17-75-602. Director of personnel management responsibilities -- Personnel policies.
(1) The director shall:
(a) encourage and exercise leadership in the development of expertise in personnel administration within county departments, offices, and agencies in the county service;
(b) make available the facilities of the office of personnel management to county departments, offices, and agencies for the development of expertise in personnel administration;
(c) advise the county legislative body, county executive, and any county officer on the use of human resources;
(d) develop and implement programs to improve employee effectiveness, including:
(i) training;
(ii) safety;
(iii) health;
(iv) counseling; and
(v) welfare;
(e) establish and maintain records of all employees in the county service that includes each county employee's:
(i) class;
(ii) title;
(iii) pay or status; and
(iv) other relevant data;
(f) make an annual report to the county legislative body and county executive regarding the work of the office;
(g) apply and carry out this chapter and the policies under this chapter; and
(h) perform any other lawful acts that are necessary to carry out the provisions of this chapter.
(2) In a county subject to this chapter:
(a) the director shall recommend personnel policies for the county; and
(b) the county legislative body may:
(i) recommend personnel policies for the county; and
(ii) approve, amend, or reject personnel policies for the county before the personnel policies are adopted.
(3) Personnel policies shall provide for:
(a) recruiting efforts that are planned and carried out in a manner that:
(i) assures open competition; and
(ii) includes recruiting efforts to attract and help assure that individuals belonging to the following groups will be among the candidates from whom appointments are made:
(A) minorities;
(B) women;
(C) individuals with a disability as defined by and covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; or
(D) other groups that are substantially underrepresented in the county workforce;
(b) the establishment of job related minimum requirements, wherever practical, that all successful candidates are required to meet to be eligible for consideration for appointment or promotion;
(c) selection procedures that include:
(i) consideration of the relative merit of each applicant for employment;
(ii) a job related method of determining the eligibility or ineligibility of each applicant for employment; and
(iii) a valid, reliable, and objective system of ranking eligible applicants according to the eligible applicant's qualifications and merit;
(d) certification procedures that ensure equitable consideration of an appropriate number of the most qualified eligible applicants based on the ranking system;
(e) appointments to positions in the career service by selection from the most qualified eligible applicants certified on eligible lists established in accordance with Subsections (3)(c) and (d);
(f) occasional noncompetitive appointments where there is evidence that open or limited competition is not practical, including for unskilled positions that have no minimum job requirements;
(g) limitation of competition at the discretion of the director for appropriate positions to facilitate employment of qualified applicants for employment with:
(i) a substantial physical or mental impairment; or
(ii) other groups protected by Title VII of the Civil Rights Act;
(h)
(i) permanent appointment for entry to the career service that is contingent upon a probationary county employee's satisfactory performance during a six-month probationary period;
(ii) a six-month probationary period that the county may extend for a period not to exceed an additional six months for good cause; and
(iii) an opportunity for a probationary county employee to appeal directly to the council any undue prolonging of the six-month probationary period by the county that is designed to thwart merit principles;
(i) temporary, provisional, or other noncareer service appointments, which may not:
(i) be used to defeat the purpose of the career service; and
(ii) exceed 270 days;
(j) lists of eligible applicants, if available, for filling temporary positions and short-term emergency appointments that:
(i) are made without regard to the other provisions of law;
(ii) provide for maintenance of essential services in an emergency situation where normal procedures are not practical; and
(iii) do not exceed 270 days;
(k)
(i) promotion and career ladder advancement of county employees to higher level positions; and
(ii) assurance that an individual promoted is qualified for the higher level position;
(l) recognition of the equivalency of other merit processes by waiving, at the director's discretion, the open competitive examination for placement in the career service positions of applicants for employment who were originally selected through a competitive examination process in another governmental entity, an individual in those cases, to serve a probationary orientation period;
(m) preparation, maintenance, and revision of a position classification plan for all positions in the career service that:
(i) is based upon similarity of duties performed and responsibilities assumed;
(ii) for all positions in the same class:
(A) reasonably requires the same qualifications; and
(B) equitably applies the same schedule of pay; and
(iii) includes a compensation plan that, to maintain a high quality public workforce, accounts for:
(A) the responsibility and difficulty of the work for each position;
(B) the comparative pay and benefits needed to compete in the labor market;
(C) proper alignment with other similar governmental units; and
(D) other factors;
(n)
(i) keeping records of performance on all county employees in the career service; and
(ii) requiring consideration of performance records in determining:
(A) salary increases;
(B) benefits for meritorious service;
(C) promotions;
(D) the order of layoffs and reinstatements;
(E) demotions;
(F) discharges; and
(G) transfers;
(o) establishment of a plan:
(i) governing layoffs of county employees resulting from:
(A) lack of funds or work;
(B) abolition of positions; or
(C) material changes in duties or organization; and
(ii) governing reemployment of former county employees who the county laid off that takes into account the former county employee's:
(A) relative ability;
(B) seniority; and
(C) merit;
(p) establishment of a plan for resolving employee grievances and complaints with final and binding decisions;
(q) establishment of disciplinary measures including:
(i) suspension;
(ii) demotion in rank or grade;
(iii) discharge; and
(iv) presentation of charges, hearing rights, and appeals for all permanent employees in the career service to the council;
(r) establishment of a procedure for employee development and improvement of poor performance;
(s) establishment of:
(i) hours of work;
(ii) holidays; and
(iii) attendance requirements in various classes of positions in the career service;
(t) establishment and publicizing of fringe benefits including:
(i) insurance;
(ii) retirement; and
(iii) leave programs; and
(u) any other requirements authorized by the county governing body not inconsistent with this chapter that are proper for the chapter's enforcement.
Amended by Chapter 105, 2026 General Session
