17-75 - General County Personnel Management
Title 17 > 17-75
Sections (23)
General Provisions
17-75-101 - Definitions.
As used in this chapter:
(1) “Appointed officer” means an individual appointed to:a statutory office or position; ora position of employment with a county, except a special employee.”Appointed officer” includes an individual serving on a special, regular or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual’s services.”Appointed officer” does not include an elected officer.
(2) “Assist” means to act, or offer or agree to act:to help, represent, aid, advise, furnish information to, or otherwise provide assistance to an individual or business entity;believing that the action is of help, aid, advice, or assistance to the individual or business entity; andwith the intent to assist the individual or business entity.
(3) “Authorized legislative day” means:a day on which the Legislature convenes for:the annual general session;a special session;a veto override session; oran interim day, designated by the Legislative Management Committee described in Section 36-12-6;an authorized legislative training day; orany other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;the legislator’s attendance at the meeting is approved by the Legislative Management Committee described in Section 36-12-6; andservice and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7.
(4) “Authorized legislative training day” means a day that a Legislative Expenses Oversight Committee, described in Legislative Joint Rule 5-1-102 or any successor provision, designates as an authorized legislative day for training or informational purposes, including:chair training;an issue briefing;legislative leadership instruction;legislative process training;legislative rules training;new legislator orientation; oranother meeting to brief, instruct, orient, or train a legislator in relation to the legislator’s official duties.
(5) “Business entity” means to conduct business as a:sole proprietorship;partnership;association;joint venture;corporation;firm;trust;foundation;organization; orentity.
(6) “Career service position” means any position in the county service except those exempted under Section 17-75-502.
(7) “Compensation” means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever.
(8) “Council” means the career service council, a bipartisan, three-member appeals and personnel advisory board.
(9) “Director” means the director of personnel management.
(10) “Elected officer” means an individual elected or appointed to an office in the county.
(11) “Eligible applicant” means any applicant for employment that meets the job related minimum requirements established for a position in the career service.
(12) “Eligible list” means a list of eligible applicants for employment ranked in order of relative knowledge, skill, ability and merit.
(13) “Exempt positions” means those positions which are not in the career service as specified in Section 17-75-502.
(14) “Governmental action” means an action on the part of a county including:a decision, determination, finding, ruling, or order;a grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval; orthe denial of, or failure to act upon, a matter described in Subsection (14)(a) or (b).
(15) “Legislator” means:a member of the Utah Senate;a member of the Utah House of Representatives; oran individual who has been elected as a member described in Subsection (15)(a) or (b), but has not yet been sworn in or begun the individual’s term of office.
(16) “Merit system” means a system of personnel administration based on the principles set forth in Section 17-75-402.
(17) “Miscarriage” means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy.
(18) “Officer” means an appointed officer or an elected officer.
(19) “Personnel rules” means the rules the county adopts in accordance with Section 17-75-602.
(20) “Position classification” means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied.
(21) “Provisional appointment” means an appointment to fill a position pending the establishment of a register for such position.
(22) “Retaliatory action” means to:dismiss the employee;reduce the employee’s compensation;fail to increase the employee’s compensation by an amount that the employee is otherwise entitled to or was promised;fail to promote the employee if the employee would have otherwise been promoted; orthreaten to take an action described in Subsections (22)(a) through (d).
(23) “Special employee” means an individual hired on the basis of a contract to perform a special service for the county in accordance with an award of a contract following a public bid.
(24) “Substantial interest” means the ownership, either legally or equitably, by an individual, the individual’s spouse, and the individual’s minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-102 - Compliance with Labor Code requirements.
Each county shall comply with the requirements of Section 34-32-1.1 .
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-103 - Training requirements.
A county shall ensure that any training that the county requires of a county officer or employee complies with Title 63G, Chapter 22, State Training and Certification Requirements .
Renumbered and Amended by Chapter 14, 2025 Special Session 1
County Officer Deputies
17-75-201 - Deputies and employees — Appointments — County legislative body consent power — Liability of principal — Deputy may serve despite vacancy in office of appointing officer.
