Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 466 Second Substitute (2023GS)

Sponsor

Rep. Christofferson, K.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies provisions relating to career service status of employees of the Office of the Attorney General;
• provides that employees hired after a specified date may not be given career service status;
• provides for certain employees to voluntarily elect to convert to a position with career service exempt status;
• authorizes the attorney general to adopt a policy for a review process for an employee in a career service exempt status who is recommended to be suspended, demoted, or dismissed;
• requires the attorney general to adopt a pay for performance plan and provides for the features of a plan; and
• makes technical changes.

Every vote on this bill

Bill text

OFFICE OF THE ATTORNEY GENERAL EMPLOYMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions relating to employees of the Office of the Attorney
General.
Highlighted Provisions:
This bill:
▸ modifies provisions relating to career service status of employees of the Office of
the Attorney General;
▸ provides that employees hired after a specified date may not be given career service
status;
▸ provides for certain employees to voluntarily elect to convert to a position with
career service exempt status;
▸ authorizes the attorney general to adopt a policy for a review process for an
employee in a career service exempt status who is recommended to be suspended,
demoted, or dismissed;
▸ requires the attorney general to adopt a pay for performance plan and provides for
the features of a plan; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
67-5-7
, as last amended by Laws of Utah 2021, Chapter 344
67-5-8
, as last amended by Laws of Utah 2012, Chapter 101
67-5-9
, as last amended by Laws of Utah 2007, Chapter 166
67-5-12
, as last amended by Laws of Utah 2012, Chapter 369
67-5-13
, as last amended by Laws of Utah 2007, Chapter 166
ENACTS:
67-5-10.5
, Utah Code Annotated 1953
67-5-11.5
, Utah Code Annotated 1953
REPEALS:
67-5-6
, as enacted by Laws of Utah 1973, Chapter 185
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
67-5-7
 is amended to read:
67-5-7.
Establishment of employment system.
(1) The purpose of this [
chapter
] 
section and Sections 
67-5-8
, 
67-5-9
, 
67-5-10
,
67-5-10.5
, 
67-5-11
, 
67-5-11.5
, 
67-5-12
, and 
67-5-13
 is to establish [
a career service
] 
an
employment
 system for employees of the Office of the Attorney General that will attract and
retain employees of proven ability and experience who will devote their full time to the service
of the state.
(2) The Office of the Attorney General may adopt policies necessary to implement this
[
chapter
] 
section and Sections 
67-5-8
, 
67-5-9
, 
67-5-10
, 
67-5-10.5
, 
67-5-11
, 
67-5-11.5
, 
67-5-12
,
and 
67-5-13
, including personnel and work policies different from those made by the Division
of Human Resource Management.
Section 2. Section 
67-5-8
 is amended to read:
67-5-8.
Eligibility for career service status.
(1) (a) The attorney general has sole authority to determine who may be employed with
the Office of the Attorney General.
(b) An employee of the state or any of its departments or agencies has no claim or right
to a position in the [
attorney general's office
] 
Office of the Attorney General
 by virtue of that
employment.
(2) (a) An employee of the Office of the Attorney General shall be placed in a career
service status if:
(i) the employee successfully completes the probationary period under Subsection
(2)(a)(iii) before the effective date of this section;
[
(i)
] 
(ii)
 for an employee who is an attorney, the attorney is a member in good standing
of the Utah State Bar Association; and
[
(ii)
] 
(iii)
 except as provided in Subsection (3), the employee has been employed by the
Office of 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
] 
Office of the
Attorney General with
 career service 
status
 may not be terminated under this chapter except for
cause.
(3) (a) The attorney general shall determine whether an employee 
hired before the
effective date of this section
 should be granted career service status
, subject to the employee
completing an applicable probationary period before the effective date of this section
.
(b) If, at the end of the probationary period established under Subsection (2), the
attorney general determines that an employee should be granted career service status, the
attorney general shall notify the employee in writing of that decision and place a copy of the
notification in the employee's personnel file.
(c) If the attorney general determines that career service status should not be granted,
the attorney general
:
(i)
 may either terminate the employee or extend the probationary period for a period
not to exceed one year[
.
