§ 63A-17-103 — Principles guiding interpretation of chapter and adoption of rules -- Merit principles.

(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:

(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.

Legislative History

Amended by Chapter 53, 2021 General Session; Renumbered and Amended by Chapter 344, 2021 General Session