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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to hiring principles for certain state and local
10 government employees.
11 Highlighted Provisions:
12 This bill:
13 ▸ precludes certain state and local government entities from requiring a minimum
14 educational requirement for employment, except where educational qualifications
15 are legally required to perform the duties of the position;
16 ▸ requires certain state and local government entities to:
17 • consider comparable experience or ability as equal to education when
18 determining a candidate's satisfaction of minimum qualifications, with specific
19 exceptions; and
20 • ensure that job descriptions and job postings are based on the skills and
21 competencies required to perform each job; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 10-3-1105, as last amended by Laws of Utah 2012, Chapter 321
30 11-13-225, as last amended by Laws of Utah 2018, Chapter 200
31 17-28-2.4, as enacted by Laws of Utah 1992, Chapter 115
32 17-28-2.6, as last amended by Laws of Utah 2001, Chapter 73
33 17-33-3, as last amended by Laws of Utah 2001, Chapter 73
34 17-33-5, as last amended by Laws of Utah 2009, Chapter 128
35 17B-1-803, as renumbered and amended by Laws of Utah 2007, Chapter 329
36 67-19-3.1, as last amended by Laws of Utah 2010, Chapter 249
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 10-3-1105 is amended to read:
40 10-3-1105. Municipal employees -- Duration and termination of employment --
41 Exceptions -- Merit principles.
42 (1) (a) Except as provided in Subsection (1)(b) or (2), each employee of a municipality
43 shall hold employment without limitation of time, being subject to discharge, suspension of
44 over two days without pay, or involuntary transfer to a position with less remuneration only as
45 provided in Section 10-3-1106.
46 (b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily
47 transferred to a position with less remuneration if the discharge or involuntary transfer is the
48 result of a layoff or reorganization.
49 (2) Subsection (1)(a) does not apply to:
50 (a) subject to Subsection (3), a person appointed by the mayor, city manager, or other
51 person or body with the power to appoint in the municipality if:
52 (i) the appointment is made in writing;
53 (ii) the person's written job description identifies the person's position as exempt from
54 the protections described in Subsection (1)(a); and
55 (iii) the position is described in an ordinance as exempt from the protections described
56 in Subsection (1)(a);
57 (b) a member of the municipality's police department or fire department who is a
58 member of the classified civil service in a first or second class city;
59 (c) a person who holds a position described in Subsections (2)(c)(i) through (xii) or an
60 equivalent position designated in a municipal ordinance or personnel policy:
61 (i) a police chief of the municipality;
62 (ii) a deputy or assistant police chief of the municipality;
63 (iii) a fire chief of the municipality;
64 (iv) a deputy or assistant fire chief of the municipality;
65 (v) a head of a municipal department or division;
66 (vi) a deputy of a head of a municipal department or division;
67 (vii) a superintendent;
68 (viii) a probationary employee of the municipality;
69 (ix) a part-time employee of the municipality, including paid call firefighters;
70 (x) a seasonal or temporary employee of the municipality;
71 (xi) a person who works in the office of an elected official; or
72 (xii) a secretarial or administrative assistant support position that is specifically
73 designated as a position to assist an elected official or the head or deputy head of a municipal
74 department;
75 (d) an individual appointed to a position under Part 9, Appointed Officials and Their
76 Duties, including:
77 (i) the city engineer;
78 (ii) the city recorder;
79 (iii) the city treasurer; or
80 (iv) the city attorney; or
81 (e) an employee who has:
82 (i) acknowledged in writing that the employee's employment status is appointed or
83 at-will; or
84 (ii) voluntarily waived the procedures required by Section 10-3-1106.
85 (3) In addition to the persons described in Subsections (2)(b) through (e), a
86 municipality may appoint up to 5% of the municipality's workforce in accordance with
87 Subsection (2)(a).
88 (4) Nothing in this section or Section 10-3-1106 may be construed to limit a
89 municipality's ability to define cause for an employee termination or reduction in force.
90 (5) A municipality may not prescribe a minimum educational requirement for
91 employment except when a minimum educational qualification is legally required to perform
92 the duties of the position.
93 (6) A municipality shall:
94 (a) consider comparable experience or ability as equal to education in determining a
95 candidate's satisfaction of minimum qualifications, except when a minimum educational
96 qualification is legally required to perform the duties of the position; and
97 (b) ensure that the municipality's position descriptions and job postings for employee
98 positions are based on the specific skills and competencies required to perform those jobs.
99 Section 2. Section 11-13-225 is amended to read:
100 11-13-225. Establishment of interlocal entity personnel system -- Merit principles.
101 (1) An interlocal entity shall establish a system of personnel administration for the
102 interlocal entity as provided in this section.
