§ 63F-1-106. Executive director -- Jurisdiction over divisions and office directors -- Authority.

(1) The executive director of the department has administrative jurisdiction over each division and office in the department and the division and office directors. The executive director may make changes in personnel and service functions in the divisions under the director's administrative jurisdiction, and authorize designees to perform appropriate responsibilities, to effectuate greater efficiency and economy in the operations of the department as permitted by this section.

(2) The executive director may establish offices and bureaus to perform functions such as budgeting, planning, and personnel administration to facilitate management of the department.

(3) The executive director may hire employees in the department, divisions, and offices as permitted by department resources. Except as provided in Subsection (4), any employees of the department are exempt from career service or classified service status as provided in Section 67-19-15.

(4)

(a) An employee of an executive branch agency who was a career service employee as of July 1, 2005 who is transferred to the Department of Technology Services continues in the employee's career service status during the employee's service to the Department of Technology Services if the duties of the position in the new department are substantially similar to those in the employee's previous position.

(b) A career service employee transferred to the new department under the provisions of Subsection (4)(a), whose duties or responsibilities subsequently change, may not be converted to exempt status without the review process required by Subsection 67-19-15(3).

(c) The executive director shall work with executive branch agency directors, during the period of transition to the new department, in good faith, to:

(i) preserve relevant career service positions;

(ii) retain qualified employees in non-relevant positions through transfers to other positions in state government, with retraining as necessary; and

(iii) promote greater economy and efficiencies for the department.

(d) The Department of Technology Services together with the Department of Human Resource Management may develop financial and other incentives to encourage a career service employee who transfers to the department under the provisions of Subsection (4)(a) to voluntarily convert to an exempt position under Section 67-19-15.

(e) If a career service employee transfers to the department under the provisions of Subsection (4)(a) and terminates his employment with the department for any reason, the employment position shall be exempt from career service status under the provisions of Subsection (3).

Enacted by Chapter 169, 2005 General Session