); and
678 (ii) an additional reduction, at the time of retirement, of unused sick leave hours as
680 (A) 480 hours if the employee retires during calendar year 2006;
681 (B) 384 hours if the employee retires during calendar year 2007;
682 (C) 288 hours if the employee retires during calendar year 2008;
683 (D) 192 hours if the employee retires during calendar year 2009;
684 (E) 96 hours if the employee retires during calendar year 2010; or
685 (F) 0 hours if the employee retires after calendar year 2010.
686 (b) The medical coverage level for member, two person, or family coverage that is
687 provided to the member at the time of retirement is the maximum coverage level available to
688 the member under this program.
689 (c) The purchase of continuing medical and life insurance benefits at the rate provided
690 under Subsection (4)(a) may be used by the employee to extend coverage:
691 (i) beyond the number of years provided under Subsection (2) until the employee
692 reaches the age of eligibility for Medicare; or
693 (ii) if the employee has reached the age of eligibility for Medicare, continuing medical
694 benefits for the employee's spouse may be purchased until the employee's spouse reaches the
695 age of eligibility for Medicare.
696 (d) An employee and the employee's spouse who are or who later become eligible for
697 Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage
698 for eight hours of the employee's unused sick leave per person.
699 (5) (a) The continuing medical and life insurance benefits received under Subsection
700 (2)(b) or purchased by an employee under Subsection (4):
701 (i) may not be suspended or deferred for future use; and
702 (ii) continues in effect until exhausted.
703 (b) An employer participating in the Program I benefits under this section may not
704 provide medical or life insurance benefits to a person who is:
705 (i) reemployeed after retirement; and
706 (ii) receiving benefits under this section.
707 Section 12. Section 67-19-15 is amended to read:
708 67-19-15. Career service -- Exempt positions -- Schedules for civil service
709 positions -- Coverage of career service provisions.
710 (1) Except as otherwise provided by law or by rules and regulations established for
711 federally aided programs, the following positions are exempt from the career service
712 provisions of this chapter and are designated under the following schedules:
713 (a) schedule AA includes the governor, members of the Legislature, and all other
714 elected state officers[
715 (b) schedule AB includes appointed executives and board or commission executives
716 enumerated in Section 67-22-2 [
717 (c) schedule AC includes all employees and officers in:
718 (i) the office and at the residence of the governor[
719 (ii) the Utah Science Technology and Research Initiative (USTAR);
720 (iii) the Public Lands Policy Coordinating Council;
721 (iv) the Office of the State Auditor; and
722 (v) the Office of the State Treasurer;
723 (d) schedule AD includes employees who:
724 (i) are in a confidential relationship to an agency head or commissioner; and [
725 (ii) report directly to, and are supervised by, a department head, commissioner, or
726 deputy director of an agency or its equivalent[
733 are under their own career service pay plan under Sections 67-5-7 through 67-5-13 [
736 (i) teaching staff of all state institutions[
737 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
738 (A) educational interpreters as classified by the department; or
739 (B) educators as defined by Section 53A-25b-102 [
761 (i) members of state and local boards and councils appointed by the governor and
762 governing bodies of agencies[
763 (ii) other local officials serving in an ex officio capacity[
764 (iii) officers, faculty, and other employees of state universities and other state
765 institutions of higher education[
768 (i) for determining policy;
769 (ii) for determining the way in which a policy is carried out; or
770 (iii) of a type not appropriate for career service, as determined by the agency head with
771 the concurrence of the executive director;
773 (i) whose appointment is required by statute to be career service exempt[
775 (ii) whose agency is not subject to this chapter; or
776 (iii) whose agency has authority to make rules regarding the performance,
777 compensation, and bonuses for its employees;
779 designated as executive/professional positions by the executive director of the Department of
780 Technology Services with the concurrence of the executive director[
784 (o) schedule IN includes employees who are:
785 (i) hired to work part time on an indefinite basis; and
786 (ii) considered to be temporary noncareer employees; and
787 (p) schedule TL includes employees who are:
788 (i) hired to work on a time-limited basis; and
789 (ii) considered to be temporary noncareer employees.
