Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 139 Second Substitute (2021GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies which municipal employees are subject to certain conditions of employment;
• precludes the Department of Human Resource Management from requiring a minimum educational requirement for employment, except where educational qualifications are legally required to perform the duties of the position;
• requires the Department of Human Resource Management to:
• consider comparable experience or ability as equal to education when determining a candidate's satisfaction of minimum qualifications, with specific exceptions;
• ensure that job descriptions and job postings are based on the skills and competencies required to perform each job; and
• create supporting materials that may be used by a political subdivision that chooses to implement competency-based hiring principles; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GOVERNMENT EMPLOYEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Daniel W. Thatcher
Cosponsor:
Travis M. Seegmiller
LONG TITLE
General Description:
This bill amends provisions related to certain municipal employees and to hiring
principles for certain state government employees.
Highlighted Provisions:
This bill:
▸ clarifies which municipal employees are subject to certain conditions of
employment;
▸ precludes the Department of Human Resource Management from requiring a
minimum educational requirement for employment, except where educational
qualifications are legally required to perform the duties of the position;
▸ requires the Department of Human Resource Management to:
• consider comparable experience or ability as equal to education when
determining a candidate's satisfaction of minimum qualifications, with specific
exceptions;
• ensure that job descriptions and job postings are based on the skills and
competencies required to perform each job; and
• create supporting materials that may be used by a political subdivision that
chooses to implement competency-based hiring principles; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-1105
, as last amended by Laws of Utah 2012, Chapter 321
67-19-3.1
, as last amended by Laws of Utah 2010, Chapter 249
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-1105
 is amended to read:
10-3-1105.
Municipal employees -- Duration and termination of employment --
Exceptions.
(1) (a) Except as provided in Subsection (1)(b) or (2), each employee of a municipality
shall hold employment without limitation of time, being subject to discharge, suspension of
over two days without pay, or involuntary transfer to a position with less remuneration only as
provided in Section 
10-3-1106
.
(b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily
transferred to a position with less remuneration if the discharge or involuntary transfer is the
result of a layoff or reorganization.
(2) Subsection (1)(a) does not apply to:
(a) subject to Subsection (3), a person appointed by the mayor, city manager, or other
person or body with the power to appoint in the municipality if:
(i) the appointment is made in writing;
(ii) the person's written job description identifies the person's position as exempt from
the protections described in Subsection (1)(a); and
(iii) the position is described in an ordinance as exempt from the protections described
in Subsection (1)(a);
(b) a member of the municipality's police department or fire department who is a
member of the classified civil service in a first or second class city;
(c) a person who holds a position described in Subsections (2)(c)(i) through (xii) or an
equivalent position designated in a municipal ordinance or personnel policy:
(i) a police chief of the municipality;
(ii) a deputy or assistant police chief of the municipality;
(iii) a fire chief of the municipality;
(iv) a deputy or assistant fire chief of the municipality;
(v) a head of a municipal department or division;
(vi) a deputy [
of a
] head of a municipal department or division;
(vii) a superintendent;
(viii) a probationary employee of the municipality;
(ix) a part-time employee of the municipality, including paid call firefighters;
(x) a seasonal or temporary employee of the municipality;
(xi) a person who works in the office of an elected official; or
(xii) a secretarial or administrative assistant support position that is specifically
designated as a position to assist an elected official or the head or deputy head of a municipal
department;
(d) an individual appointed to a position under Part 9, Appointed Officials and Their
Duties, including:
(i) the city engineer;
(ii) the city recorder;
(iii) the city treasurer; or
(iv) the city attorney; or
(e) an employee who has:
(i) acknowledged in writing that the employee's employment status is appointed or
at-will; or
(ii) voluntarily waived the procedures required by Section 
10-3-1106
.
(3) In addition to the persons described in Subsections (2)(b) through (e), a
municipality may appoint up to 5% of the municipality's workforce in accordance with
Subsection (2)(a).
(4) Nothing in this section or Section 
10-3-1106
 may be construed to limit a
municipality's ability to define cause for an employee termination or reduction in force.
Section 2. Section 
67-19-3.1
 is amended to read:
67-19-3.1.
Principles guiding interpretation of chapter and adoption of rules --
Merit principles.
(1) The department shall establish a career service system designed in a manner that
will provide for the effective implementation of the following merit principles:
(a) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(b) providing for equitable and competitive compensation;
(c) training employees as needed to assure high-quality performance;
(d) retaining employees on the basis of the adequacy of their performance and
separating employees whose inadequate performance cannot be corrected;
(e) fair treatment of applicants and employees in all aspects of human resource
administration without regard to race, color, religion, sex, national origin, political affiliation,
age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
(f) providing information to employees regarding their political rights and the
prohibited practices under the Hatch Act; and
(g) providing a formal procedure for advancing grievances of employees:
(i) without discrimination, coercion, restraint, or reprisal; and
(ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
agency.
(2) The career service system described in Subsection (1) may not prescribe a
minimum educational requirement for employment, except when a minimum educational
qualification is legally required to perform the duties of the position.
(3) As part of the career service system described in Subsection (1), the department
shall:
(a) consider comparable experience or ability as equal to education in determining a
candidate's satisfaction of minimum qualifications, except when a minimum educational
qualification is legally required to perform the duties of the position; and
(b) ensure that position descriptions and job postings published by agencies for career
service positions are based on the specific skills and competencies required to perform those
jobs.
(4) Within existing resources, the department shall create supporting materials that may
be used by a political subdivision that chooses to implement competency-based hiring
principles that are the same as or similar to those principles described in Subsections (2) and
(3).
[
(2)
] 
(5)
 The principles in [
Subsection
] 
Subsections
 (1) 
through (3)
 shall govern
interpretation and implementation of this chapter.