State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-05 > 67-5-12

67-5-12. Dismissal of career status employees -- Causes -- Procedure -- Retentionroster -- Reappointment register.
(1) (a) Employees in a career status may be dismissed only:
(i) to advance the good of public service;
(ii) where funds have expired or work no longer exists; or
(iii) for any of the following causes or reasons:
(A) noncompliance with provisions in the Office of Attorney General policy manual, ordivision policies, and, for attorneys, noncompliance with the Rules of Professional Conduct;
(B) work performance that is inefficient or incompetent;
(C) failure to maintain skills and adequate performance levels;
(D) insubordination or disloyalty to the orders of a superior;
(E) misfeasance, malfeasance, or nonfeasance;
(F) failure to advance the good of the public service, including conduct on or off dutywhich demeans or harms the effectiveness or ability of the office to fulfill its mission or legalobligations;
(G) conduct on or off duty which creates a conflict of interest with the employee's publicresponsibilities or impact that employee's ability to perform his or her job assignments;
(H) any incident involving intimidation, physical harm, threats of physical harm againstcoworkers, management, or the public;
(I) failure to meet the requirements of the position;
(J) dishonesty; or
(K) misconduct.
(b) Employees in career status may not be dismissed for reasons of race, national origin,religion, or political affiliation.
(2) Except in aggravated cases of misconduct, an employee in a career status may not besuspended, demoted, or dismissed without the following procedures:
(a) The attorney general or a designated representative shall notify the employee of thereasons for suspension, demotion, or dismissal.
(b) The employee shall have an opportunity to reply and have the reply considered by theattorney general or a designated representative.
(c) The employee shall have an opportunity to be heard by the attorney general or adesignated representative.
(d) Following a hearing, an employee may be suspended, demoted, or dismissed if theattorney general or a designated representative finds adequate reason.
(e) If the attorney general or a designated representative finds that retention of anemployee would endanger the peace and safety of others or pose a grave threat to the publicinterest, the employee may be summarily suspended pending administrative hearings and areview by the Career Service Review Board.
(3) (a) An employee in a career status who is aggrieved by a decision of the attorneygeneral or a designated representative to suspend, demote, or dismiss the employee may appealthe decision to the Career Service Review Board or its hearing officers by following theprocedures in Title 67, Chapter 19a, Grievance and Appeal Procedures.
(b) Matters other than dismissal or demotion may be appealed to and reviewed by theattorney general or a designated representative whose decision is final with no right of appeal tothe Career Service Review Board or its hearing officers.


(4) Disciplinary actions shall be supported by credible evidence, but the normal rules ofevidence in courts of law do not apply in hearings before the attorney general or a designatedrepresentative or the Career Service Review Board or its hearing officers.
(5) (a) Reductions in force required by reinstatement of an employee under Section67-5-11, inadequate funds, change of workload, or lack of work shall be governed by a retentionroster to be maintained by the Office of the Attorney General and the requirements of thisSubsection (5).
(b) Except attorney general executive or administrative appointees, employees not in acareer status shall be separated before any employee in a career status.
(c) Retention points for each employee in a career status shall be based on the employee'sseniority in service within each employee category in the Office of the Attorney General,including any military service fulfilled subsequent to the employee's original appointment.
(d) Employees in career status shall be separated in the order of their retention points, theemployee with the lowest points to be discharged first.
(e) Those employees who are serving in other positions under Section 67-5-11 shall:
(i) have retention points determined as if they were working for the office; and
(ii) be separated in the order of the retention points as if they were working in the Officeof the Attorney General.
(f) An employee in a career status who is separated by reason of a reduction in force shallbe:
(i) placed on a reappointment register kept by the Office of the Attorney General for oneyear; and
(ii) offered reappointment to a position in the same category in the Office of the AttorneyGeneral before any employee not having a career status is appointed.

Amended by Chapter 166, 2007 General Session

State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-05 > 67-5-12

67-5-12. Dismissal of career status employees -- Causes -- Procedure -- Retentionroster -- Reappointment register.
(1) (a) Employees in a career status may be dismissed only:
(i) to advance the good of public service;
(ii) where funds have expired or work no longer exists; or
(iii) for any of the following causes or reasons:
(A) noncompliance with provisions in the Office of Attorney General policy manual, ordivision policies, and, for attorneys, noncompliance with the Rules of Professional Conduct;
(B) work performance that is inefficient or incompetent;
(C) failure to maintain skills and adequate performance levels;
(D) insubordination or disloyalty to the orders of a superior;
(E) misfeasance, malfeasance, or nonfeasance;
(F) failure to advance the good of the public service, including conduct on or off dutywhich demeans or harms the effectiveness or ability of the office to fulfill its mission or legalobligations;
(G) conduct on or off duty which creates a conflict of interest with the employee's publicresponsibilities or impact that employee's ability to perform his or her job assignments;
(H) any incident involving intimidation, physical harm, threats of physical harm againstcoworkers, management, or the public;
(I) failure to meet the requirements of the position;
(J) dishonesty; or
(K) misconduct.
(b) Employees in career status may not be dismissed for reasons of race, national origin,religion, or political affiliation.
(2) Except in aggravated cases of misconduct, an employee in a career status may not besuspended, demoted, or dismissed without the following procedures:
(a) The attorney general or a designated representative shall notify the employee of thereasons for suspension, demotion, or dismissal.
(b) The employee shall have an opportunity to reply and have the reply considered by theattorney general or a designated representative.
(c) The employee shall have an opportunity to be heard by the attorney general or adesignated representative.
(d) Following a hearing, an employee may be suspended, demoted, or dismissed if theattorney general or a designated representative finds adequate reason.
(e) If the attorney general or a designated representative finds that retention of anemployee would endanger the peace and safety of others or pose a grave threat to the publicinterest, the employee may be summarily suspended pending administrative hearings and areview by the Career Service Review Board.
(3) (a) An employee in a career status who is aggrieved by a decision of the attorneygeneral or a designated representative to suspend, demote, or dismiss the employee may appealthe decision to the Career Service Review Board or its hearing officers by following theprocedures in Title 67, Chapter 19a, Grievance and Appeal Procedures.
(b) Matters other than dismissal or demotion may be appealed to and reviewed by theattorney general or a designated representative whose decision is final with no right of appeal tothe Career Service Review Board or its hearing officers.