790 (2) The civil service shall consist of two schedules as follows:
791 (a) (i) Schedule A is the schedule consisting of positions [
792 Subsection (1).
793 (ii) Removal from any appointive position under schedule A, unless otherwise
794 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
795 (b) Schedule B is the competitive career service schedule, consisting of all positions
796 filled through competitive selection procedures as defined by the executive director.
797 (3) (a) The executive director, after consultation with the heads of concerned executive
798 branch departments and agencies and with the approval of the governor, shall allocate
799 positions to the appropriate schedules under this section.
800 (b) Agency heads shall make requests and obtain approval from the executive director
801 before changing the schedule assignment and tenure rights of any position.
802 (c) Unless the executive director's decision is reversed by the governor, when the
803 executive director denies an agency's request, the executive director's decision is final.
804 (4) (a) Compensation for employees of the Legislature shall be established by the
805 directors of the legislative offices in accordance with Section 36-12-7 .
806 (b) Compensation for employees of the judiciary shall be established by the state court
807 administrator in accordance with Section 78A-2-107 .
808 (c) Compensation for officers, faculty, and other employees of state universities and
809 institutions of higher education shall be established as provided in Title 53B, Chapters 1,
810 Governance, Powers, Rights, and Responsibilities, and 2, Institutions of Higher Education.
811 (d) Unless otherwise provided by law, compensation for all other schedule A
812 employees shall be established by their appointing authorities, within ranges approved by, and
813 after consultation with the executive director of the Department of Human Resource
818 (5) An employee who is in a position designated schedule AC and who holds career
819 service status on June 30, 2010, shall retain the career service status if the employee:
820 (a) remains in the position that the employee is in on June 30, 2010; and
821 (b) does not elect to convert to career service exempt status in accordance with a rule
822 made by the department.
823 Section 13. Section 67-19-15.6 is amended to read:
824 67-19-15.6. Longevity salary increases.
825 (1) Except for those employees [
827 under Section 67-19-15, an employee shall receive an increase in salary of 2.75% if that
829 (a) holds a position under schedule A or B as [
830 67-19-15 ;
831 (b) has reached the [
833 (c) has been employed with the state for eight years; and
834 (d) is rated eligible in job performance under guidelines established by the executive
836 (2) Any employee who meets the criteria [
837 to the same increase in salary for each additional three years of employment [
838 employee maintains the eligibility standards established by the department.
839 Section 14. Section 67-19-15.7 is amended to read:
840 67-19-15.7. Promotion -- Reclassification -- Market adjustment.
841 (1) (a) [
842 position is reclassified to [
844 range maximum, the agency shall place the employee within the new range of the position.
845 (b) [
846 (i) higher than the [
847 (ii) lower than the minimum in the new salary range of the position.
848 (c) Except for an employee under schedule IN or TL under Section 67-19-15 , the
849 agency shall grant a salary increase of at least 5% to an employee who is promoted.
856 salary range is approved by the Legislature for a [
857 adjustment consistent with Subsection 67-19-12 (4)(c)[
859 (a) at the beginning of the next fiscal year[
860 (b) [
863 in consolidation or reduction of class titles or broadening of pay ranges:
864 (a) may not be regarded as a reclassification of the position or promotion of the
866 (b) are exempt from the provisions of Subsection (1).
868 Section 15. Section 67-19-16 is amended to read:
869 67-19-16. Appointments to schedule B positions -- Examinations -- Hiring lists --
870 Probationary service -- Dismissal.
871 (1) Each appointment to a position under schedule B shall be made from hiring lists of
872 applicants who have been selected by competitive procedures as defined by the executive
874 (2) The executive director shall publicly announce information regarding career
875 service positions:
876 (a) for periods of time to be determined by the executive director; and
877 (b) in a manner designed to attract the highest number of qualified applicants.
878 (3) The executive director shall make rules establishing standards for the development,
879 approval, and implementation of examining instruments.
880 (4) Applicants for employment to schedule B positions shall be eligible for
881 appointment based upon rules established by the executive director.
