Senator Daniel W. Thatcher proposes the following substitute bill:




Chief Sponsor: Norman K. Thurston

Senate Sponsor: Daniel W. Thatcher

6     Cosponsor:
Travis M. Seegmiller


9     General Description:
10          This bill amends provisions related to certain municipal employees and to hiring
11     principles for certain state government employees.
12     Highlighted Provisions:
13          This bill:
14          ▸     clarifies which municipal employees are subject to certain conditions of
15     employment;
16          ▸     precludes the Department of Human Resource Management from requiring a
17     minimum educational requirement for employment, except where educational
18     qualifications are legally required to perform the duties of the position;
19          ▸     requires the Department of Human Resource Management to:
20               •     consider comparable experience or ability as equal to education when
21     determining a candidate's satisfaction of minimum qualifications, with specific
22     exceptions;
23               •     ensure that job descriptions and job postings are based on the skills and
24     competencies required to perform each job; and

25               •     create supporting materials that may be used by a political subdivision that
26     chooses to implement competency-based hiring principles; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          10-3-1105, as last amended by Laws of Utah 2012, Chapter 321
35          67-19-3.1, as last amended by Laws of Utah 2010, Chapter 249

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-3-1105 is amended to read:
39          10-3-1105. Municipal employees -- Duration and termination of employment --
40     Exceptions.
41          (1) (a) Except as provided in Subsection (1)(b) or (2), each employee of a municipality
42     shall hold employment without limitation of time, being subject to discharge, suspension of
43     over two days without pay, or involuntary transfer to a position with less remuneration only as
44     provided in Section 10-3-1106.
45          (b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily
46     transferred to a position with less remuneration if the discharge or involuntary transfer is the
47     result of a layoff or reorganization.
48          (2) Subsection (1)(a) does not apply to:
49          (a) subject to Subsection (3), a person appointed by the mayor, city manager, or other
50     person or body with the power to appoint in the municipality if:
51          (i) the appointment is made in writing;
52          (ii) the person's written job description identifies the person's position as exempt from
53     the protections described in Subsection (1)(a); and
54          (iii) the position is described in an ordinance as exempt from the protections described
55     in Subsection (1)(a);

56          (b) a member of the municipality's police department or fire department who is a
57     member of the classified civil service in a first or second class city;
58          (c) a person who holds a position described in Subsections (2)(c)(i) through (xii) or an
59     equivalent position designated in a municipal ordinance or personnel policy:
60          (i) a police chief of the municipality;
61          (ii) a deputy or assistant police chief of the municipality;
62          (iii) a fire chief of the municipality;
63          (iv) a deputy or assistant fire chief of the municipality;
64          (v) a head of a municipal department or division;
65          (vi) a deputy [of a] head of a municipal department or division;
66          (vii) a superintendent;
67          (viii) a probationary employee of the municipality;
68          (ix) a part-time employee of the municipality, including paid call firefighters;
69          (x) a seasonal or temporary employee of the municipality;
70          (xi) a person who works in the office of an elected official; or
71          (xii) a secretarial or administrative assistant support position that is specifically
72     designated as a position to assist an elected official or the head or deputy head of a municipal
73     department;
74          (d) an individual appointed to a position under Part 9, Appointed Officials and Their
75     Duties, including:
76          (i) the city engineer;
77          (ii) the city recorder;
78          (iii) the city treasurer; or
79          (iv) the city attorney; or
80          (e) an employee who has:
81          (i) acknowledged in writing that the employee's employment status is appointed or
82     at-will; or
83          (ii) voluntarily waived the procedures required by Section 10-3-1106.
84          (3) In addition to the persons described in Subsections (2)(b) through (e), a
85     municipality may appoint up to 5% of the municipality's workforce in accordance with
86     Subsection (2)(a).

87          (4) Nothing in this section or Section 10-3-1106 may be construed to limit a
88     municipality's ability to define cause for an employee termination or reduction in force.
89          Section 2. Section 67-19-3.1 is amended to read:
90          67-19-3.1. Principles guiding interpretation of chapter and adoption of rules --
91     Merit principles.
92          (1) The department shall establish a career service system designed in a manner that
93     will provide for the effective implementation of the following merit principles:
94          (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
95     knowledge, and skills, including open consideration of qualified applicants for initial
96     appointment;
97          (b) providing for equitable and competitive compensation;
98          (c) training employees as needed to assure high-quality performance;
99          (d) retaining employees on the basis of the adequacy of their performance and
100     separating employees whose inadequate performance cannot be corrected;
101          (e) fair treatment of applicants and employees in all aspects of human resource
102     administration without regard to race, color, religion, sex, national origin, political affiliation,
103     age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
104          (f) providing information to employees regarding their political rights and the
105     prohibited practices under the Hatch Act; and
106          (g) providing a formal procedure for advancing grievances of employees:
107          (i) without discrimination, coercion, restraint, or reprisal; and
108          (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
109     agency.
110          (2) The career service system described in Subsection (1) may not prescribe a
111     minimum educational requirement for employment, except when a minimum educational
112     qualification is legally required to perform the duties of the position.
113          (3) As part of the career service system described in Subsection (1), the department
114     shall:
115          (a) consider comparable experience or ability as equal to education in determining a
116     candidate's satisfaction of minimum qualifications, except when a minimum educational
117     qualification is legally required to perform the duties of the position; and

118          (b) ensure that position descriptions and job postings published by agencies for career
119     service positions are based on the specific skills and competencies required to perform those
120     jobs.
121          (4) Within existing resources, the department shall create supporting materials that may
122     be used by a political subdivision that chooses to implement competency-based hiring
123     principles that are the same as or similar to those principles described in Subsections (2) and
124     (3).
125          [(2)] (5) The principles in [Subsection] Subsections (1) through (3) shall govern
126     interpretation and implementation of this chapter.