103 (2) The interlocal entity shall administer the system described in Subsection (1) in a
104 manner that will effectively provide for:
105 (a) recruiting, selecting, and advancing employees on the basis of the employee's
106 relative ability, knowledge, and skills, including open consideration of qualified applicants for
107 initial appointment;
108 (b) equitable and adequate compensation;
109 (c) employee training as needed to assure high-quality performance;
110 (d) (i) retaining an employee on the basis of the adequacy of the employee's
111 performance; and
112 (ii) separation of an employee whose inadequate performance cannot be corrected;
113 (e) fair treatment of an applicant or employee in all aspects of personnel administration
114 without regard to race, color, religion, sex, national origin, political affiliation, age, or
115 disability, and with proper regard for the applicant's or employee's privacy and constitutional
116 rights; and
117 (f) a formal procedure for processing the appeals and grievances of an employee
118 without discrimination, coercion, restraint, or reprisal.
119 (3) An interlocal entity may not prescribe a minimum educational requirement for
120 employment, except when a minimum educational qualification is legally required to perform
121 the duties of the position.
122 (4) An interlocal entity shall:
123 (a) consider comparable experience or ability as equal to education in determining a
124 candidate's satisfaction of minimum qualifications, except when a minimum educational
125 qualification is legally required to perform the duties of the position; and
126 (b) ensure that position descriptions and job postings published for employee positions
127 are based on the specific skills and competencies required to perform those jobs.
128 [
129 Subsection (2)(c) complies with Title 63G, Chapter 22, State Training and Certification
130 Requirements.
131 Section 3. Section 17-28-2.4 is amended to read:
132 17-28-2.4. County Fire Civil Service System rules and policies.
133 (1) The executive director shall recommend rules and policies for the County Fire Civil
134 Service System, which shall be subject to approval by the county legislative body.
135 (2) [
136 shall provide for recruiting activities, including the recruiting of minorities and women,
137 job-related minimum requirements, selection procedures, certification procedures,
138 appointments, probationary periods, promotion, position classification, recordkeeping,
139 reductions in force, grievances and complaints, disciplinary action, work hours, holidays, and
140 other necessary and proper requirements not inconsistent with this chapter.
141 (3) The executive director shall publish or cause to be published these rules and
142 policies in a manual form, to be updated regularly and made available to fire department
143 employees.
144 Section 4. Section 17-28-2.6 is amended to read:
145 17-28-2.6. Merit principles.
146 (1) The County Fire Civil Service System shall be established and administered in a
147 manner that will provide for the effective implementation of the following merit principles:
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149 ability, knowledge, and skills, including open consideration of qualified applicants for initial
150 appointment;
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152 systems, including pay and benefits programs;
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155 separation of employees whose inadequate performance cannot be corrected;
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157 administration without regard to race, color, religion, sex, national origin, political affiliation,
158 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
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160 prohibited practices under the Hatch Act; and
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162 employees without discrimination, coercion, restraint, or reprisal.
163 (2) The County Fire Civil Service System may not prescribe a minimum educational
164 requirement for employment, except when a minimum educational qualification is legally
165 required to perform the duties of the position.
166 (3) The County Fire Civil Service System shall:
167 (a) consider comparable experience or ability as equal to education in determining a
168 candidate's satisfaction of minimum qualifications, except when a minimum educational
169 qualification is legally required to perform the duties of the position; and
170 (b) ensure that position descriptions and job postings published for employee positions
171 are based on the specific skills and competencies required to perform those jobs.
172 (4) The principles in Subsections (1) through (3) shall govern the creation of rules and
173 policies under Section 17-28-2.4.
174 Section 5. Section 17-33-3 is amended to read:
175 17-33-3. Merit principles.
176 (1) It is the policy of this state that each county may establish a personnel system
177 administered in a manner that will provide for the effective implementation of the following
178 merit principles:
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180 ability, knowledge, and skills, including open consideration of qualified applicants for initial
181 appointment;
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185 separation of employees whose inadequate performance cannot be corrected;
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187 administration without regard to race, color, religion, sex, national origin, political affiliation,
188 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
189 [
190 prohibited practices under the Hatch Act; and
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192 employees without discrimination, coercion, restraint, or reprisal.
193 (2) A county may not prescribe a minimum educational requirement for employment,
194 except when a minimum educational qualification is legally required to perform the duties of
195 the position.
196 (3) A county shall:
197 (a) consider comparable experience or ability as equal to education in determining a
198 candidate's satisfaction of minimum qualifications, except when a minimum educational
199 qualification is legally required to perform the duties of the position; and
200 (b) ensure that the county's position descriptions and job postings for employee
201 positions are based on the specific skills and competencies required to perform those jobs.
202 (4) The principles in Subsections (1) through (3) shall govern the creation of personnel
203 rules under Section 17-33-5.