]
; and
[
(d) The attorney general
]
(ii)
 shall
:
(A)
 notify the employee in writing of [
that decision and
] 
the attorney general's
determination; and
(B)
 place a copy of the notification in the employee's personnel file.
[
(e)
] 
(d)
 An employee terminated under [
this section
] 
Subsection (3)(c)
 has no appeal
rights under this [
chapter.
] 
section and Sections 
67-5-7
, 
67-5-9
, 
67-5-10
, 
67-5-11
, 
67-5-12
, and
67-5-13
.
(4) An employee of the Office of the Attorney General hired on or after the effective
date of this section may not be given career service status.
Section 3. Section 
67-5-9
 is amended to read:
67-5-9.
Reassignment of career status employees -- Additional compensation for
managerial assignments -- Employment of special assistant attorneys general --
Termination of employees -- Salary increases.
[
This chapter does
] 
(1) This section and Sections 
67-5-7
, 
67-5-8
, 
67-5-10
, 
67-5-10.5
,
67-5-11
, 
67-5-11.5
, 
67-5-12
, and 
67-5-13
 do
 not affect the authority of the attorney general to:
[
(1)
] 
(a)
 assign [
and
] 
or
 reassign [
employees
] 
an employee
 in a career 
service
 status to
a
 different [
positions on his staff. The salary of an employee reassigned to a different position
shall not be decreased by reason of reassignment; except that if the employee reassigned
occupies the position of chief deputy attorney general, the salary may be reduced by not more
than 15% upon the assignment to a different position;
] 
position on the attorney general's staff,
subject to Subsection (2);
[
(2)
] 
(b)
 develop a plan for additional compensation for 
a
 career 
service
 status
[
employees who accept managerial assignments
] 
employee who accepts a managerial
assignment
 within the office[
. The provisions of Subsection (1) notwithstanding, the attorney
general may discontinue any additional compensation if the employee no longer holds a
managerial assignment. Additional compensation provided under this section shall be
determined by the attorney general pursuant to the plan developed by the Office of the Attorney
General. If the employee no longer holds a managerial assignment, and the attorney general
decides to discontinue any additional compensation, the reduction may not place the employee
at a salary below where the employee would be through normal salary increases if the
employee had not been in a managerial position
]
, subject to Subsection (3)
;
[
(3)
] 
(c)
 employ special assistant attorneys general, who [
shall not be
] 
are not
 subject
to this [
chapter
] 
section or Section 
67-5-7
, 
67-5-8
, 
67-5-10
, 
67-5-10.5
, 
67-5-11
, 
67-5-11.5
,
67-5-12
, or 
67-5-13
, to represent the state in particular lawsuits or to handle particular legal
matters for the state;
[
(4)
] 
(d)
 terminate the employment of any employee of the Office of the Attorney
General who is not in a career service status; or
[
(5)
] 
(e)
 establish the salary or determine salary increases of any employee [
under this
chapter.
] 
of the Office of the Attorney General.
(2) (a) Except as provided in Subsection (2)(b), the salary of an employee in a career
service status who is reassigned to a different position in the Office of the Attorney General
may not be decreased because of the reassignment.
(b) The salary of an employee in a career service status who is reassigned to a different
position in the Office of the Attorney General may be reduced by not more than 15% upon the
reassignment if the employee's position before the reassignment is chief deputy attorney
general.
(3) (a) Any additional compensation paid to an employee holding a managerial
assignment shall be determined by the attorney general pursuant to the plan developed by the
Office of the Attorney General under Subsection (1)(b).
(b) (i) Subject to Subsection (3)(b)(ii), if the attorney general reassigns an employee
who holds a managerial position and who is paid additional compensation because of the
managerial position to a position that is not a managerial position, the attorney general may
discontinue the employee's additional compensation.
(ii) A discontinuance of additional compensation under Subsection (3)(b)(i) may not
result in the employee being paid a salary lower than the salary the employee would have been
paid, considering normal salary increases, if the employee had not been in a managerial
position.
Section 4. Section 
67-5-10.5
 is enacted to read:
 67-5-10.5.
Career service employees -- Election to convert to a career service
exempt status -- Adoption of policy for review process for career service exempt status
employees.
