H.B.
449
PUBLIC EMPLOYEE STATUS MODIFICATIONS
House Floor
Amendments
Amendment 3 March 5, 2012 2:22 PM
Representative Brad L. Dee proposes the following amendments:
1. Page 2, Line 52 through Page 3, Line 86 :
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
}
.
55 (2) Subsection (1)(a) does not apply to:
56 (a) [
subject to Subsection (3),
a person appointed by the mayor, city manager, or other
person or body
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;
75
76
77 (d) an individual appointed to a position under Part 9, Appointed Officials and Their
78 Duties, including:
79 (i) the city engineer;
80 (ii) the city recorder;
81 (iii) the city treasurer; or
82 (iv) the city attorney; or
83 (e) an employee who has:
84 (i) acknowledged in writing that the employee's employment status is appointed or
85 at-will; or
86 (ii) voluntarily waived the procedures required by Section 10-3-1106 .
(3) In addition to the persons described in Subsections (2)(b) through (e), a municipality may appoint
up to 5% of the municipality's workforce in accordance with Subsection (2)(a).
(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.
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