204 Section 6. Section 17-33-5 is amended to read:
205 17-33-5. Office of personnel management -- Director -- Appointment and
206 responsibilities -- Personnel rules.
207 (1) (a) (i) Each county executive shall:
208 (A) create an office of personnel management, administered by a director of personnel
209 management; and
210 (B) ensure that the director is a person with proven experience in personnel
211 management.
212 (ii) Except as provided in Subsection (1)(b), the position of director of personnel
213 management shall be:
214 (A) a merit position; and
215 (B) filled as provided in Subsection (1)(a)(iii).
216 (iii) Except as provided in Subsection (1)(b), the career service council shall:
217 (A) advertise and recruit for the director position in the same manner as for merit
218 positions;
219 (B) select three names from a register; and
220 (C) submit those names as recommendations to the county legislative body.
221 (iv) Except as provided in Subsection (1)(b), the county legislative body shall select a
222 person to serve as director of the office of personnel management from the names submitted to
223 it by the career service council.
224 (b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
225 procedure under Subsections (1)(a)(ii), (iii), and (iv) and at the county executive's discretion,
226 the county executive may appoint a director of personnel management with the advice and
227 consent of the county legislative body.
228 (ii) The position of each director of personnel management appointed under this
229 Subsection (1)(b) shall be a merit exempt position.
230 (iii) A director of personnel management appointed under this Subsection (1)(b) may
231 be terminated by the county executive with the consent of the county legislative body.
232 (2) The director of personnel management shall:
233 (a) encourage and exercise leadership in the development of expertise in personnel
234 administration within the several departments, offices, and agencies in the county service and
235 make available the facilities of the office of personnel management to this end;
236 (b) advise the county legislative and executive bodies on the use of human resources;
237 (c) develop and implement programs for the improvement of employee effectiveness,
238 such as training, safety, health, counseling, and welfare;
239 (d) investigate periodically the operation and effect of this law and of the policies made
240 under it and report findings and recommendations to the county legislative body;
241 (e) establish and maintain records of all employees in the county service, setting forth
242 as to each employee class, title, pay or status, and other relevant data;
243 (f) make an annual report to the county legislative body and county executive regarding
244 the work of the department; and
245 (g) apply and carry out this law and the policies under it and perform any other lawful
246 acts that are necessary to carry out the provisions of this law.
247 (3) (a) (i) The director shall recommend personnel rules for the county.
248 (ii) The county legislative body may:
249 (A) recommend personnel rules for the county; and
250 (B) approve, amend, or reject personnel rules before they are adopted.
251 (b) [
252 (i) recruiting efforts to be planned and carried out in a manner that assures open
253 competition, with special emphasis to be placed on recruiting efforts to attract minorities,
254 women, persons with a disability as defined by and covered under the Americans with
255 Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially
256 underrepresented in the county work force to help assure they will be among the candidates
257 from whom appointments are made;
258 (ii) the establishment of job related minimum requirements wherever practical, that all
259 successful candidates shall be required to meet in order to be eligible for consideration for
260 appointment or promotion;
261 (iii) selection procedures that include consideration of the relative merit of each
262 applicant for employment, a job related method of determining the eligibility or ineligibility of
263 each applicant, and a valid, reliable, and objective system of ranking eligible applicants
264 according to their qualifications and merit;
265 (iv) certification procedures that [
266 appropriate number of the most qualified eligible applicants based on the ranking system;
267 (v) appointments to positions in the career service by selection from the most qualified
268 eligible applicants certified on eligible lists established in accordance with Subsections
269 (3)(b)(iii) and (iv);
270 (vi) noncompetitive appointments in the occasional instance where there is evidence
271 that open or limited competition is not practical, such as for unskilled positions that have no
272 minimum job requirements;
273 (vii) limitation of competitions at the discretion of the director for appropriate positions
274 to facilitate employment of qualified applicants with a substantial physical or mental
275 impairment, or other groups protected by Title VII of the Civil Rights Act;
276 (viii) permanent appointment for entry to the career service that shall be contingent
277 upon satisfactory performance by the employee during a period of six months, with the
278 probationary period extendable for a period not to exceed six months for good cause, but with
279 the condition that the probationary employee may appeal directly to the council any undue
280 prolongation of the period designed to thwart merit principles;
281 (ix) temporary, provisional, or other noncareer service appointments, which may not be
282 used as a way of defeating the purpose of the career service and may not exceed 270 days;
283 (x) lists of eligible applicants normally to be used, if available, for filling temporary
284 positions, and short term emergency appointments to be made without regard to the other
285 provisions of law to provide for maintenance of essential services in an emergency situation
286 where normal procedures are not practical, these emergency appointments not to exceed 270
287 days;
288 (xi) promotion and career ladder advancement of employees to higher level positions
289 and assurance that all persons promoted are qualified for the position;
