Chief Sponsor: Brad L. Dee

Senate Sponsor: Ralph Okerlund


8     General Description:
9          This bill modifies provisions relating to a career service council.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that under certain circumstances a career service council shall refer an
13     appeal to an administrative law judge for a final decision.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          17-33-4, as last amended by Laws of Utah 2001, Chapter 241
21          17-33-4.5, as enacted by Laws of Utah 2001, Chapter 241

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 17-33-4 is amended to read:
25          17-33-4. Career service council -- Members and alternate members -- Powers and
26     duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of
27     council members.
28          (1) (a) (i) There shall be in each county establishing a system a three-member
29     bipartisan career service council appointed by the county executive. The members of the

30     council shall be persons in sympathy with the application of merit principles to public
31     employment.
32          (ii) (A) The county executive may appoint alternate members of the career service
33     council to hear appeals that one or more regular career service council members are unable to
34     hear.
35          (B) The term of an alternate member of the career service council may not exceed one
36     year.
37          (b) The council shall hear appeals not resolved at lower levels in the cases of career
38     service employees suspended, transferred, demoted, or dismissed as well in the cases of other
39     grievances not resolved by the grievance procedure at the division or departmental level.
40          (c) The career service council:
41          (i) may make an initial determination in each appeal whether the appeal is one of the
42     types of matters under Subsection (1)(b) over which the council has jurisdiction;
43          (ii) shall, subject to Section 17-33-4.5, review written appeals in cases of applicants
44     rejected for examination and report final binding appeals decisions, in writing, to the county
45     legislative body;
46          (iii) may not hear any other personnel matter; and
47          (iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
48          (d) (i) A person adversely affected by a decision of the career service council may
49     appeal the decision to the district court.
50          (ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is
51     filed within 30 days after the career service council issues its decision.
52          (iii) If there is a record of the career service council proceedings, the district court
53     review shall be limited to the record provided by the career service council.
54          (iv) In reviewing a decision of the career service council, the district court shall
55     presume that the decision is valid and may determine only whether the decision is arbitrary or
56     capricious.
57          (2) Each council member shall serve a term of three years to expire on June 30, three

58     years after the date of his or her appointment, except that original appointees shall be chosen as
59     follows: one member for a term expiring June 30, 1982; one member for a term expiring June
60     30, 1983; and one member for a term expiring June 30, 1984. Successors of original council
61     members shall be chosen for three-year terms. An appointment to fill a vacancy on the council
62     shall be for only the unexpired term of the appointee's successor. Each member of the board
63     shall hold office until his successor is appointed and confirmed. A member of the council may
64     be removed by the county executive for cause, after having been given a copy of the charges
65     against him or her and an opportunity to be heard publicly on the charges before the county
66     legislative body. Adequate annual appropriations shall be made available to enable the council
67     effectively to carry out its duties under this law.
68          (3) Members and alternates of the council shall be United States citizens and be actual
69     and bona fide residents of the state of Utah and the county from which appointed for a period
70     of not less than one year preceding the date of appointment and a member may not hold another
71     government office or be employed by the county.
72          (4) The council shall elect one of its members as chairperson, and two or more
73     members of the council shall constitute a quorum necessary for carrying on the business and
74     activity of the council.
75          (5) The council shall have subpoena power to compel attendance of witnesses, and to
76     authorize witness fees where it deems appropriate, to be paid at the same rate as in justice
77     courts.
78          (6) (a) (i) Council members shall receive compensation for each day or partial day they
79     are in session at a per diem rate determined by the county legislative body.
80          (ii) An alternate member shall receive compensation for each day or partial day that the
81     alternate member is required to replace a regular council member, at a per diem rate determined
82     by the county legislative body.
83          (b) The county legislative body may periodically adjust the compensation rate for
84     inflation.
85          Section 2. Section 17-33-4.5 is amended to read:

86          17-33-4.5. Council may refer an appeal to an administrative law judge for a
87     recommendation -- Council action on recommendation.
88          (1) (a) A county legislative body may appoint one or more administrative law judges to
89     hear appeals referred by a career service council under this section.
90          (b) Each administrative law judge shall be trained and experienced in personnel
91     matters.
92          [(2) (a) If a career service council determines that it is in the county's best interest, it
93     may initially refer an appeal to an administrative law judge who has been appointed under
94     Subsection (1).]
95          (2) (a) A career service council may refer an appeal to an administrative law judge
96     appointed under Subsection (1) if the career service council determines that the referral is in the
97     parties' best interest.
98          (b) After holding a hearing on an appeal described in Subsection (2)(a), the
99     administrative law judge shall make findings of fact and a recommendation to the career
100     service council.
101          (c) After receiving the administrative law judge's recommendation, [a] the career
102     service council may request the administrative law judge to hold a further factual hearing
103     before the career service [council's] council issues a decision.
104          (d) [A] The career service council may adopt or reject [an] the administrative law
105     judge's recommendation, whether before or after a further hearing under Subsection (2)(c).
106          (3) (a) A career service council shall refer an appeal to an administrative law judge
107     appointed under Subsection (1) if the county employee or county official assigned by the
108     governing body to manage personnel functions requests that the appeal be referred.
109          (b) In an appeal described in Subsection (3)(a), the administrative law judge, not the
110     career service council, shall issue a final decision.