67-5-8 - Eligibility for career service status.
67-5-8. Eligibility for career service status.
(1) (a) The attorney general has sole authority to determine who may be employed withthe Office of the Attorney General.
(b) An employee of the state or any of its departments or agencies has no claim or rightto a position in the attorney general's office by virtue of that employment.
(2) (a) An employee of the Office of the Attorney General shall be placed in a careerservice status if:
(i) for an employee who is an attorney, the attorney is a member in good standing of theUtah State Bar Association; and
(ii) except as provided in Subsection (3), the employee has been employed by the Officeof the Attorney General as a probationary employee for a period of:
(A) at least one year but no more than 18 months; or
(B) in the case of investigators, at least 18 months, but no more than two years.
(b) An employee now employed by the attorney general's office in career service may notbe terminated under this chapter except for cause.
(3) (a) The attorney general shall determine whether an employee should be grantedcareer service status.
(b) If, at the end of the probationary period established under Subsection (2), the attorneygeneral determines that an employee should be granted career service status, the attorney generalshall notify the employee in writing of that decision and place a copy of the notification in theemployee's personnel file.
(c) If the attorney general determines that career service status should not be granted, theattorney general may either terminate the employee or extend the probationary period for a periodnot to exceed one year.
(d) The attorney general shall notify the employee in writing of that decision and place acopy of the notification in the employee's personnel file.
(e) An employee terminated under this section has no appeal rights under this chapter.
(4) (a) An attorney in career service status under this chapter shall retire upon attainingthe age of 70 years.
(b) Subject to the provisions of Section 49-11-504, an attorney required to retire underthis section may be employed by the attorney general, after retirement, as a special assistantattorney general.
(c) An attorney employed in the capacity of a special assistant under Subsection (4)(b) isnot in career service status and is subject to termination in accordance with Section 67-5-12.
Amended by Chapter 166, 2007 General Session