(1) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the county officer’s office.The county legislative body’s consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by:the budget approval process;approval of an allocation of a certain number of positions; orapproval or disapproval of the hiring of individual applicants for employment.A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1).
(2) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the county clerk with deputies and employees for the business of the district court: as the district court judge or judges consider necessary and advisable; andconsistent with the level of funding for clerk services from the court administrator’s office.
(3) Each county officer appointing a deputy shall, for each deputy appointed:sign a document that states that the county officer appointed the deputy; andfile the signed document with the county clerk.The county officer appointing the deputy is liable for all the deputy’s official acts.If the office of the county officer who appointed the deputy becomes vacant, the deputy may continue to serve despite the vacancy.
(4) A sheriff in a county employing more than 100 full-time uniformed peace officers may, with the consent of the council and the county legislative body, appoint more than one chief deputy or undersheriff.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-202 - Compensation for deputies.
(1) fixed by the county legislative body; and
(2) a county charge.
Enacted by Chapter 14, 2025 Special Session 1
Specific Employee Benefits and Protections
17-75-301 - Counties authorized to make benefits generally available to employees, employee dependents, or an employee’s adult designee — Registry authorized — Limitations.
(1) A county may, by ordinance enacted by the county legislative body, make benefits generally available to: county employees;the dependents of county employees; andan unmarried employee’s financially dependent or interdependent adult designee.
(2) Subject to Subsection (2)(b), a county may, by ordinance enacted by the county legislative body, create a registry for adult relationships of financial dependence or interdependence.A county may not create or maintain a registry or other means that defines, identifies, or recognizes and gives legal status or effect to a domestic partnership, civil union, or domestic cohabitation relationship other than marriage.
(3) The following county actions are not and may not be treated the same as or substantially equivalent to marriage: the county’s recognition of an adult designee;the county’s creation and maintenance of a registry under Subsection (2)(a); andany certificate issued to or other designation of a person on the county’s registry under Subsection (2)(a).
(4) Neither an ordinance under Subsection (1) or (2)(a) nor a registry created under Subsection (2)(a) making an employee benefit available to an adult designee may create, modify, or affect a spousal, marital, or parental status, duty, or right.
(5) An ordinance, executive order, rule, or regulation adopted or other action taken before, on, or after May 5, 2008, that is inconsistent with this section is void.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-302 - Bereavement leave following miscarriage or stillbirth.
(1) following the end of the county employee’s pregnancy by way of miscarriage or stillbirth; or
(2) following the end of another individual’s pregnancy by way of a miscarriage or stillbirth, if:the county employee is the individual’s spouse or partner;the county employee is the individual’s former spouse or partner; andthe county employee would have been a biological parent of a child born as a result of the pregnancy;the county employee provides documentation to show that the individual intended for the employee to be an adoptive parent, as that term is defined in Section 81-13-101, of a child born as a result of the pregnancy; orunder a valid gestational agreement in accordance with Title 81, Chapter 5, Part 8, Gestational Agreement, the county employee would have been a parent of a child born as a result of the pregnancy.
Enacted by Chapter 14, 2025 Special Session 1
17-75-303 - Political activities of employees.
Except as otherwise provided by law or by personnel rules made under this chapter for federally aided programs, county employees may voluntarily participate in political activity subject to the following provisions:
(1) A county may not deny an individual the opportunity to become an applicant for a position under the merit system in any covered county department because of the individual’s political opinions or affiliation.
(2) A county may not dismiss a county employee that is employed under the merit system because of the county employee’s political opinions or affiliation.
(3) A county career service employee may: voluntarily contribute funds to political groups; andbecome a candidate for public office.
(4) A county officer or employee, whether elected or appointed, may not directly or indirectly coerce, command, or advise any officer or employee covered under the merit system to pay, lend, or contribute part of his or her salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes.
(5) A county officer or employee, whether elected or appointed, may not attempt to make any county officer’s or employee’s personnel status dependent upon the county officer’s or employee’s support or lack of support for any political party, committee, organization, agency, or person engaged in a political activity.