882 (5) (a) The agency head shall make appointments to fill vacancies from hiring lists for
883 probationary periods as defined by rule.
884 (b) The executive director shall make rules establishing probationary periods.
885 (6) A person serving a probationary period may not use the grievance procedures
886 provided in this chapter and in [
887 and may be dismissed at any time by the appointing officer without hearing or appeal.
888 (7) Career service status shall be granted upon the successful completion of the
889 probationary period.
890 Section 16. Section 67-19-18 is amended to read:
891 67-19-18. Dismissals and demotions -- Grounds -- Disciplinary action --
892 Procedure -- Reductions in force.
893 (1) A career service employee may be dismissed or demoted:
894 (a) to advance the good of the public service; or
895 (b) for just causes, including inefficiency, incompetency, failure to maintain skills or
896 adequate performance levels, insubordination, disloyalty to the orders of a superior,
897 misfeasance, malfeasance, or nonfeasance in office.
898 (2) An employee may not be dismissed because of race, sex, age, disability, national
899 origin, religion, political affiliation, or other nonmerit factor including the exercise of rights
900 under this chapter.
901 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
902 the executive director shall establish rules governing the procedural and documentary
903 requirements of disciplinary dismissals and demotions.
904 (4) If an agency head finds that a career service employee is charged with aggravated
905 misconduct or that retention of a career service employee would endanger the peace and safety
906 of others or pose a grave threat to the public interest, the employee may be suspended pending
907 the administrative appeal to the department head as provided in Subsection (5).
908 (5) (a) A career service employee may not be demoted or dismissed unless the
909 department head or designated representative has complied with this subsection.
910 (b) The department head or designated representative notifies the employee in writing
911 of the reasons for the dismissal or demotion.
912 (c) The employee has no less than five working days to reply and have the reply
913 considered by the department head.
914 (d) The employee has an opportunity to be heard by the department head or designated
916 (e) Following the hearing, the employee may be dismissed or demoted if the
917 department head finds adequate cause or reason.
918 (6) (a) Reductions in force required by inadequate funds, change of workload, or lack
919 of work are governed by retention points established by the executive director.
920 (b) Under those circumstances:
921 (i) The agency head shall designate the category of work to be eliminated, subject to
922 review by the executive director.
923 (ii) Temporary and probationary employees shall be separated before any career
924 service employee.
925 (iii) (A) [
926 employees shall be separated in the order of their retention points, the employee with the
927 lowest points to be discharged first.
928 (B) Retention points for each career service employee shall be computed according to
929 rules established by the executive director, allowing appropriate consideration for proficiency
930 and seniority in state government, including any active duty military service fulfilled
931 subsequent to original state appointment.
932 (c) (i) A career service employee who is separated in a reduction in force under this
933 section shall be given preferential consideration when applying for a career service position.
934 (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
935 career service employee accepts a career service position.
936 (iii) The executive director shall make rules in accordance with Title 63G, Chapter 3,
937 Utah Administrative Rulemaking Act, concerning the manner of granting preferential
938 consideration under Subsection (6)(c)(i).
939 (d) (i) An employee separated due to a reduction in force may appeal to the
940 department head for an administrative review.
941 (ii) The notice of appeal must be submitted within 20 working days after the
942 employee's receipt of written notification of separation.
943 (iii) The employee may appeal the decision of the department head according to the
944 grievance and appeals procedure of this [
945 Section 17. Section 67-19-30 is amended to read:
946 67-19-30. Grievance resolution -- Jurisdiction.
947 (1) Employees shall comply with the procedural and jurisdictional requirements of this
948 section, Title 63G, Chapter 4, Administrative Procedures Act, and [
949 Grievance [
950 (2) All grievances based upon a claim or charge of injustice or oppression, including
951 dismissal from employment, resulting from an act, occurrence, commission, or condition shall
952 be governed by [
953 Chapter 4, Administrative Procedures Act.
954 (3) All grievances involving classification shall be governed by Section 67-19-31 and
955 are designated as informal adjudicative proceedings as defined by Title 63G, Chapter 4,
956 Administrative Procedures Act.
957 (4) All grievances by applicants for positions in state government involving an alleged
958 discriminatory or prohibited employment practice shall be governed by Section 67-19-32 and
959 Title 63G, Chapter 4, Administrative Procedures Act.
960 (5) A "grievance" under this chapter is a request for agency action for purposes of
961 Title 63G, Chapter 4, Administrative Procedures Act.
962 Section 18. Section 67-19a-101 is amended to read:
964 67-19a-101. Definitions.
