H.B.
449
PUBLIC EMPLOYEE STATUS MODIFICATIONS
House Floor
Amendments
Amendment 2 March 2, 2012 4:43 PM
Representative Brad L. Dee proposes the following amendments:
1. Page 2, Lines 52 through 54 :
52 (b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily
53 transferred to a position with less remuneration if the discharge or involuntary transfer is the
54 result of a layoff
{
,
}
or
reorganization
{
, or other non-disciplinary reason
}
.
2. Page 2, Line 55 through Page 3, Line 74 :
55 (2) Subsection (1)(a) does not apply to:
56 (a) [
57 [
58 (i) the appointment is made in writing;
{
and
}
59 (ii) the person's written job description identifies the person's position as
{
being an
60 at-will position with the municipality }
exempt from the protections described in Subsection
(1)(a)
;
and
(iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);
61 (b) a member of the municipality's police department or fire department who is a
62 member of the classified civil service in a first or second class city;
63 (c) a person who holds a position described
{
as follows, or the equivalent, as defined in
64 a local ordinance or local personnel policy }
in Subsections (2)(c)(i) through (xii) or an equivalent
position designated in a municipal ordinance or personnel policy
:
65 [
66 [
67 [
68 [
69 [
70 [
71 [
72 [
73 [
{
or
}
74 [
or temporary
employee of the municipality[.];
(xi) a person who works in the office of an elected official; or
(xii) a secretarial or administrative assistant support position that is specifically designated as a
position to assist an elected official or the head or deputy head of a municipal department;
3. Page 3, Line 86 :
86 (ii) voluntarily waived the procedures required by Section 10-3-1106 .
(3) The portion of a municipal workforce that may be exempt from the protections described in
Subsection (1)(a):
(a) may not exceed the greater of:
(i) 10% of the municipality's workforce; or
(ii) the sum of persons described in Subsections (2)(a) through (d); and
(b) may include a person described in Subsection (2)(e).
(4) Nothing in this section or Section 10-3-1106 may be construed to limit a municipality's ability to
define cause for an employee termination or reduction in force.
4. Page 6, Line 160 :
160 transfer is the result of a layoff
{
,
}
or
reorganization
{
, or other non-disciplinary reason
}
.
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