(4) Disciplinary actions shall be supported by credible evidence, but the normal rules ofevidence in courts of law do not apply in hearings before the attorney general or a designatedrepresentative or the Career Service Review Board or its hearing officers.
(5) (a) Reductions in force required by reinstatement of an employee under Section67-5-11, inadequate funds, change of workload, or lack of work shall be governed by a retentionroster to be maintained by the Office of the Attorney General and the requirements of thisSubsection (5).
(b) Except attorney general executive or administrative appointees, employees not in acareer status shall be separated before any employee in a career status.
(c) Retention points for each employee in a career status shall be based on the employee'sseniority in service within each employee category in the Office of the Attorney General,including any military service fulfilled subsequent to the employee's original appointment.
(d) Employees in career status shall be separated in the order of their retention points, theemployee with the lowest points to be discharged first.
(e) Those employees who are serving in other positions under Section 67-5-11 shall:
(i) have retention points determined as if they were working for the office; and
(ii) be separated in the order of the retention points as if they were working in the Officeof the Attorney General.
(f) An employee in a career status who is separated by reason of a reduction in force shallbe:
(i) placed on a reappointment register kept by the Office of the Attorney General for oneyear; and
(ii) offered reappointment to a position in the same category in the Office of the AttorneyGeneral before any employee not having a career status is appointed.

Amended by Chapter 166, 2007 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-05 > 67-5-12

67-5-12. Dismissal of career status employees -- Causes -- Procedure -- Retentionroster -- Reappointment register.
(1) (a) Employees in a career status may be dismissed only:
(i) to advance the good of public service;
(ii) where funds have expired or work no longer exists; or
(iii) for any of the following causes or reasons:
(A) noncompliance with provisions in the Office of Attorney General policy manual, ordivision policies, and, for attorneys, noncompliance with the Rules of Professional Conduct;
(B) work performance that is inefficient or incompetent;
(C) failure to maintain skills and adequate performance levels;
(D) insubordination or disloyalty to the orders of a superior;
(E) misfeasance, malfeasance, or nonfeasance;
(F) failure to advance the good of the public service, including conduct on or off dutywhich demeans or harms the effectiveness or ability of the office to fulfill its mission or legalobligations;
(G) conduct on or off duty which creates a conflict of interest with the employee's publicresponsibilities or impact that employee's ability to perform his or her job assignments;
(H) any incident involving intimidation, physical harm, threats of physical harm againstcoworkers, management, or the public;
(I) failure to meet the requirements of the position;
(J) dishonesty; or
(K) misconduct.
(b) Employees in career status may not be dismissed for reasons of race, national origin,religion, or political affiliation.
(2) Except in aggravated cases of misconduct, an employee in a career status may not besuspended, demoted, or dismissed without the following procedures:
(a) The attorney general or a designated representative shall notify the employee of thereasons for suspension, demotion, or dismissal.
(b) The employee shall have an opportunity to reply and have the reply considered by theattorney general or a designated representative.
(c) The employee shall have an opportunity to be heard by the attorney general or adesignated representative.
(d) Following a hearing, an employee may be suspended, demoted, or dismissed if theattorney general or a designated representative finds adequate reason.
(e) If the attorney general or a designated representative finds that retention of anemployee would endanger the peace and safety of others or pose a grave threat to the publicinterest, the employee may be summarily suspended pending administrative hearings and areview by the Career Service Review Board.
(3) (a) An employee in a career status who is aggrieved by a decision of the attorneygeneral or a designated representative to suspend, demote, or dismiss the employee may appealthe decision to the Career Service Review Board or its hearing officers by following theprocedures in Title 67, Chapter 19a, Grievance and Appeal Procedures.
(b) Matters other than dismissal or demotion may be appealed to and reviewed by theattorney general or a designated representative whose decision is final with no right of appeal tothe Career Service Review Board or its hearing officers.


(4) Disciplinary actions shall be supported by credible evidence, but the normal rules ofevidence in courts of law do not apply in hearings before the attorney general or a designatedrepresentative or the Career Service Review Board or its hearing officers.
(5) (a) Reductions in force required by reinstatement of an employee under Section67-5-11, inadequate funds, change of workload, or lack of work shall be governed by a retentionroster to be maintained by the Office of the Attorney General and the requirements of thisSubsection (5).
(b) Except attorney general executive or administrative appointees, employees not in acareer status shall be separated before any employee in a career status.
(c) Retention points for each employee in a career status shall be based on the employee'sseniority in service within each employee category in the Office of the Attorney General,including any military service fulfilled subsequent to the employee's original appointment.
(d) Employees in career status shall be separated in the order of their retention points, theemployee with the lowest points to be discharged first.
(e) Those employees who are serving in other positions under Section 67-5-11 shall:
(i) have retention points determined as if they were working for the office; and
(ii) be separated in the order of the retention points as if they were working in the Officeof the Attorney General.
(f) An employee in a career status who is separated by reason of a reduction in force shallbe:
(i) placed on a reappointment register kept by the Office of the Attorney General for oneyear; and
(ii) offered reappointment to a position in the same category in the Office of the AttorneyGeneral before any employee not having a career status is appointed.

Amended by Chapter 166, 2007 General Session