290 (xii) recognition of the equivalency of other merit processes by waiving, at the
291 discretion of the director, the open competitive examination for placement in the career service
292 positions of those who were originally selected through a competitive examination process in
293 another governmental entity, the individual in those cases, to serve a probationary period;
294 (xiii) preparation, maintenance, and revision of a position classification plan for all
295 positions in the career service, based upon similarity of duties performed and responsibilities
296 assumed, so that the same qualifications may reasonably be required for, and the same schedule
297 of pay may be equitably applied to, all positions in the same class, the compensation plan, in
298 order to maintain a high quality public work force, to take into account the responsibility and
299 difficulty of the work, the comparative pay and benefits needed to compete in the labor market
300 and to stay in proper alignment with other similar governmental units, and other factors;
301 (xiv) keeping records of performance on all employees in the career service and
302 requiring consideration of performance records in determining salary increases, any benefits for
303 meritorious service, promotions, the order of layoffs and reinstatements, demotions, discharges,
304 and transfers;
305 (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
306 abolition of positions, or material changes in duties or organization, and governing
307 reemployment of persons so laid off, taking into account with regard to layoffs and
308 reemployment the relative ability, seniority, and merit of each employee;
309 (xvi) establishment of a plan for resolving employee grievances and complaints with
310 final and binding decisions;
311 (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
312 grade, or discharge, measures to provide for presentation of charges, hearing rights, and appeals
313 for all permanent employees in the career service to the career service council;
314 (xviii) establishment of a procedure for employee development and improvement of
315 poor performance;
316 (xix) establishment of hours of work, holidays, and attendance requirements in various
317 classes of positions in the career service;
318 (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
319 leave programs; and
320 (xxi) any other requirements not inconsistent with this law that are proper for its
321 enforcement.
322 Section 7. Section 17B-1-803 is amended to read:
323 17B-1-803. Merit principles.
324 (1) A local district may establish a personnel system administered in a manner that will
325 provide for the effective implementation of merit principles that provide for:
326 [
327 ability, knowledge, and skills, including open consideration of qualified applicants for initial
328 appointment;
329 [
330 [
331 [
332 separation of employees whose inadequate performance cannot be corrected;
333 [
334 administration without regard to race, color, religion, sex, national origin, political affiliation,
335 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
336 [
337 prohibited practices under the Hatch Political Activities Act, 5 U.S.C. Sec. 1501 through 1508
338 et seq.; and
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340 employees without discrimination, coercion, restraint, or reprisal.
341 (2) A local district may not prescribe a minimum educational requirement for
342 employment, except when a minimum educational qualification is legally required to perform
343 the duties of the position.
344 (3) A local district shall:
345 (a) consider comparable experience or ability as equal to education in determining a
346 candidate's satisfaction of minimum qualifications, except when a minimum educational
347 qualification is legally required to perform the duties of the position; and
348 (b) ensure that the local district's position descriptions and job postings for employee
349 positions are based on the specific skills and competencies required to perform those jobs.
350 Section 8. Section 67-19-3.1 is amended to read:
351 67-19-3.1. Principles guiding interpretation of chapter and adoption of rules --
352 Merit principles.
353 (1) The department shall establish a career service system designed in a manner that
354 will provide for the effective implementation of the following merit principles:
355 (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
356 knowledge, and skills, including open consideration of qualified applicants for initial
357 appointment;
358 (b) providing for equitable and competitive compensation;
359 (c) training employees as needed to assure high-quality performance;
360 (d) retaining employees on the basis of the adequacy of their performance and
361 separating employees whose inadequate performance cannot be corrected;
362 (e) fair treatment of applicants and employees in all aspects of human resource
363 administration without regard to race, color, religion, sex, national origin, political affiliation,
364 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
365 (f) providing information to employees regarding their political rights and the
366 prohibited practices under the Hatch Act; and
367 (g) providing a formal procedure for advancing grievances of employees:
368 (i) without discrimination, coercion, restraint, or reprisal; and
369 (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
370 agency.
371 (2) The career service system described in Subsection (1) may not prescribe a
372 minimum educational requirement for employment, except when a minimum educational
373 qualification is legally required to perform the duties of the position.
374 (3) As part of the career service system described in Subsection (1), the department
375 shall:
376 (a) consider comparable experience or ability as equal to education in determining a
377 candidate's satisfaction of minimum qualifications, except when a minimum educational
378 qualification is legally required to perform the duties of the position; and
379 (b) ensure that position descriptions and job postings published by agencies for career
380 service positions are based on the specific skills and competencies required to perform those
381 jobs.
382 [
383 interpretation and implementation of this chapter.