2006 Utah Code - 67-19-15 — Career service -- Exempt positions -- Schedules for civil service positions -- Coverage of career service provisions.

     67-19-15.   Career service -- Exempt positions -- Schedules for civil service positions -- Coverage of career service provisions.
     (1) Except as otherwise provided by law or by rules and regulations established for federally aided programs, the following positions are exempt from the career service provisions of this chapter:
     (a) the governor, members of the Legislature, and all other elected state officers, designated as Schedule AA;
     (b) the agency heads enumerated in Section 67-22-2, and commissioners designated as Schedule AB;
     (c) all employees and officers in the office and at the residence of the governor, designated as Schedule AC;
     (d) employees who are in a confidential relationship to an agency head or commissioner and who report directly to, and are supervised by, a department head, commissioner, or deputy director of an agency or its equivalent, designated as Schedule AD;
     (e) unskilled employees in positions requiring little or no specialized skill or training, designated as Schedule AE;
     (f) part-time professional noncareer persons who are paid for any form of medical and other professional service and who are not engaged in the performance of administrative duties, designated as Schedule AF;
     (g) attorneys in the attorney general's office who are under their own career service pay plan, designated as Schedule AG;
     (h) teaching staff of all state institutions and patients and inmates employed in state institutions, designated as Schedule AH;
     (i) persons appointed to a position vacated by an employee who has a right to return under federal or state law or policy, designated as Schedule AI;
     (j) noncareer employees compensated for their services on a seasonal or contractual basis who are hired for limited periods of less than nine consecutive months or who are employed on less than 1/2 time basis, designated as Schedule AJ;
     (k) those employees in a personal and confidential relationship to elected officials, designated as Schedule AK;
     (l) employees appointed to perform work of a limited duration not exceeding two years or to perform work with time-limited funding, designated as Schedule AL;
     (m) employees of the Department of Community and Culture whose positions are designated as executive/professional positions by the executive director of the Department of Community and Culture with the concurrence of the executive director, and employees of the Governor's Office of Economic Development whose positions are designated as executive/professional positions by the director of the office, designated as Schedule AM;
     (n) employees of the Legislature, designated as Schedule AN;
     (o) employees of the judiciary, designated as Schedule AO;
     (p) all judges in the judiciary, designated as Schedule AP;
     (q) members of state and local boards and councils appointed by the governor and governing bodies of agencies, other local officials serving in an ex officio capacity, officers, faculty, and other employees of state universities and other state institutions of higher education, designated as Schedule AQ;
     (r) employees who make statewide policy, designated as Schedule AR;

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     (s) any other employee whose appointment is required by statute to be career service exempt, designated as Schedule AS; and
     (t) employees of the Department of Technology Services, designated as executive/professional positions by the executive director of the Department of Technology Services with the concurrence of the executive director, designated as Schedule AT.
     (2) The civil service shall consist of two schedules as follows:
     (a) (i) Schedule A is the schedule consisting of positions exempted by 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 all positions filled through competitive selection procedures as defined by the executive director.
     (3) (a) The executive 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 executive director before changing the schedule assignment and tenure rights of any position.
     (c) Unless the executive director's decision is reversed by the governor, when the executive director denies an agency's request, the executive director's decision is final.
     (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 78-3-24.
     (c) Compensation for officers, faculty, and other employees of state universities and institutions of higher education shall be established as provided in Title 53B, Chapters 1, Governance, Powers, Rights, and Responsibilities, and 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 executive director of the Department of Human Resource Management.
     (5) All employees of the Office of State Auditor, the Office of State Treasurer, the Office of the Attorney General, excluding attorneys who are under their own career service system, and employees who are not exempt under this section are covered by the career service provisions of this chapter.

Amended by Chapter 139, 2006 General Session