17-33-5 - Office of personnel management -- Director -- Appointment and responsibilities -- Personnel rules.
17-33-5. Office of personnel management -- Director -- Appointment andresponsibilities -- Personnel rules.
(1) (a) (i) Each county executive shall:
(A) create an office of personnel management, administered by a director of personnelmanagement; and
(B) ensure that the director is a person with proven experience in personnel management.
(ii) Except as provided in Subsection (1)(b), the position of director of personnelmanagement shall be:
(A) a merit position; and
(B) filled as provided in Subsection (1)(a)(iii).
(iii) Except as provided in Subsection (1)(b), the career service council shall:
(A) advertise and recruit for the director position in the same manner as for meritpositions;
(B) select three names from a register; and
(C) submit those names as recommendations to the county legislative body.
(iv) Except as provided in Subsection (1)(b), the county legislative body shall select aperson to serve as director of the office of personnel management from the names submitted to itby the career service council.
(b) (i) Effective for appointments made after May 1, 2006, and as an alternative to theprocedure under Subsections (1)(a)(ii), (iii), and (iv) and at the county executive's discretion, thecounty executive may appoint a director of personnel management with the advice and consent ofthe county legislative body.
(ii) The position of each director of personnel management appointed under thisSubsection (1)(b) shall be a merit exempt position.
(iii) A director of personnel management appointed under this Subsection (1)(b) may beterminated by the county executive with the consent of the county legislative body.
(2) The director of personnel management shall:
(a) encourage and exercise leadership in the development of expertise in personneladministration within the several departments, offices, and agencies in the county service andmake available the facilities of the office of personnel management to this end;
(b) advise the county legislative and executive bodies on the use of human resources;
(c) develop and implement programs for the improvement of employee effectiveness,such as training, safety, health, counseling, and welfare;
(d) investigate periodically the operation and effect of this law and of the policies madeunder it and report findings and recommendations to the county legislative body;
(e) establish and maintain records of all employees in the county service, setting forth asto each employee class, title, pay or status, and other relevant data;
(f) make an annual report to the county legislative body and county executive regardingthe work of the department; and
(g) apply and carry out this law and the policies under it and perform any other lawfulacts that are necessary to carry out the provisions of this law.
(3) (a) (i) The director shall recommend personnel rules for the county.
(ii) The county legislative body may:
(A) recommend personnel rules for the county; and
(B) approve, amend, or reject personnel rules before they are adopted.
(b) The rules shall provide for:
(i) recruiting efforts to be planned and carried out in a manner that assures opencompetition, with special emphasis to be placed on recruiting efforts to attract minorities,women, persons with a disability as defined by and covered under the Americans withDisabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially underrepresentedin the county work force to help assure they will be among the candidates from whomappointments are made;
(ii) the establishment of job related minimum requirements wherever practical, that allsuccessful candidates shall be required to meet in order to be eligible for consideration forappointment or promotion;
(iii) selection procedures that include consideration of the relative merit of each applicantfor employment, a job related method of determining the eligibility or ineligibility of eachapplicant, and a valid, reliable, and objective system of ranking eligible applicants according totheir qualifications and merit;
(iv) certification procedures that insure equitable consideration of an appropriate numberof the most qualified eligible applicants based on the ranking system;
(v) appointments to positions in the career service by selection from the most qualifiedeligible applicants certified on eligible lists established in accordance with Subsections (3)(b)(iii)and (iv);
(vi) noncompetitive appointments in the occasional instance where there is evidence thatopen or limited competition is not practical, such as for unskilled positions that have nominimum job requirements;
(vii) limitation of competitions at the discretion of the director for appropriate positionsto facilitate employment of qualified applicants with a substantial physical or mental impairment,or other groups protected by Title VII of the Civil Rights Act;
(viii) permanent appointment for entry to the career service that shall be contingent uponsatisfactory performance by the employee during a period of six months, with the probationaryperiod extendable for a period not to exceed six months for good cause, but with the conditionthat the probationary employee may appeal directly to the council any undue prolongation of theperiod designed to thwart merit principles;
(ix) temporary, provisional, or other noncareer service appointments, which may not beused as a way of defeating the purpose of the career service and may not exceed 270 days;
(x) lists of eligible applicants normally to be used, if available, for filling temporarypositions, and short term emergency appointments to be made without regard to the otherprovisions of law to provide for maintenance of essential services in an emergency situationwhere normal procedures are not practical, these emergency appointments not to exceed 270days;
(xi) promotion and career ladder advancement of employees to higher level positions andassurance that all persons promoted are qualified for the position;
(xii) recognition of the equivalency of other merit processes by waiving, at the discretionof the director, the open competitive examination for placement in the career service positions ofthose who were originally selected through a competitive examination process in anothergovernmental entity, the individual in those cases, to serve a probationary period;
(xiii) preparation, maintenance, and revision of a position classification plan for allpositions in the career service, based upon similarity of duties performed and responsibilities
assumed, so that the same qualifications may reasonably be required for, and the same scheduleof pay may be equitably applied to, all positions in the same class, the compensation plan, inorder to maintain a high quality public work force, to take into account the responsibility anddifficulty of the work, the comparative pay and benefits needed to compete in the labor marketand to stay in proper alignment with other similar governmental units, and other factors;
(xiv) keeping records of performance on all employees in the career service and requiringconsideration of performance records in determining salary increases, any benefits formeritorious service, promotions, the order of layoffs and reinstatements, demotions, discharges,and transfers;
(xv) establishment of a plan governing layoffs resulting from lack of funds or work,abolition of positions, or material changes in duties or organization, and governingreemployment of persons so laid off, taking into account with regard to layoffs andreemployment the relative ability, seniority, and merit of each employee;
(xvi) establishment of a plan for resolving employee grievances and complaints withfinal and binding decisions;
(xvii) establishment of disciplinary measures such as suspension, demotion in rank orgrade, or discharge, measures to provide for presentation of charges, hearing rights, and appealsfor all permanent employees in the career service to the career service council;
(xviii) establishment of a procedure for employee development and improvement of poorperformance;
(xix) establishment of hours of work, holidays, and attendance requirements in variousclasses of positions in the career service;
(xx) establishment and publicizing of fringe benefits such as insurance, retirement, andleave programs; and
(xxi) any other requirements not inconsistent with this law that are proper for itsenforcement.
Amended by Chapter 128, 2009 General Session