965 As used in this chapter:
966 (1) "Administrator" means the person [
968 Service Review Office.
971 defined in Section 67-19-3 .
973 the authority to implement and administer the policies of [
975 (a) a complaint by a career service employee concerning any matter touching upon the
976 relationship between the employee and [
977 (b) any dispute between a career service employee and [
978 (5) "Office" means the Career Service Review Office created under Section
979 67-19a-201 .
980 (6) "Supervisor" means the person:
981 (a) to whom an employee reports [
982 (b) who assigns and oversees [
983 Section 19. Section 67-19a-101.5 is enacted to read:
984 67-19a-101.5. Transition.
985 (1) The board that is repealed by this bill on July 1, 2010, shall:
986 (a) continue to exist until June 30, 2011, with the same membership, duties, and
987 procedures only for the purpose of addressing a grievance submitted to the employee's
988 supervisor on or before June 30, 2010; and
989 (b) apply the law in effect on June 30, 2010 to a grievance described in Subsection
991 (2) The amendments to this chapter made by this bill apply only to a grievance
992 submitted to the employee's supervisor on or after July 1, 2010.
993 Section 20. Section 67-19a-201 is amended to read:
995 67-19a-201. Career Service Review Office created -- Appointment of an
996 administrator -- Reporting -- Qualifications.
997 (1) There is created a Career Service Review [
998 (2) (a) The governor shall appoint [
1000 administrator of the office.
1003 (b) The administrator shall have demonstrated an ability to administer personnel
1004 policies in performing the duties specified in this chapter.
1031 Section 21. Section 67-19a-202 is repealed and reenacted to read:
1032 67-19a-202. Powers -- Scope of Authority.
1033 (1) (a) The office shall serve as the final administrative body to review a grievance
1034 from a career service employee and agency of decision regarding:
1035 (i) a dismissal;
1036 (ii) a demotion;
1037 (iii) a suspension;
1038 (iv) a reduction in force;
1039 (v) a dispute concerning abandonment of position;
1040 (vi) a wage grievance if an employee is not placed within the salary range of the
1041 employee's current position;
1042 (vii) a violation of a rule adopted under Chapter 19, Utah State Personnel
1043 Management Act; or
1044 (viii) except as provided by Subsection (1)(b)(iii), equitable administration of the
1045 following benefits:
1046 (A) long-term disability insurance;
1047 (B) medical insurance;
1048 (C) dental insurance;
1049 (D) post-retirement health insurance;
1050 (E) post-retirement life insurance;
1051 (F) life insurance;
1052 (G) defined contribution retirement;
1053 (H) defined benefit retirement; and
1054 (I) a leave benefit.
1055 (b) The office may not review or take action on:
1056 (i) a personnel matter not listed in Subsection (1)(a);
1057 (ii) a grievance listed in Subsection (1)(a) that alleges discrimination or retaliation
1058 related to a claim of discrimination that is a violation of a state or federal law for which review
1059 and action by the office is preempted by state or federal law; or
1060 (iii) a grievance related to a claim for which an administrative review process is
1061 provided by statute and administered by:
1062 (A) the Utah State Retirement Systems under Title 49, Utah State Retirement and
1063 Insurance Benefit Act;
1064 (B) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20,
1065 Public Employees' Benefit and Insurance Program Act; or
1066 (C) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21,
1067 Public Employees' Long-Term Disability Act.
1068 (2) The time limits established in this chapter supersede the procedural time limits
1069 established in Title 63G, Chapter 4, Administrative Procedures Act.
1070 Section 22. Section 67-19a-203 is amended to read:
1071 67-19a-203. Rulemaking authority.
