63A-17-301.  Career service — Exempt positions — Schedules for civil service positions — Coverage of career service provisions.

(1)  Except as provided in Subsection (3)(d), the following positions are exempt from the career service provisions of this chapter and are designated under the following schedules:

Terms Used In Utah Code 63A-17-301

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Agency: means any department or unit of Utah state government with authority to employ personnel. See Utah Code 63A-17-102
  • Career service: means positions under schedule B as defined in Section 63A-17-301. See Utah Code 63A-17-102
  • Career service employee: means an employee who has successfully completed a probationary period of service in a position covered by the career service. See Utah Code 63A-17-102
  • Career service status: means status granted to employees who successfully complete probationary periods for competitive career service positions. See Utah Code 63A-17-102
  • Department: means the Department of Government Operations. See Utah Code 63A-1-103
  • Director: means the director of the division. See Utah Code 63A-17-102
  • Disability: means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 42 U. See Utah Code 63A-17-102
  • Division: means the Division of Human Resource Management, created in Section 63A-17-105. See Utah Code 63A-17-102
  • Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
  • Ex officio: Literally, by virtue of one's office.
  • Person: means :Utah Code 68-3-12.5
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probationary employee: means an employee serving a probationary period in a career service position but who does not have career service status. See Utah Code 63A-17-102
  • Probationary period: means that period of time determined by the division that an employee serves in a career service position as part of the hiring process before career service status is granted to the employee. See Utah Code 63A-17-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Veteran: means an individual who:Utah Code 68-3-12.5
(a)  schedule AA includes the governor, members of the Legislature, and all other elected state officers;

(b)  schedule AB includes appointed executives and board or commission executives enumerated in Section 67-22-2;

(c)  schedule AC includes all employees and officers in:

(i)  the office and at the residence of the governor;

(ii)  the Public Lands Policy Coordinating Office;

(iii)  the Office of the State Auditor; and

(iv)  the Office of the State Treasurer;

(d)  schedule AD includes employees who:

(i)  are in a confidential relationship to an agency head or commissioner; and

(ii)  report directly to, and are supervised by, a department head, commissioner, or deputy director of an agency or its equivalent;

(e)  schedule AE includes each employee of the State Board of Education that the State Board of Education designates as exempt from the career service provisions of this chapter;

(f)  schedule AG includes employees in the Office of the Attorney General who are under their own career service pay plan under Sections 67-5-7 through 67-5-13;

(g)  schedule AH includes:

(i)  teaching staff of all state institutions; and

(ii)  employees of the Utah Schools for the Deaf and the Blind who are:

(A)  educational interpreters as classified by the division; or

(B)  educators as defined by Section 53E-8-102;

(h)  schedule AN includes employees of the Legislature;

(i)  schedule AO includes employees of the judiciary;

(j)  schedule AP includes all judges in the judiciary;

(k)  schedule AQ includes:

(i)  members of state and local boards and councils appointed by the governor and governing bodies of agencies;

(ii)  a water commissioner appointed under Section 73-5-1;

(iii)  other local officials serving in an ex officio capacity; and

(iv)  officers, faculty, and other employees of state universities and other state institutions of higher education;

(l)  schedule AR includes employees in positions that involve responsibility:

(i)  for determining policy;

(ii)  for determining the way in which a policy is carried out; or

(iii)  of a type not appropriate for career service, as determined by the agency head with the concurrence of the director;

(m)  schedule AS includes any other employee:

(i)  whose appointment is required by statute to be career service exempt;

(ii)  whose agency is not subject to this chapter; or

(iii)  whose agency has authority to make rules regarding the performance, compensation, and bonuses for its employees;

(n)  schedule AT includes employees of the Division of Technology Services, designated as executive/professional positions by the director of the Division of Technology Services with the concurrence of the director of the division;

(o)  schedule AU includes patients and inmates employed in state institutions;

(p)  employees of the Department of Workforce Services, designated as schedule AW:

(i)  who are temporary employees that are federally funded and are required to work under federally qualified merit principles as certified by the director; or

