63F-1-106 - Executive director -- Jurisdiction over divisions and office directors -- Authority.
63F-1-106. Executive director -- Jurisdiction over divisions and office directors --Authority.
(1) The executive director of the department has administrative jurisdiction over eachdivision and office in the department and the division and office directors. The executivedirector may make changes in personnel and service functions in the divisions under thedirector's administrative jurisdiction, and authorize designees to perform appropriateresponsibilities, to effectuate greater efficiency and economy in the operations of the departmentas permitted by this section.
(2) The executive director may establish offices and bureaus to perform functions such asbudgeting, planning, and personnel administration to facilitate management of the department.
(3) The executive director may hire employees in the department, divisions, and officesas permitted by department resources. Except as provided in Subsection (4), any employees ofthe department are exempt from career service or classified service status as provided in Section67-19-15.
(4) (a) An employee of an executive branch agency who was a career service employeeas of July 1, 2005 who is transferred to the Department of Technology Services continues in theemployee's career service status during the employee's service to the Department of TechnologyServices if the duties of the position in the new department are substantially similar to those inthe employee's previous position.
(b) A career service employee transferred to the new department under the provisions ofSubsection (4)(a), whose duties or responsibilities subsequently change, may not be converted toexempt status without the review process required by Subsection 67-19-15(3).
(c) The executive director shall work with executive branch agency directors, during theperiod of transition to the new department, in good faith, to:
(i) preserve relevant career service positions;
(ii) retain qualified employees in non-relevant positions through transfers to otherpositions in state government, with retraining as necessary; and
(iii) promote greater economy and efficiencies for the department.
(d) The Department of Technology Services together with the Department of HumanResource Management may develop financial and other incentives to encourage a career serviceemployee who transfers to the department under the provisions of Subsection (4)(a) tovoluntarily convert to an exempt position under Section 67-19-15.
(e) If a career service employee transfers to the department under the provisions ofSubsection (4)(a) and terminates his employment with the department for any reason, theemployment position shall be exempt from career service status under the provisions ofSubsection (3).
Enacted by Chapter 169, 2005 General Session