Utah Code 63A-17-103. Principles guiding interpretation of chapter and adoption of rules — Merit principles
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(1) The division shall establish a career service system designed in a manner that will provide for the effective implementation of the following merit principles:
Terms Used In Utah Code 63A-17-103
- 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 - Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Disability: means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 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
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(1)(a) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;(1)(b) providing for equitable and competitive compensation;(1)(c) training employees as needed to assure high-quality performance;(1)(d) retaining employees on the basis of the adequacy of their performance and separating employees whose inadequate performance cannot be corrected;(1)(e) fair treatment of applicants and employees in all aspects of human resource administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens;(1)(f) providing information to employees regarding their political rights and the prohibited practices under the Hatch Act; and(1)(g) providing a formal procedure for advancing grievances of employees:(1)(g)(i) without discrimination, coercion, restraint, or reprisal; and(1)(g)(ii) in a manner that is fair, expeditious, and inexpensive for the employee and the agency.
(2) The career service system described in Subsection (1) may not prescribe a minimum educational requirement for employment, except when a minimum educational qualification is legally required to perform the duties of the position.
(3) As part of the career service system described in Subsection (1), the department shall:
(3)(a) consider comparable experience or ability as equal to education in determining a candidate’s satisfaction of minimum qualifications, except when a minimum educational qualification is legally required to perform the duties of the position; and
(3)(b) ensure that position descriptions and job postings published by agencies for career service positions are based on the specific skills and competencies required to perform those jobs.
(4) Within existing resources, the department shall create supporting materials that may be used by a political subdivision that chooses to implement competency-based hiring principles that are the same as or similar to those principles described in Subsections (2) and (3).
(5) The principles in Subsections (1) through (3) shall govern interpretation and implementation of this chapter.