(1) As used in this section:
(a) "Career service exempt status" is the employment status of an employee who is
exempt from the career service provisions of Sections 
67-5-7
, 
67-5-8
, 
67-5-9
, 
67-5-10
,
67-5-11
, 
67-5-12
, and 
67-5-13
.
(b) "Eligible employee" is an employee:
(i) who, before the effective date of this section, is given career service status; or
(ii) (A) who was hired before the effective date of this section for a career service
status position;
(B) whose position is subject to a probationary period of service described in
Subsection 
67-5-8
(2)(a); and
(C) who, on the effective date of this section, has not yet completed the probationary
period of service.
(c) "Employee" means an individual employed by the Office of the Attorney General.
(2) An employee who, on the effective date of this section, is a career service employee
remains a career service employee unless the employee voluntarily elects to convert to career
service exempt status before March 30, 2024.
(3) The attorney general shall disseminate to each eligible employee information on
financial and other incentives for the eligible employee's voluntary election to convert to career
service exempt status.
(4) The attorney general may adopt a policy to implement a review process for an
employee in career service exempt status who is recommended to be suspended, demoted, or
dismissed from employment.
Section 5. Section 
67-5-11.5
 is enacted to read:
 67-5-11.5.
Pay for performance plan.
(1) As used in this section, "pay for performance plan" means a plan:
(a) for incentivizing an employee to meet or exceed production or performance goals;
(b) that is established before work begins;
(c) under which specific goals and targets for the employee are determined and
measurement procedures are in place; and
(d) that includes features described in Subsection (2).
(2) A pay for performance plan shall include:
(a) guidelines and criteria for performance policies and to administer pay based on an
employee's performance in furtherance of the mission of the Office of the Attorney General;
(b) employee performance ratings;
(c) requirements for written employee performance standards and expectations;
(d) supervisor verbal and written feedback based on the standards of performance and
behavior outlined in an employee's performance plan; and
(e) quarterly written evaluation of an employee's performance.
(3) No later than July 1, 2023, the attorney general shall:
(a) adopt a pay for performance plan; and
(b) subject to available funds and as necessary, adjust an employee's wage to reflect:
(i) subject to Subsection (4)(b), the salary range of the position classified plan for the
employee's position; and
(ii) an increase, decrease, or no change in the employee's wage:
(A) commensurate with an employee's performance as reflected by the evaluation
conducted in accordance with the pay for performance plan; and
(B) in an amount that is in accordance with the guidelines and criteria established for a
wage change in the pay for performance plan.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
attorney general shall make rules:
(a) for the administration of a pay for performance plan; and
(b) authorizing an employee with career service status to receive a wage that exceeds
the salary range of the employee's career service status position if warranted based on the
employee's performance rating.
Section 6. Section 
67-5-12
 is amended to read:
67-5-12.
Dismissal of career service status employees -- Causes -- Procedure --
Retention roster -- Reappointment register.
(1) (a) Employees in a career 
service
 status may be dismissed only:
(i) to advance the good of public service;
(ii) where funds have expired or work no longer exists; or
(iii) for any of the following causes or reasons:
(A) noncompliance with provisions in the Office of Attorney General policy manual, or
division policies, and, for attorneys, noncompliance with the Rules of Professional Conduct;
(B) work performance that is inefficient or incompetent;
(C) failure to maintain skills and adequate performance levels;
(D) insubordination or disloyalty to the orders of a superior;
(E) misfeasance, malfeasance, or nonfeasance;
(F) failure to advance the good of the public service, including conduct on or off duty
which demeans or harms the effectiveness or ability of the office to fulfill its mission or legal
obligations;
(G) conduct on or off duty which creates a conflict of interest with the employee's
public responsibilities or impact that employee's ability to perform his or her job assignments;
(H) any incident involving intimidation, physical harm, threats of physical harm
against coworkers, management, or the public;
(I) failure to meet the requirements of the position;
(J) dishonesty; or
(K) misconduct.
(b) Employees in career 
service
 status may not be dismissed for reasons of race,
national origin, religion, or political affiliation.