(6) A county officer or employee may not engage in political activity during the hours of employment.
(7) A person may not solicit political contributions from county employees during hours of employment for political purposes.
(8) Nothing in this section prohibits a county officer or employee from voluntary contribution to a political party or candidate.
(9) Nothing contained in this chapter may be construed to permit partisan political activity of any county employee who is prevented or restricted from engaging in partisan political activity by the Hatch Act, 5 U.S.C. Sec. 1501 et seq.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-304 - County required to provide leave to a legislator on an authorized legislative day.
(1) Except as provided in Subsection (3), a county that employs an individual who is a legislator:shall grant leave to the individual on an authorized legislative day for the number of hours the individual requests;may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (1)(a); andmay not take retaliatory action against the individual for using the leave described in Subsection (1)(a).
(2) The leave described in Subsection (1) is leave without pay unless the county and the individual described in Subsection (1) agree to terms that are more favorable to the individual.
(3) A county is not required to comply with Subsection (1) if the legislative body of the county determines that complying with the requirement would cause the county significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the county’s operations.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-305 - Leave of absence for county employee seeking election to county office.
(1) A county employee who has filed a declaration of candidacy under Section 20A-9-202 for a county office may, at the county employee’s discretion, take an unpaid leave of absence, subject to applicable employee policies on giving notice before taking leave, for some or all of the period from the filing of the declaration of candidacy until the earliest of:the county employee’s defeat at a primary election;the county employee’s withdrawal as a candidate for the county office; orthe day after the regular general election for which the county employee is a candidate.
(2) Neither the filing of a declaration of candidacy under Section 20A-9-202 nor a leave of absence under Subsection (1) may be used as the basis for any adverse employment action against the employee, including discipline or termination.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Personnel Management - General
17-75-401 - Establishment of merit system — Separate systems for peace officers and firemen recognized — Options of small counties.
(1) A merit system of personnel administration for the counties of the state of Utah, county departments, county offices, and county agencies, except as otherwise specifically provided, is established.
(2) This part recognizes the existence of the merit systems for:county law enforcement officers as provided in Chapter 76, Part 2, Deputy Sheriff Merit System, and Chapter 76, Part 3, Peace Officer Merit System in Counties of the First Class; andcounty firefighters, as provided in Chapter 76, Part 5, Firefighters’ Civil Service Commission.The intent of this part, Part 5, Career Service, and Part 6, Office of Personnel Management, is to give counties the option to use: a single merit system for all county employees; ora merit system in combination with the existing systems described in Subsection (2)(a).
(3) A county that has fewer than 200 employees not covered by other merit systems or not exempt under Section 17-75-502 may comply with the merit system provisions of this chapter.
(4) Notwithstanding the provisions of Subsection (3), any county that complied with the merit system provisions of this chapter prior to May 6, 2002, shall continue to comply with the merit system provisions of this chapter even though the county may not thereafter meet or exceed the threshold requirements of Subsection (3).
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-402 - Merit principles.
It is the policy of this state that each county may establish a personnel system administered in a manner that will provide for the effective implementation of the following merit principles:
(1) recruiting, selecting, and advancing county employees on the basis of relative ability, knowledge, and skills, including open consideration of qualified applicants for employment for initial appointment;
(2) providing equitable and adequate compensation to county employees;
(3) training county employees as needed to assure high-quality performance;
(4) retaining county employees on the basis of the adequacy of the county employee’s performance;
(5) separating from county employees whose inadequate performance cannot be corrected;
(6) treating applicants for employment and county employees fairly in all aspects of personnel administration without regard to: race;color;religion;sex;national origin;political affiliation;age; ordisability;
(7) having proper regard for each county employee’s privacy and constitutional rights as citizens;
(8) providing county employees information regarding a county employee’s political rights and prohibited practices under the Hatch Act; and
(9) providing a formal procedure for processing a county employee’s appeals and grievances without: discrimination;coercion;restraint; orretaliation.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-403 - Grievance and appeals procedure — Employees’ complaints of discriminatory employment practice.
(1) Any county to which the provisions of Part 5, Career Service, and Part 6, Office of Personnel Management, apply shall establish in the county’s personnel rules a grievance and appeals procedure.A grievance and appeals procedure shall be used to resolve disputes arising from grievances as defined in the personnel rules, including acts of discrimination.County employees may use the grievance and appeals procedure if the county employee is: dismissed;demoted;suspended; ortransferred.
(2) A county career service employee that accuses a county of discriminatory or prohibited employment practice as prohibited by Section 34A-5-106, may file a complaint with the Division of Antidiscrimination and Labor created in Section 34A-1-202.A county employee that files a complaint with the Division of Antidiscrimination and Labor shall file the complaint within 30 days after the day on which the council issues a written decision on the county employee’s grievance or appeal.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Career Service
17-75-501 - Career service council — Members and alternate members — Powers and duties — Appeals — Time limit — Qualifications, appointment, terms, and compensation of council members — Career service council authorized to refer an appeal to an administrative law judge.
(1) There shall be in each county establishing a system a service council appointed by the county executive.The members of the council shall be individuals willing to apply merit principles to public employment.The county executive may appoint alternate members of the council to hear appeals that one or more regular council members are unable to hear.The term of an alternate member of the council may not exceed one year.The council shall hear appeals not resolved at lower levels in cases of: career service employees who the county has: suspended;transferred;demoted; ordismissed; andgrievances not resolved by the grievance procedure at the county division or departmental level.The council:may make an initial determination in each appeal whether the appeal is one of the types of matters under Subsection (1)(b) over which the council has jurisdiction;shall, subject to Subsections (9) through (11), review written appeals in cases of applicants rejected for examination and report final binding appeals decisions, in writing, to the county legislative body;may not hear any other personnel matter; andmay affirm, modify, vacate, or set aside an order for disciplinary action.An individual adversely affected by a decision of the council may appeal the decision to the district court.An appeal to the district court under this Subsection (1)(d) is barred unless it is filed within 30 days after the day on which the council issues the council’s decision.If there is a record of the council proceedings, the district court review shall be limited to the record provided by the council.In reviewing a decision of the council, the district court shall presume that the decision is valid and may determine only whether the decision is arbitrary or capricious.
(2) A council member shall serve a term of three years that expires on June 30, three years after the county executive appointed the council member.Notwithstanding Subsection (2)(a), the term for original appointees to a council shall be staggered so that the term of only one council member expires each year.A county executive’s appointment to fill a vacancy on the council shall be for only the unexpired term of the appointee’s successor.Each council member shall hold office until the council member’s successor is appointed and confirmed.The county executive may remove the council member for cause, after: receiving a copy of the charges against the council member; andthe council member has had an opportunity to be heard publicly on the charges before the county legislative body.The county shall annually appropriate adequate funds to enable the council to effectively carry out the council duties under this chapter.
(3) Each county council member and alternate county council member shall be: a citizen of the United States; andfor a period of at least one year before the day on which the council member is appointed, an actual and bona fide resident of: the state of Utah; andthe county .
(4) A council member may not hold another government office or be employed by the county.
(5) The council shall elect a member of the council as chairperson.
(6) Two or more council members constitutes a quorum necessary for carrying on the council’s business and activity.
(7) The council shall have subpoena power to: compel attendance of witnesses; andauthorize witness fees when the council deems appropriate, to be paid at the same rate as in justice courts.
(8) A council member shall receive compensation for attending each day or partial day the council is in session at a per diem rate established in accordance with Section 11-55-103.An alternate council member shall receive compensation for each day or partial day that the alternate council member is required to replace a regular council member, at a per diem rate established in accordance with Section 11-55-103.
(9) A county legislative body may appoint one or more administrative law judges to hear appeals referred by a council under this section.Each administrative law judge shall be trained and experienced in personnel matters.
(10) A council may refer an appeal to an administrative law judge appointed under Subsection (9) if the council determines that the referral is in each party’s best interest.After holding a hearing on an appeal described in Subsection (10)(a), the administrative law judge shall make:findings of fact; anda recommendation to the council.After receiving the administrative law judge’s recommendation, the council may request the administrative law judge to hold a further factual hearing before the council issues a decision.The council may adopt or reject the administrative law judge’s recommendation, whether before or after a further hearing under Subsection (10)(c).
(11) A council shall refer an appeal to an administrative law judge appointed under Subsection (9) if the county employee or county official assigned by the county executive or county legislative body to manage personnel functions requests that the appeal be referred.In an appeal described in Subsection (11)(a), the administrative law judge, not the council, issues a final decision.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-502 - Career service — Exempt positions.
(1) The career service:is a permanent service to which this part applies; andcomprises all tenured county positions in the public service, except:subject to Subsection (2):the county executive, members of the county legislative body, and other elected officials; andeach major county department head charged directly by the county legislative body, or by a board appointed by the county legislative body, with the responsibility of assisting to formulate and carry out policy matters;one confidential secretary for each elected county officer and major county department head, if a confidential secretary is assigned;an administrative assistant to the county executive, each member of the county legislative body, and each elected official, if an administrative assistant is assigned;each duly appointed chief deputy of any elected county officer who takes over and discharges the duties of the elected county officer in the absence or disability of the elected county officer;subject to Subsection (3), an individual who is:appointed by an elected county officer to be a division director, to administer division functions in furtherance of the performance of the elected officer’s professional duties;in a confidential relationship with the elected county officer; andnot in a law enforcement rank position of captain or below;each person employed to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the county legislative body or one of its committees;each noncareer employee:compensated for the employee’s services on a seasonal or contractual basis; andhired on emergency or seasonal appointment basis, as approved by the council;each provisional employee, as defined by the county’s policies and procedures or personnel rules;each part-time county employee, as defined by the county’s policies and procedures or personnel rules;each county employee appointed to perform:work that does not exceed three years in duration; orwork with limited funding; andeach county position that, by the position’s confidential or key policy-determining nature, cannot or should not be appropriately included in the career service.
(2) Before a position under Subsection (1)(b)(i) may be changed from its current status to exempt or tenured, the council shall, after giving due notice, hold a public hearing on the proposed change of status.
(3) Subsection (1)(b)(v) may not be construed to cause an individual serving as a nonexempt county employee on May 5, 2008, in a position described in that subsection to lose the nonexempt status.The elected county officer in a supervisory position over a county employee described in Subsection (3)(a) shall work with the county’s office of personnel management to develop financial and other incentives to encourage a nonexempt employee to convert voluntarily to exempt status.
(4) County policies made in conformity with this part shall list by job title and county department, office or agency, each position designated as exempt under Subsection (1)(b)(xi).A change in exempt status of a position designated as being exempt under Subsection (1)(b)(xi) constitutes an amendment to the personnel rules made under this chapter.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-503 - Acceptance of exempt position by career service employee — Reappointment register.
(1) Any career service employee accepting an appointment to an exempt position who is not retained by the appointing officer, unless discharged for cause as provided by this part or county policies made in conformity with this part, shall:be appointed to any career service position for which the employee qualifies in a pay grade comparable to the employee’s last position in the career service provided an opening exists; orbe appointed to any lesser career service position for which the employee qualifies pending the opening of a position described in Subsection (1) of this section.
(2) The director described in Section 17-75-601 shall maintain a reappointment register to facilitate the operation of this section, which shall have precedence over other registers.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Office of Personnel Management
17-75-601 - County executive creates office of personnel management and appoints the director.
(1) A county executive shall:create an office of personnel management, administered by a director of personnel management; andensure that the director is an individual with proven experience in personnel management.Except as provided in Subsection (2), the director position shall be:a merit position; andfilled as provided in Subsection (1)(c).Except as provided in Subsection (2), the council shall:advertise and recruit for the director position in the same manner as for other merit positions;select three names from an eligible list; andsubmit those names as recommendations to the county legislative body.Except as provided in Subsection (1)(b), the county legislative body shall select an individual to serve as director from the names submitted to it by the council.
(2) As an alternative to the procedure under Subsections (1)(b), (c), and (d), and at the county executive’s discretion, the county executive may appoint a director with the advice and consent of the county legislative body.The position of a director appointed under this Subsection (2) shall be a merit exempt position.A director appointed under this Subsection (2) may be terminated by the county executive with the consent of the county legislative body.
Enacted by Chapter 14, 2025 Special Session 1
17-75-602 - Director of personnel management responsibilities — Personnel policies.
(1) The director shall:encourage and exercise leadership in the development of expertise in personnel administration within county departments, offices, and agencies in the county service;make available the facilities of the office of personnel management to county departments, offices, and agencies for the development of expertise in personnel administration;advise the county legislative body, county executive, and any county officer on the use of human resources;develop and implement programs to improve employee effectiveness, including: training;safety;health;counseling; andwelfare;investigate periodically the operation and effect of this chapter and of the policies made under this chapter; andreport investigation findings and recommendations to the county legislative body;establish and maintain records of all employees in the county servicethat includes each county employee’s: class;title;pay or status; andother relevant data;make an annual report to the county legislative body and county executive regarding the work of the office;apply and carry out this chapter and the policies under this chapter; andperform any other lawful acts that are necessary to carry out the provisions of this chapter.
(2) The director shall recommend personnel policies for the county.The county legislative body may:recommend personnel policies for the county; andapprove, amend, or reject personnel policies for the county before they are adopted.
(3) Personnel policies shall provide for:recruiting efforts that are planned and carried out in a manner that: assures open competition; andplaces special emphasis on recruiting efforts to attract and help assure that individuals belonging to the following groups will be among the candidates from whom appointments are made: minorities;women;individuals with a disability as defined by and covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; orother groups that are substantially underrepresented in the county workforce;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;selection procedures that include: consideration of the relative merit of each applicant for employment;a job related method of determining the eligibility or ineligibility of each applicantfor employment; anda valid, reliable, and objective system of ranking eligible applicants according to their qualifications and merit;certification procedures that ensure equitable consideration of an appropriate number of the most qualified eligible applicants based on the ranking system;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);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;limitation of competition at the discretion of the director for appropriate positions to facilitate employment of qualified applicants for employment with: a substantial physical or mental impairment; orother groups protected by Title VII of the Civil Rights Act;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;a six-month probationary period that the county may extend for a period not to exceed an additional six months for good cause; andan 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;temporary, provisional, or other noncareer service appointments, which may not: be used to defeat the purpose of the career service; andexceed 270 days;lists of eligible applicants, if available, for filling temporary positions and short-term emergency appointments that: are made without regard to the other provisions of law;provide for maintenance of essential services in an emergency situation where normal procedures are not practical; anddo not exceed 270 days;promotion and career ladder advancement of county employees to higher level positions; andassurance that an individual promoted is qualified for the higher level position;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 period;preparation, maintenance, and revision of a position classification plan for all positions in the career service that: is based upon similarity of duties performed and responsibilities assumed;for all positions in the same class: reasonably requires the same qualifications; andequitably applies the same schedule of pay; andincludes a compensation plan that, to maintain a high quality public workforce, accounts for: the responsibility and difficulty of the work for each position;the comparative pay and benefits needed to compete in the labor market;proper alignment with other similar governmental units; andother factors;keeping records of performance on all county employees in the career service; andrequiring consideration of performance records in determining: salary increases;benefits for meritorious service;promotions;the order of layoffs and reinstatements;demotions;discharges; andtransfers;establishment of a plan: governing layoffs of county employees resulting from: lack of funds or work;abolition of positions; ormaterial changes in duties or organization; andgoverning reemployment of former county employees that the county laid offthat takes into account the former county employee’s: relative ability;seniority; andmerit;establishment of a plan for resolving employee grievances and complaints with final and binding decisions;establishment of disciplinary measures including: suspension;demotion in rank or grade;discharge; andpresentation of charges, hearing rights, and appeals for all permanent employees in the career service to the council;establishment of a procedure for employee development and improvement of poor performance;establishment of: hours of work;holidays; andattendance requirements in various classes of positions in the career service;establishment and publicizing of fringe benefits including: insurance;retirement; andleave programs; andany other requirements not inconsistent with this chapter that are proper for the chapter’s enforcement.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-603 - Functions of county office of personnel management — Personnel functions of county agencies, departments, or offices.
(1) The county office of personnel management shall perform the functions required by this Subsection (1).The county executive, county legislative body, and county office of personnel management may not delegate the functions described by this section to a separate county agency, office, or department.The county office of personnel management shall:design and administer a county pay plan that includes: salaries;wages;incentives;bonuses;leave;insurance;retirement; andother benefits;design and administer the county classification plan and grade allocation system, including: final decisions on position classification; andfinal decisions on grade allocation;conduct position classification studies, including periodic desk audits, except that an agency, department, or office may submit classification recommendations to the county office of personnel management;maintain registers of: publicly recruited applicants; andcertification of top-ranking eligible applicants;monitor county agency, department, or office personnel practices to determine compliance with equal opportunity and affirmative action guidelines; andmaintain central personnel records.The county legislative body may approve, amend, or reject the pay plan.
(2) County agencies, departments, or offices shall:establish initial job descriptions;recommend position classifications and grade allocations;make final selections for appointments and promotions to vacant positions;conduct performance evaluations;discipline employees; andperform other functions approved by the county executive, and agreed to by the county agency, office, or department.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-604 - Certification of eligibility by director — Power of director to examine payrolls.
(1) The director shall certify:a new county employee hired to a position covered by this chapter; anda change in a county employee’s compensation, title, or status.
(2) The director, or the director’s designee, shall certify an employee as eligible to be paid under this chapter, or personnel rules made under this chapter.
(3) The director may examine payrolls at any time to determine conformity with this chapter and the personnel rules.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-605 - Reciprocal agreements for benefit of system — Cooperation by director with other governmental agencies.
(1) The county may enter into reciprocal agreements, upon such terms as may be agreed upon, for the use of equipment, materials, facilities, and services with any public agency or body for purposes deemed of benefit to the public personnel system.
(2) The director may cooperate with other governmental agencies charged with public personnel administration in: conducting personnel tests;recruiting personnel;training personnel;establishing lists from which eligible individuals are certified for appointment; andfor the interchange of personnel and their benefits.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Prohibited Actions
17-75-701 - Prohibited actions.
(1) A person commits an offense under this chapter by:making a false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this chapter; orin any manner committing or attempting to commit any fraud preventing the impartial execution of this chapter.
(2) A person commits an offense under this chapter by directly or indirectly, giving, rendering, paying, offering, soliciting, or accepting any money, service, or other valuable consideration for any appointment, proposed appointment, promotion, or proposed promotion to, or for any advantage in, a position in the career service.Offenses described under Subsection (2)(a) do not include circumstances that are violations of Sections 76-8-103 and 76-8-105.
(3) An employee of the county office of personnel management, examiner, or other person may not:defeat, deceive, or obstruct an individual’s right to examination, eligibility, certification, or appointment under this chapter; orfurnish to an individual any special or secret information for the purpose of affecting the rights or prospects of an individual with respect to employment in the career service.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-75-702 - Violations — Misdemeanor — Ineligibility for employment and forfeiture of position.
(1) An individual who willfully violates any provision of this chapter or the personnel rules made under this chapter is guilty of a class A misdemeanor.
(2) In addition to the sanctions of Subsection (1), an individual who has been adjudged guilty of violating any of the provisions of this chapter or the personnel rules made under this chapter shall, for a period of five years: be ineligible for appointment to or employment in a county position; andif a county officer or employee, forfeit the county office or position.
Renumbered and Amended by Chapter 14, 2025 Special Session 1