HB 335 — County Employment Amendments

HB0335S02 compared with HB0335S01HB0335 {Omitted text} shows text that was in HB0335S01HB0335 but was omitted in HB0335S02 inserted text shows text that was not in HB0335S01HB0335 but was inserted into HB0335S02 DISCLAIMER:

▸ provides that {an employee } certain employees in a county sheriff's office {is } are exempt from a merit system{, } or career service{,service, or{or civil service,service} ifunless before July 1, 2026, {if that employee is in a position with a rank or equivalent rank of lieutenant or higher} , unless before July 1, 2026, the county sheriff designates the position as a merit system position;

and H ▸ makes technical and conforming changes.

B Money Appropriated in this Bill:

0H None B Other Special Clauses:

S3 This bill provides a special effective date.

0HB0335 HB0335S01 compared with HB0335S02 Utah Code Sections Affected:

- 2 - HB0335S01HB0335 compared with HB0335S02 (a) is a permanent service to which this part applies;

(v) a {law enforcement } peace officer who is in a position {with a rank or equivalent rank of lieutenant or higher,higher;} unless, before July 1, 2026, the county sheriff designates the position as a merit system position;} that:

and (C) [not in a law enforcement rank position of captain or below] is not a {law enforcement officer, or is a law enforcement officer whose position requires the regular supervision and performance evaluation of another law enforcement } peace officer;

- 3 - HB0335 compared with HB0335S02 (A) compensated for the employee's services on a seasonal or contractual basis;

- 3 - HB0335S01 compared with HB0335S02 [(viii)] (ix) each provisional employee, as defined by the county's policies and procedures or personnel rules;

- 4 - HB0335 compared with HB0335S02 (b) A change in exempt status of a position designated as being exempt under Subsection [(1)(b) (xi)] {(1)(b)(xii)} (2)(b)(xii) constitutes an amendment to the personnel rules made under this chapter.

- 4 - HB0335S01 compared with HB0335S02 17-76-201.

(i) who is in a position {withthat: a rank or equivalent rank of sergeant or lower;

or} that:

or (C)(a){(C)} {a } is a frontline peace officer {:in a position with a rank or equivalent rank of sergeant or lower} supervisor;

- 5 - HB0335 compared with HB0335S02 (A) that is no more than three levels below the county sheriff in the command structure of the office of the county sheriff;

and (ii){(B)}(B) {in a position} that, {except chief deputy} before July 1, 2026, {with a rank of lieutenant or higher that } the county sheriff designates as a merit system positionposition; {before July 1, 2026} ;

- 5 - HB0335S01 compared with HB0335S02 (i) except as described in Subsection {(7)(c)} (8)(c), voluntarily accepts a position that is not a merit system position;

- 6 - HB0335 compared with HB0335S02 [(2) The sheriff of each county with a population of 20,000 people or more who regularly employs one or more peace officers shall:] [(a) appoint peace officers and fill vacant positions for peace officers:

and ] - 6 - HB0335S01 compared with HB0335S02 [(b) promote, transfer, demote, suspend or remove peace officers in accordance with this part.] (2) The sheriff of a county with a population of 20,000 or more residents that employs one or more merit system officers shall make all decisions regarding the promotion, transfer, demotion, suspension, or removal of a merit system officer with the advice and consent of the county legislative body and in accordance with this part.

- 7 - HB0335 compared with HB0335S02 (ii) places each position requiring substantially the same duties and qualifications in the same classification;

- 7 - HB0335S01 compared with HB0335S02 (3) The governing body shall assign a qualified county employee to act as secretary of the commission.

- 8 - HB0335 compared with HB0335S02 (c) An applicant completing an examination shall be promptly notified of the applicant's final grade by mail at the applicant's last known address.

and - 8 - HB0335S01 compared with HB0335S02 (b) the appointing authority may inspect the papers of any eligible applicant the commission certifies for appointment.

and - 9 - HB0335 compared with HB0335S02 (ii) provide reasons sufficient, in the judgment of the commission, to justify the applicant's rejection of the appointing authority's offer of appointment.

- 9 - HB0335S01 compared with HB0335S02 (b) The probationary period shall be extended as necessary for a [peace officer] merit system officer who has not yet satisfactorily completed an approved peace officer training program and received a certificate of completion under Title 53, Chapter 6, Peace Officer Standards and Training Act.

- 10 - HB0335 compared with HB0335S02 (a) the vacant position requires scientific, professional, or expert qualifications, and would best be filled by an individual with those qualifications;

- 10 - HB0335S01 compared with HB0335S02 [(2) (a) The appointing authority shall fill vacancies occurring in the merit system classification by promotion if possible.

- 11 - HB0335 compared with HB0335S02 [(ii)] (b) The commission shall make the promotion register in the same manner as it makes an eligible register.

- 11 - HB0335S01 compared with HB0335S02 (b) no eligible individual is immediately available from the eligible, promotional, or re-employment registers;

- 12 - HB0335 compared with HB0335S02 (3) An individual serving under temporary [or emergency ]appointment shall be laid off before any merit system officer.

- 12 - HB0335S01 compared with HB0335S02 (1) The appointing authority, with the commission's approval, may grant a [peace officer] merit system officer a leave of absence without pay for a period not to exceed one year.

- 13 - HB0335 compared with HB0335S02 Section 12.

- 13 - HB0335S01 compared with HB0335S02 (2) (a) (i) A merit system officer who is the subject of charges under Subsection (1) may, within 10 days after the day on which the charges [were] are served, appeal in writing to the commission.

- 14 - HB0335 compared with HB0335S02 (b) The parties may be represented by counsel at the hearing.

(6) (a) [An individual aggrieved by an act or failure to act of any commission under this part has exhausted the remedies of appeal to the commission, the individual may appeal the commission's decision to - 14 - HB0335S01 compared with HB0335S02 the district court] An individual affected by a commission's action or inaction under this {act } part may appeal to the district court after the individual exhausts all appeal options with the commission.

- 15 - HB0335 compared with HB0335S02 [(5)] (4) An individual may not solicit political contributions from a merit system officer during hours of employment for political purposes.

- 15 - HB0335S01 compared with HB0335S02 (1) "Appointing authority" means the county sheriff or the chief executive officer of a police interlocal entity.