File No. 34074
This rule was published in the October 1, 2010, issue (Vol. 2010, No. 19) of the Utah State Bulletin.
Capitol Preservation Board (State), Administration
Rule R131-5
Board Review, Compensation and Incentive Award Process
Notice of Proposed Rule
(Repeal)
DAR File No.: 34074
Filed: 09/14/2010 09:23:46 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R131-5 was enacted under the authority of Sections 63C-9-301 and 63C-9-401, which directs the Capitol Preservation Board to make rules to govern, administer, and regulate the executive director and staff. This rule defines the Board's review, compensation and bonus procedures for the executive director and staff. This rule is scheduled for a five-year review due 11/15/2010. The Board has determined to repeal this rule and may adopt a new rule and policy or another option in the future which would be more consistent with current Department of Human Resource Management (DHRM) rules and policies.
Summary of the rule or change:
This rule is not consistent with current DHRM rules and policies. The Capitol Preservation Board is considering either implementing a rule consistent with DHRM rules or another option. Therefore, the Capitol Preservation Board is repealing this rule. The rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 63C-9-401
Anticipated cost or savings to:
the state budget:
There are no aggregate anticipated cost or savings to the state budget as repealing this rule is a procedural change and is cost neutral.
local governments:
There are no anticipated cost or savings to local government. This is a procedural change and is cost neutral.
small businesses:
There are no anticipated cost or savings to small businesses. This is a procedural change and is cost neutral.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This is a procedural change and is cost neutral.
Compliance costs for affected persons:
There are no compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
Repealing this rule has no fiscal impact on businesses.
Allyson Gamble, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Capitol Preservation Board (State)Administration
420 N STATE ST
SALT LAKE CITY, UT 84114-2110
Direct questions regarding this rule to:
- Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
- La Priel Dye at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at ldye@utah.gov
- Allyson Gamble at the above address, by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
11/01/2010
This rule may become effective on:
11/08/2010
Authorized by:
Allyson Gamble, Executive Director
RULE TEXT
R131. Capitol Preservation Board (State), Administration.
[
R131-5. Board Review, Compensation and Incentive Award
Process.
R131-5-1. Purpose.
Pursuant to Section 63C-9-401, Utah Code, which provides
the Board shall appoint an executive director to assist them,
this rule defines the Board's review, compensation and bonus
procedure for the executive director and staff.
R131-5-2. Authority.
This rule is authorized by Subsection 63C-9-301 and
63C-9-401, Utah Code, directing the Board to make rules to
govern, administer and regulate the executive director and
staff.
R131-5-3. Definitions.
(1) "Board" or "CPB" means Capitol
Preservation Board as provided for in Section 63-9-101, et seq.,
Utah Code.
(2) DHRM means the Division of Human Resource Management
within the Utah Department of Administrative Services.
R131-5-4. Authority of the Board.
(1) The Board is the authorizing agent to approve, by
majority vote of members present, incentive and bonus awards, and
compensation amount(s) for staff as recommended by the executive
director and the Budget Development and Board Operations
Subcommittee.
(2) The Board shall be the sole approving authority, and
shall sanction appropriate awards in accordance with these
rules.
R131-5-5. Performance Review of Executive Director.
(1) The Board's Budget Development and Board
Operations Subcommittee shall oversee a performance evaluation
review of the executive director of the Board.
(2) This review shall be conducted by an appointed
performance review panel of three members of the subcommittee and
shall be comprised of one member from the executive branch, one
from the house and one from the senate. The chair of the
subcommittee shall designate members of the panel.
(3) Pursuant to Sections 63C-9-401 and 402, Utah Code,
the panel shall review the work-plan as developed by the
executive director and approved by the Board. The panel shall
meet with the executive director to review the executive
director's performance, to include the following:
(a) day-to-day activities and functions of the office and
staff under the executive director's direction;
(b) management and oversight of ongoing construction
projects under the executive director's direction;
(c) fiduciary management of funds appropriated, earned or
donated to the Board for the management of the office, upkeep of
Capitol Hill, and restoration or construction of projects within
the responsibilities of the Board;
(d) personal and working relationships which have been
developed with the members of the Board as well as groups
associated with Capitol Hill;
(e) other assignments, functions, or responsibilities the
panel finds a need to discuss.
(4) The review shall take place in a timely manner, at
least annually, and prior to July 1 of each year.
R131-5-6. Performance Review of Staff.
(1) The executive director shall define performance
standards for each staff person under the executive
director's supervision, evaluate their performance, and make
recommendations to the Budget Development and Board Operations
Subcommittee. The Board shall review the recommendations and give
final approval.
(2) In accordance with Section R477-10, Utah
Administrative Code, the executive director shall implement the
following general performance methodology for each staff
employee:
(a) An employee performance plan shall be developed by
August 30 of each fiscal year, or in the case of a new employee,
within 60-days of the hiring-date, whichever is later;
(b) Employees shall be provided with periodic verbal and
written feedback based on the standards of performance and
conduct outlined in the performance plan.
(c) Each employee shall be informed concerning the
actions to be taken, time frames, and the supervisor's role
in providing assistance to improve performance and increase the
value of service.