(ii)  for whom substantially all of their work is repetitive, measurable, or transaction based, and who voluntarily apply for and are accepted by the Department of Workforce Services to work in a pay for performance program designed by the Department of Workforce Services with the concurrence of the director of the division;

(q)  subject to Subsection (6), schedule AX includes employees in positions that:

(i)  require the regular supervision and performance evaluation of one or more other employees; and

(ii)  are not designated exempt from career service under any other schedule described in this Subsection (1); and

(r)  for employees in positions that are temporary, seasonal, time limited, funding limited, or variable hour in nature, under schedule codes and parameters established by the division by administrative rule.

(2)  The civil service shall consist of two schedules as follows:

(a) 

(i)  Schedule A is the schedule consisting of positions under Subsection (1).

(ii)  Removal from any appointive position under schedule A, unless otherwise regulated by statute, is at the pleasure of the appointing officers without regard to tenure.

(b)  Schedule B is the competitive career service schedule, consisting of:

(i)  all positions filled through competitive selection procedures as defined by the director; or

(ii)  positions filled through a division approved on-the-job examination intended to appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter 10, Veterans Preference.

(3) 

(a)  The director, after consultation with the heads of concerned executive branch departments and agencies and with the approval of the governor, shall allocate positions to the appropriate schedules under this section.

(b)  Agency heads shall make requests and obtain approval from the director before changing the schedule assignment and tenure rights of any position.

(c)  Unless the director’s decision is reversed by the governor, when the director denies an agency’s request, the director’s decision is final.

(d) 

(i)  An agency may file with the division a request to reschedule a position that would otherwise be scheduled as a schedule A position.

(ii)  The division shall review a request filed under Subsection (3)(d)(i) and approve the request only if the exception is necessary to conform to a requirement imposed as a condition precedent to receipt of federal funds or grant of a tax benefit under federal law.

(4) 

(a)  Compensation for employees of the Legislature shall be established by the directors of the legislative offices in accordance with Section 36-12-7.

(b)  Compensation for employees of the judiciary shall be established by the state court administrator in accordance with Section 78A-2-107.

(c)  Compensation for officers, faculty, and other employees of state universities and institutions of higher education shall be established as provided in Title 53B, Chapter 1, Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of Higher Education.

(d)  Unless otherwise provided by law, compensation for all other schedule A employees shall be established by their appointing authorities, within ranges approved by, and after consultation with the director.

(5)  An employee who is in a position designated schedule AC and who holds career service status on June 30, 2010, shall retain the career service status if the employee:

(a)  remains in the position that the employee is in on June 30, 2010; and

(b)  does not elect to convert to career service exempt status in accordance with a rule made by the division.

(6) 

(a)  An employee who is hired for a schedule AX position on or after July 1, 2022, is exempt from career service status.

(b)  An employee who before July 1, 2022, is a career service employee employed in a schedule B position that is rescheduled to a schedule AX position on July 1, 2022, shall maintain the employee’s career service status for the duration of the employee’s employment in the same position unless the employee voluntarily converts to career service exempt status before July 1, 2023.

(c) 

(i)  Subject to Subsection (6)(c)(ii), an employee is exempt from career service status if:

(A)  before July 1, 2022, the employee was a probationary employee in a schedule B position and had not completed the probationary period; and

(B)  on July 1, 2022, the schedule B position in which the probationary employee is employed is rescheduled as a scheduled AX position.

(ii)  An employee described in Subsection (6)(c)(i):

(A)  is not a probationary employee on or after July 1, 2022; and

(B)  is exempt from career service status on and after July 1, 2022, unless the employee changes employment to a schedule B position.

(d)  The division shall disseminate to each employee described in Subsection (6)(b) information on financial and other incentives for voluntary conversion to career-service exempt status.

(e)  An agency, as defined in Section 63A-17-112, may adopt a policy, created in consultation with the division, for agency review of recommendations that schedule AX employees be suspended, demoted, or dismissed from employment.

Amended by Chapter 209, 2022 General Session

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