Human Resource Management, Administration

Section R477-4-12

Career Mobility Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 34443
Filed: 02/15/2011 03:19:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A subsection is removed that deals with the salary action portion of career mobility assignments. Salary information is found in Rule R477-6, Compensation. (DAR NOTE: The proposed amendment to Rule R477-6 is found under DAR No. 34442 in this issue, March 1, 2011, of the Bulletin.)

Summary of the rule or change:

Subsection R477-4-12(3)(c) is deleted.

State statutory or constitutional authorization for this rule:

• Section 67-19-18
• Section 67-19-6
• Section 63G-2-3

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not impact state budgets.

local governments:

This rule only affects the executive branch of state government.

small businesses:

This rule only affects the executive branch of state government.

persons other than small businesses, businesses, or local governmental entities:

This rule only affects the executive branch of state government.

Compliance costs for affected persons:

This rule only affects the executive branch of state government.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.

Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at [email protected]

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:

03/31/2011

This rule may become effective on:

04/07/2011

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-12. Career Mobility Programs.

Employees and agencies are encouraged to promote career mobility programs.

(1) A career mobility is a temporary assignment of an employee to a different position for purposes of professional growth or fulfillment of specific organizational needs. Career mobility assignments may be to any salary range.

(2) Agencies may provide career mobility assignments inside or outside state government in any position for which the employee qualifies.

(3) An eligible employee or agency may initiate a career mobility.

(a) Career mobility assignments may be made without going through the competitive process but shall remain temporary.

(b) Career mobility assignments shall only become permanent if:

(i) the position was originally filled through a competitive recruitment process; or

(ii) a competitive recruitment process is used at the time the agency determines a need for the assignment to become permanent.

[ (c) Agencies may offer an employee on a career mobility assignment a salary increase or salary decrease in any amount in increments of 1/2%, provided the new salary is within the new salary range.

] (4) Agencies shall develop and use written career mobility contract agreements between the employee and the supervisor to outline all program provisions and requirements. The career mobility shall be both voluntary and mutually acceptable.

(5) A participating employee shall retain all rights, privileges, entitlements, tenure and benefits from the previous position while on career mobility.

(a) If a reduction in force affects a position vacated by a participating employee, the participating employee shall be treated the same as other RIF employees.

(b) If a career mobility assignment does not become permanent at its conclusion, the employee shall return to the previous position or a similar position and shall receive, at a minimum, the same salary rate and the same or higher salary range that the employee would have received without the career mobility assignment.

(6) An employee who has not attained career service status prior to the career mobility program cannot permanently fill a career service position until the employee obtains career service status through a competitive process.

 

KEY: employment, fair employment practices, hiring practices

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6