1073 Rulemaking Act, the administrator may make rules governing:
1075 established by this chapter;
1077 limits established by this chapter;
1079 pleadings, and the issuance of rulings, orders, determinations, summary judgments,
1080 transcripts, and other legal documents necessary in grievance proceedings;
1085 Title 63G, Chapter 4, Administrative Procedures Act;
1088 unavailable to the public[
1089 (i) motions that will assist the parties in meeting the 150-day time limit.
1090 (2) The rule made under Subsection (1)(i) shall:
1091 (a) prohibit a party from filing a dispositive motion under Utah Rules of Civil
1092 Procedure, Rule 12(b)(6) or Rule 56 before an evidentiary hearing; and
1093 (b) authorize a party to file a motion before an evidentiary hearing to:
1094 (i) dismiss for lack of authority to review the grievance under Utah Rules of Civil
1095 Procedure, Rule 12(b)(1) or Rule 12(b)(2); or
1096 (ii) limit the introduction of evidence.
1097 Section 23. Section 67-19a-204 is amended to read:
1098 67-19a-204. Administrator -- Powers.
1101 (1) In conjunction with any inquiry, investigation, hearing, or other proceeding, the
1102 administrator may:
1103 (a) administer an oath;
1104 (b) certify an official act;
1105 (c) subpoena a witness, document, and other evidence; and
1106 (d) grant a continuance as provided by rule.
1107 (2) (a) The administrator may:
1108 (i) assign qualified, impartial hearing officers on a per case basis to adjudicate matters
1109 under the [
1110 (ii) subpoena witnesses, documents, and other evidence in conjunction with any
1111 inquiry, investigation, hearing, or other proceeding; and
1112 (iii) upon motion made by a party or person to whom the subpoena is directed and
1113 upon notice to the party who issued the subpoena, quash or modify the subpoena if it is
1114 unreasonable, requires an excessive number of witnesses, or requests evidence not relevant to
1115 any matter in issue.
1116 (b) In selecting and assigning hearing officers under authority of this section, the
1117 administrator shall appoint hearing officers that have demonstrated by education, training, and
1118 experience the ability to adjudicate and resolve personnel administration disputes by applying
1119 employee relations principles within a large, public work force.
1120 Section 24. Section 67-19a-301 is amended to read:
1122 67-19a-301. Charges submissible under grievance procedure.
1123 (1) This grievance procedure may only be used by career service employees who are
1125 (a) public applicants for a position with the state's work force;
1126 (b) public employees of the state's political subdivisions;
1127 (c) public employees covered by other grievance procedures; or
1128 (d) employees of state institutions of higher education.
1129 (2) (a) Whenever a question or dispute exists as to whether an employee is qualified to
1130 use this grievance procedure, the administrator shall resolve the question or dispute.
1131 (b) The administrator's decision under Subsection (2)(a) is reviewable only by the
1132 Court of Appeals.
1133 (3) Any career service employee may submit a grievance based upon a claim or charge
1134 of injustice or oppression, including dismissal from employment, resulting from an act,
1135 occurrence, omission, or condition for solution through the grievance procedures set forth in
1136 this chapter.
1137 Section 25. Section 67-19a-302 is amended to read:
1138 67-19a-302. Levels of procedure.
1139 (1) A career service employee may grieve [
1143 under Subsection 67-19a-202 (1)(a) to all levels of the grievance procedure described in
1144 Section 67-19a-402 .
1145 (2) (a) A career service employee may grieve all other matters only to the level of [
1146 the department head.
1147 (b) The decision of the department head on a matter under Subsection (2)(a) is final
1148 and [
1149 Section 26. Section 67-19a-303 is amended to read:
1150 67-19a-303. Employees' rights in grievance procedure.
1151 (1) For the purpose of [
1152 service employee may:
1153 (a) obtain assistance by a representative of the employee's choice to act as an advocate
1154 at any level of the grievance procedure;
1155 (b) request a reasonable amount of time during work hours to confer with the
1156 representative and prepare the grievance; and
1157 (c) call other employees as witnesses at a grievance hearing.