(3) The executive director shall implement the following
performance management rating system by August 30 to be effective
for the fiscal year:
TABLE
Rating Score
Exceptional 3
Highly Successful 2.5
Successful 2
Marginal 1
Unsuccessful 0
(4) Each employee shall receive a performance evaluation
effective on or before the beginning of the first pay period of
each fiscal year. A new employee shall receive a performance
evaluation at the end of a 6-month probationary period and again
prior to the beginning of the first pay period of the fiscal
year.
(5) The employee shall sign the evaluation. Signing the
evaluation only means that the employee has reviewed the
evaluation. Refusal to sign the evaluation shall constitute
insubordination, subject to discipline.
(6) The evaluation form shall include a space for the
employee's comments. Each employee shall have the right to
include written comment(s) to be placed in the employee's
file, to accompany the written performance evaluation as provided
by the executive director. The employee may comment in writing,
either in the space provided or on separately attached
pages.
R131-5-7. Performance Review and Compensation.
(1) Classification, evaluation, and compensation of the
executive director and staff shall be consistent with DHRM
policies and procedures. The executive director shall consult
with DHRM to develop recommendations for staff job-descriptions
and standards.
(2) Upon receipt of the executive director's
recommendations for changes in master plans, work plans,
compensation, bonuses or adjustments, the Budget Development and
Board Operations Subcommittee shall present its recommendations
to the Board no later than its regularly scheduled September
meeting.
(3) Upon the Board's approval of the Budget
Development and Board Operations Subcommittee's
recommendations, the executive director will prepare a final
"Budget/Planning Request" to be presented to the
Governor and the Legislature.
R131-5-8. Incentive Awards for the CPB Staff.
(1) The Board's executive director shall follow the
provisions of DHRM's policy when granting incentive and bonus
awards, as contained in R477-6-5, Utah Administrative Code; and
hereby adopts and incorporates it by reference within this
rule.
(2) When the executive director has approved the issuance
of an incentive or bonus award, and such action has been approved
by the Board, the award shall be issued within 30-days.
R131-5-9. Incentive Awards for the Executive Director of the
Board.
(1) Based on particular or unusual circumstances, the
Board may approve and grant the executive director incentive or
bonus awards. Incentive and bonus awards are discretionary,
without entitlement, and are subject to the availability of
funds. The Board shall issue award(s) that accord with the
following parameters:
(a) Awarded amounts may be paid either directly, or if
requested by the executive director, into a 401(k) program
approved by the Utah Retirement System.
(b) Individual awards shall not exceed $4,000 per
occurrence and $8,000 per fiscal year.
(c) All cash incentive and bonus awards shall be subject
to payroll taxes.
(2) Performance Based Incentive Award:
(a) Cash Incentive Award: The Board may grant a cash
incentive award if:
(i) Exceptional effort or accomplishment is demonstrated,
beyond normal job expectations over a sustained period of
time.
(ii) A cash award approved by the Board shall be
documented with a copy maintained in the executive director's
employee file.
(b) Noncash Incentive Award: The Board may recognize its
appreciation for the executive director's performance with
noncash incentive awards.
(i) Individual noncash incentive awards shall not exceed
a value of $50 per occurrence and $200 for each fiscal
year.
(ii) Noncash incentive awards may not include cash
equivalents such as gift certificates or tickets for
admission.
(3) Cost-Savings Bonus: The Board may encourage increased
productivity of the executive director when, through the
executive director's action, cost savings are generated
within a particular restoration or construction segment of the
project,
(a) The Budget Development and Board Operations
Subcommittee shall document the pertinent cost savings in their
recommendation for the award.
(b) Amounts shall be for exceptional performance and
circumstances, and may exceed limits stated in R477-6-5(1)(c),
Utah Administrative Code, and R131-5-9-(b) when approved by the
Board.
(4) Market Based Bonus:
The Board may extend a cash bonus to the executive
director as an incentive for the executive director to obtain or
retain an employee who possesses unusual job skills that are
critical to the state and difficult to recruit in the
marketplace.
(a) Retention Bonus:
The Board may pay a bonus to a current employee, to
recognize usual or unique qualifications that are essential for
the agency to retain.
(b) Recruitment or Signing Bonus:
The Board may pay a recruitment bonus to a qualified job
candidate to convince the candidate to accept the
position.
(c) Scarce Skills Bonus:
The Board may pay a bonus to a qualified job candidate
that has unusual and scarce skills which are essential for the
job.
(d) Relocation Bonus:
The Board may pay a bonus to a current employee, or a new
employee, for relocation, including relocation to a different
commuting area.
(e) Referral Bonus:
The Board may pay a bonus to an employee who refers a job
applicant who is subsequently selected and completes successful
employment for at least six months.
KEY: bonuses, reviews, compensation
Date of Enactment or Last Substantive Amendment: November
15, 2005
Authorizing, and Implemented or Interpreted Law:
63C-9-401 ]
Additional Information
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For questions regarding the content or application of this rule, please contact Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov; La Priel Dye at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at ldye@utah.gov; Allyson Gamble at the above address, by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov.