Utah 2025 Regular Session

Utah House Bill HB0236 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	01-15 17:21 H.B. 236
2	2	1
3	3	County Career Service Council Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Michael J. Petersen
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8	8
9	9	3
10	10	LONG TITLE
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12	12	General Description:
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14	14	This bill modifies provisions related to county career service councils.
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16	16	Highlighted Provisions:
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18	18	This bill:
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20	20	▸ provides that a county career service council may award reasonable attorney fees to a
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22	22	prevailing career service county employee;
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24	24	▸ provides that an appointment to fill a vacancy on the career service council shall be only
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26	26	for the unexpired term of the appointee's predecessor; and
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28	28	▸ makes technical and conforming changes.
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30	30	Money Appropriated in this Bill:
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32	32	None
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34	34	Other Special Clauses:
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36	36	None
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38	38	Utah Code Sections Affected:
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40	40	AMENDS:
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42	42	17-33-4, as last amended by Laws of Utah 2017, Chapter 70
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46	46	Be it enacted by the Legislature of the state of Utah:
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48	48	Section 1. Section 17-33-4 is amended to read:
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50	50	17-33-4 . Career service council -- Members and alternate members -- Powers
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52	52	and duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and
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54	54	compensation of council members.
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56	56	(1)(a)(i) [There shall be in each] Each county [establishing a system] shall establish a
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58	58	three-member bipartisan career service council with members appointed by the
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60	60	county executive.
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62	62	(ii) The members of the career service council shall be persons in sympathy with the
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64	64	application of merit principles to public employment.
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66	66	[(ii)] (iii)(A) The county executive may appoint alternate members of the career H.B. 236 01-15 17:21
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68	68	service council to hear appeals that one or more regular career service council
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70	70	members are unable to hear.
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72	72	(B) The term of an alternate member of the career service council may not exceed
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74	74	one year.
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76	76	(b) The career service council shall hear appeals not resolved at lower levels in the cases
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78	78	of career service employees suspended, transferred, demoted, or dismissed as well in
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80	80	the cases of other grievances not resolved by the grievance procedure at the division
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82	82	or departmental level.
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84	84	(c) The career service council:
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86	86	(i) may make an initial determination in each appeal whether the appeal is one of the
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88	88	types of matters under Subsection (1)(b) over which the career service council has
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90	90	jurisdiction;
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92	92	(ii) shall, subject to Section 17-33-4.5, review written appeals in cases of applicants
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94	94	rejected for examination[ and] ;
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96	96	(iii) shall report final binding appeals decisions, in writing, to the county legislative
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98	98	body;
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100	100	[(iii)] (iv) may not hear any [other ]personnel [matter] matters other than those
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102	102	described in this section;[ and]
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104	104	[(iv)] (v) may affirm, modify, vacate, or set aside an order for disciplinary action[.] ;
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106	106	and
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108	108	(vi) may award reasonable attorney fees to a prevailing county employee.
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110	110	[(d)]
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112	112	[(i)] (2)(a) A [person] county employee adversely affected by a decision of the career
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114	114	service council may appeal the decision to the district court.
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116	116	[(ii)] (b) An appeal to the district court under this Subsection [(1)(d)] (2) is barred unless
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118	118	it is filed within 30 days after the career service council issues [its] the decision.
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120	120	[(iii)] (c) If there is a record of the career service council proceedings, the district court
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122	122	review shall be limited to the record provided by the career service council.
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124	124	[(iv)] (d) In reviewing a decision of the career service council, the district court shall
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126	126	presume that the decision is valid and may determine only whether the decision is
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128	128	arbitrary or capricious.
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130	130	[(2)] (3)(a) Each career service council member shall serve a term of three years to
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132	132	expire on June 30, three years after the date of [his or her] the member's appointment[,
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134	134	except that original appointees shall be chosen as follows: one member for a term
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137	137	expiring June 30, 1982; one member for a term expiring June 30, 1983; and one
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139	139	member for a term expiring June 30, 1984].
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141	141	(b) [Successors] Except as described in Subsections (3)(c) and (d), successors of original
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143	143	career service council members shall be chosen for three-year terms.
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145	145	(c) An appointment to fill a mid-term vacancy on the career service council shall be for
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147	147	only the unexpired term of the appointee's [successor] predecessor.
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149	149	(d) Each member of the [board] career service council shall hold office until [his] the
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151	151	member's successor is appointed and confirmed.
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153	153	(4) A member of the career service council may be removed by the county executive for
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155	155	cause, after having been given a copy of the charges against [him or her] the member and
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157	157	an opportunity to be heard publicly on the charges before the county legislative body.
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159	159	(5) [Adequate] Each county shall ensure annual appropriations [shall ]be made available to
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161	161	enable the career service council to effectively [to ]carry out [its] the career service
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163	163	council's duties under this [law] section.
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165	165	[(3)] (6) Members and alternates of the career service council shall be United States citizens
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167	167	and be actual and bona fide residents of the state of Utah and the county from which
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169	169	appointed for a period of not less than one year preceding the date of appointment and a
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171	171	member of a career service council may not hold another government office or be
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173	173	employed by the county in which the member serves.
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175	175	[(4)] (7) The career service council shall elect one of its members as chairperson, and two or
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177	177	more members of the council shall constitute a quorum necessary for carrying on the
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179	179	business and activity of the career service council.
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181	181	[(5)] (8) The career service council shall have subpoena power to compel attendance of
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183	183	witnesses, and to authorize witness fees where [it deems ]appropriate, to be paid at the
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185	185	same rate as in justice courts.
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187	187	[(6)] (9)(a) [Council] Career service council members shall receive compensation for
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189	189	each day or partial day [they are] the career service council is in session at a per diem
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191	191	rate established in accordance with Section 11-55-103.
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193	193	(b) An alternate member of the career service council shall receive compensation for
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195	195	each day or partial day that the alternate member is required to replace a regular
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197	197	career service council member at a career service council session, at a per diem rate
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199	199	established in accordance with Section 11-55-103.
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201	201	Section 2. Effective Date.
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203	203	This bill takes effect on May 7, 2025.
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