(2) Except in aggravated cases of misconduct, an employee in a career 
service
 status
may not be suspended, demoted, or dismissed without the following procedures:
(a) The attorney general or a designated representative shall notify the employee of the
reasons for suspension, demotion, or dismissal.
(b) The employee shall have an opportunity to reply and have the reply considered by
the attorney general or a designated representative.
(c) The employee shall have an opportunity to be heard by the attorney general or a
designated representative.
(d) Following a hearing, an employee may be suspended, demoted, or dismissed if the
attorney general or a designated representative finds adequate reason.
(e) If the attorney general or a designated representative finds that retention of an
employee would endanger the peace and safety of others or pose a grave threat to the public
interest, the employee may be summarily suspended pending administrative hearings and a
review by the Career Service Review Office.
(3) (a) An employee in a career 
service
 status who is aggrieved by a decision of the
attorney general or a designated representative to suspend, demote, or dismiss the employee
may appeal the decision to the Career Service Review Office or its hearing officers by
following the procedures in Title 67, Chapter 19a, Grievance Procedures.
(b) Matters other than dismissal or demotion may be appealed to and reviewed by the
attorney general or a designated representative whose decision is final with no right of appeal
to the Career Service Review Office or its hearing officers.
(4) Disciplinary actions shall be supported by credible evidence, but the normal rules
of evidence in courts of law do not apply in hearings before the attorney general or a designated
representative or the Career Service Review Office or its hearing officers.
(5) (a) Reductions in force required by reinstatement of an employee under Section
67-5-11
, inadequate funds, change of workload, or lack of work shall be governed by a
retention roster to be maintained by the Office of the Attorney General and the requirements of
this Subsection (5).
(b) Except attorney general executive or administrative appointees, employees not in a
career 
service
 status shall be separated before any employee in a career 
service
 status.
(c) Retention points for each employee in a career 
service
 status shall be based on the
employee's seniority in service within each employee category in the Office of the Attorney
General, including any military service fulfilled subsequent to the employee's original
appointment.
(d) Employees in career 
service
 status shall be separated in the order of their retention
points, the employee with the lowest points to be discharged first.
(e) Those employees who are serving in other positions under Section 
67-5-11
 shall:
(i) have retention points determined as if they were working for the office; and
(ii) be separated in the order of the retention points as if they were working in the
Office of the Attorney General.
(f) An employee in a career 
service
 status who is separated by reason of a reduction in
force shall be:
(i) placed on a reappointment register kept by the Office of the Attorney General for
one year; and
(ii) offered reappointment to a position in the same category in the Office of the
Attorney General before any employee not having a career 
service
 status is appointed.
Section 7. Section 
67-5-13
 is amended to read:
67-5-13.
Limitations on political activities by career service status employees.
(1) An employee in a career 
service
 status may not, while in a pay status, be a state or
federal officer in any partisan political party organization or in any statewide partisan political
campaign. The employee, however, may be an officer or delegate in a partisan political party
organization at a county or inferior level or a delegate at a state or national level.
(2) An employee in career 
service
 status may not be a candidate for any partisan
political office, but upon application to the attorney general the employee shall be granted a
leave of absence without pay but without loss of existing seniority to participate in a partisan
political campaign either as an officer or as a candidate. Time spent during the political leave
shall not be counted for seniority purposes as being in service. For the purposes of this section,
an employee is not considered to be a candidate until the primary elections have been held.
(3) An employee in career 
service
 status may not engage in political activity during the
hours of employment, nor may any person solicit political contributions from any employee in
career 
service
 status during hours of employment or through state facilities or in any manner
impose assessments on them for political purposes; but nothing in this section shall preclude
voluntary contributions to a candidate or a political party.
(4) Partisan political activity shall not be a basis for employment, promotion,
demotion, or dismissal. Any violation of this section may lead to disciplinary action against
the employee, which may consist of reprimand, suspension, demotion, or termination as
determined by the attorney general.
(5) This section shall not be construed to permit partisan political activity by any
employee in career 
service
 status who is prevented or restricted from engaging in this political
activity by the provisions of any federal act or the rules and regulations promulgated under it.
Section 8. 
Repealer.
This bill repeals:
Section 
67-5-6
,
Attorney General Career Service Act -- Citation.
Section 9. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.