1158 (2) The state shall allow employees to attend and testify at the grievance hearing as
1159 witnesses if the employee has given reasonable advance notice to the employee's immediate
1161 (3) No person may take any reprisals against any career service employee for use of
1162 grievance procedures specified in this chapter.
1163 (4) (a) The employing agency of an employee who files a grievance may not place
1164 grievance forms, grievance materials, correspondence about the grievance, agency and
1165 department replies to the grievance, or other documents relating to the grievance in the
1166 employee's personnel file.
1167 (b) The employing agency of an employee who files a grievance may place records of
1168 disciplinary action in the employee's personnel file.
1169 (c) If any disciplinary action against an employee is rescinded through the grievance
1170 procedures established in this chapter, the agency and the Department of Human Resource
1171 Management shall remove the record of the disciplinary action from the employee's agency
1172 personnel file and central personnel file.
1173 (d) An agency may maintain a separate grievance file relating to an employee's
1174 grievance, but shall discard the file after three years.
1175 Section 27. Section 67-19a-401 is amended to read:
1176 67-19a-401. Time limits for submission and advancement of grievance by
1177 aggrieved employee -- Voluntary termination of employment -- Group grievances.
1178 (1) Subject to the [
1179 Procedures, and the restrictions contained in this part, a career service employee may have a
1180 grievance addressed by following the procedures specified in this part.
1181 (2) The employee and the person to whom the grievance is directed may agree in
1182 writing to waive or extend grievance steps [
1183 67-19a-402 (1), (2), or (3) or the time limits specified for those grievance steps, as outlined in
1184 Section 67-19a-402 .
1185 (3) Any writing made [
1186 the administrator.
1187 (4) [
1189 advance the grievance to the next procedural step within the time limits established in this
1191 (a) the employee waives the right to [
1192 judicial review of the grievance[
1196 (b) the grievance is considered to be settled based on the decision made at the last
1197 procedural step.
1198 (5) (a) [
1200 employee submits the grievance:
1201 (i) within 20 working days after the event giving rise to the grievance; or
1202 (ii) within 20 working days after the employee has knowledge of the event giving rise
1203 to the grievance.
1204 (b) Notwithstanding Subsection (5)(a), an employee may not submit a grievance more
1205 than one year after the event giving rise to the grievance.
1206 (6) The provisions of Subsections (4) and (5)(a) do not apply if the employee meets
1207 the requirements for excusable neglect established by rule.
1209 the state may not submit a grievance after [
1212 employees may submit a group grievance by following the procedures and requirements of this
1214 (b) In submitting a group grievance, each aggrieved employee shall sign the
1216 (c) The administrator [
1217 but may select one aggrieved employee's grievance and address that grievance as a test case.
1218 Section 28. Section 67-19a-402 is amended to read:
1219 67-19a-402. Procedural steps to be followed by aggrieved employee.
1220 (1) (a) A career service employee who [
1222 in writing to:
1223 (i) the employee's supervisor; and
1224 (ii) the administrator.
1225 (b) Within five working days after [
1226 receiving a written grievance, the employee's supervisor may issue a [
1227 on the grievance.
1228 (2) (a) If [
1230 days or if the aggrieved employee is dissatisfied with the supervisor's [
1231 the employee may [
1233 the expiration of the period for response or receipt of the written decision, whichever is first.
1234 (b) Within five working days after receiving the written grievance, the employee's
1236 may issue a written response to the grievance stating [
1249 director [
1250 after its submission, or if the aggrieved employee is dissatisfied with the agency or division
1251 director's written decision [
1253 expiration of the period for decision or receipt of the written decision, whichever is first.
1254 (b) Within 10 working days after the employee's written grievance is submitted, the
1255 department head [
1256 and the reasons for the decision.
1257 (c) The decision of the department head is final in all matters except those matters that
1258 the [
1260 the subject matter requirements of Section [
1262 within 10 working days after [
1263 the department head's written decision [
1264 written grievance [
1265 of the period for decision or receipt of the written decision, whichever is first.
1266 Section 29. Section 67-19a-403 is amended to read:
1267 67-19a-403. Advancement of grievance to administrator -- Initial hearing.
