Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 477 First Substitute (2024GS)

Sponsor

Rep. Birkeland, K.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires paid administrative leave for a school employee who is the subject of a criminal investigation;
• if the criminal investigation substantiates wrongdoing, requires:
• the local school board to take further employment action; and
• the employee to pay back all salary compensation that the employee received during the leave period; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIMINAL INVESTIGATIONS OF SCHOOL EMPLOYEES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
 Daniel McCay
LONG TITLE
General Description:
This bill requires certain administrative leave for school employees who are the subject
of a criminal investigation.
Highlighted Provisions:
This bill:
▸ requires paid administrative leave for a school employee who is the subject of a
criminal investigation;
▸ if the criminal investigation substantiates wrongdoing, requires:
• the local school board to take further employment action; and
• the employee to pay back all salary compensation that the employee received
during the leave period; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-11-202
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-11-202
 is amended to read:
53G-11-202.
Employment of school personnel -- Length of contract --
Termination for cause -- Individual contract of employment -- Employee
acknowledgment of liability protection -- Leave pending criminal investigation.
(1) A local school board may enter into a written employment contract for a term not to
exceed five years.
(2) Nothing in the terms of the contract shall restrict the power of a local school board
to terminate the contract for cause at any time.
(3) (a) A local school board may not enter into a collective bargaining agreement that
prohibits or limits individual contracts of employment.
(b) Subsection (3)(a) does not apply to an agreement that was entered into before May
5, 2003.
(4) Each local school board shall:
(a) ensure that each employment contract complies with the requirements of Section
34-32-1.1
;
(b) comply with the requirements of Section 
34-32-1.1
 in employing any personnel,
whether by employment contract or otherwise; and
(c) ensure that at the time an employee enters into an employment contract, the 
employee shall sign a separate document acknowledging that the employee:
(i) has received:
(A) the disclosure required under Subsection 
63A-4-204
(4)(d) if the school district
participates in the Risk Management Fund; or
(B) written disclosure similar to the disclosure required under Section 
63A-4-204
 if the
school district does not participate in the Risk Management Fund; and
(ii) understands the legal liability protection provided to the employee and what is not
covered, as explained in the disclosure.
(5) (a) (i) If a local school board has actual or constructive knowledge that an employee
is the subject of an ongoing criminal investigation related to an offense against a minor
described in Subsection 
30-5a-103
(10), the local school board shall place the employee on
administrative leave.
(ii) If a local school board places an employee on administrative leave as described in
Subsection (5)(a)(i), the local school board shall:
(A) maintain the confidentiality of the reason for the administrative leave; and
(B) ensure that the employee remains on administrative leave until the local school
board alters the employment circumstances under Subsection (5)(b) or (c).
(b) The local school board shall provide the employee the opportunity to return to
regular work if the investigation described in Subsection (5)(a):
(i) concludes without leading to criminal charges; or
(ii) does not result in the conviction of the employee.
(c) If the investigation results in the conviction of the employee:
(i) the local school board shall take further employment action in response to the
conviction, including leave without pay or termination; and
(ii) the employee shall pay back all salary compensation that the employee received
during the paid administrative leave period described in Subsection (5)(a).
(6) There is a rebuttable presumption that the administrative leave described in
Subsection (5)(a) is paid leave, unless the local school board has established criteria regarding
the circumstances under which the administrative leave may be unpaid leave.
(7) (a) Nothing in this section restricts the power of a local school board to take
employment action against the employee beyond the action described in Subsection (5) while
the employee is under criminal investigation, regardless of whether the employment action is
related to the basis for the criminal investigation, including termination for cause based on:
(i) a violation of work policies;
(ii) a violation of local school board policies, state board rule, or law;
(iii) a violation of standards of ethical, moral, or professional conduct; or
(iv) insubordination.
(b) If the local school board determines that the actions of the employee justify
termination for cause, the local school board may terminate the employee and cease paid leave
upon the termination.
Section 2. 
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.