1268 (1) At any time after a career service employee submits a written grievance to the
1269 administrator under [
1270 administrator may attempt to settle the grievance informally by conference, conciliation, and
1271 persuasion with the employee and the agency.
1272 (2) (a) When an employee [
1274 initially determine:
1275 (i) whether [
1276 grievance system;
1277 (ii) whether [
1278 grievance; and
1279 (iii) whether [
1281 (b) In order to make the determinations required by Subsection (2)(a), the
1282 administrator may:
1283 (i) hold [
1284 arguments, written arguments, or both; or
1285 (ii) conduct an administrative review of the file.
1286 (3) (a) If the administrator holds [
1287 administrator shall issue [
1288 (b) If the administrator chooses to conduct an administrative review of the file, [
1289 the administrator shall issue [
1290 administrator receives the grievance.
1291 Section 30. Section 67-19a-404 is amended to read:
1292 67-19a-404. Evidentiary hearing.
1293 (1) If the administrator determines that the [
1301 (A) agreed upon by the parties and the administrator; and
1302 (B) not greater than 150 days after the date the administrator determines that the office
1303 has authority to review the grievance.
1304 (2) After the date for the evidentiary hearing has been set, the administrator or
1305 assigned hearing officer may grant each party one extension of reasonable length for
1306 extraordinary circumstances as determined by the administrator or assigned hearing officer.
1307 (3) Notwithstanding Section 63G-4-205 , and in order to accommodate the 150-day
1308 time limit, the administrator may only allow a motion for discovery for production of
1309 documents, records, and evidence under Utah Rules of Civil Procedure, Rule 34.
1310 Section 31. Section 67-19a-406 is amended to read:
1311 67-19a-406. Procedural steps to be followed by aggrieved employee -- Hearing
1312 before hearing officer -- Evidentiary and procedural rules.
1313 (1) (a) The administrator shall employ a certified court reporter to record the hearing
1314 and prepare an official transcript of the hearing.
1315 (b) The official transcript of the proceedings and all exhibits, briefs, motions, and
1316 pleadings received by the hearing officer are the official record of the proceeding.
1317 (2) (a) The agency has the burden of proof in all grievances [
1322 case by substantial evidence.
1323 (3) (a) The hearing officer shall issue a written decision within 20 working days after
1324 the hearing is adjourned.
1325 (b) If the hearing officer does not issue a decision within 20 working days, the agency
1326 that is a party to the grievance is not liable for any claimed back wages or benefits after the
1327 date the decision is due.
1328 (4) The hearing officer may:
1329 (a) not award [
1330 (b) close a hearing by complying with the procedures and requirements of Title 52,
1331 Chapter 4, Open and Public Meetings Act;
1332 (c) seal the file and the evidence produced at the hearing if the evidence raises
1333 questions about an employee's character, professional competence, or physical or mental
1335 (d) grant continuances according to [
1338 (e) decide a motion, an issue regarding discovery, or another issue in accordance with
1339 this chapter.
1340 Section 32. Repealer.
1341 This bill repeals:
1342 Section 67-19a-407, Appeal to Career Service Review Board.
1343 Section 67-19a-408, Career Service Review Board hearing -- Evidentiary and
1344 procedural rules.
1345 Section 33. Effective date.
1346 This bill takes effect on July 1, 2010.
1347 Section 34. Revisor instructions.
1348 It is the intent of the Legislature that, in preparing the Utah Code database for
1349 publication, the Office of Legislative Research and General Counsel shall replace the reference
1350 in Section 67-19a-101.5 from "this bill" to the bill's designated chapter number in the Laws of
1352 Section 35. Coordinating H.B. 140 with H.B. 27 -- Superseding and substantive
1354 If this H.B. 140 and H.B. 27, Per Diem and Travel Expense Modifications, both pass,
1355 it is the intent of the Legislature that the amendments to Section 67-19a-201 in this H.B. 140
1356 supersede the amendments to Section 67-19a-201 in H.B. 27, when the Office of Legislative
1357 Research and General Counsel prepares the Utah Code database for publication.
[Bill Documents][Bills Directory]