Appointment

1. Approval. All appointments provided for under this chapter are subject to fiscal control by the County Commission, and to approval by the Director of Human Resources.
   
   
2. Selection. Appointments and promotions to career positions in the classified service shall be based on merit principles. Selection methods will be based solely on job related knowledge, skills, abilities, experience, education, and when appropriate, prior demonstrated performance, aptitude, and adaptability. Selection methods shall provide equal opportunity to all qualified persons who apply, and all persons who are admitted shall compete against common standards.
   
   
3. Probationary Appointments. All appointments shall be made through a Personnel Action Form request to the Human Resources Department and in accordance with these regulations. The Administrative Officer shall be the appointing authority for the employees of that department. Selection shall be made for each position from the three (3) highest available names on the certification submitted by the Director of Human Resources, (unless the Director determines that more than three (3) persons should be certified), exclusive of the names of those persons who failed to answer or who declined appointment, or of those names to whom the Administrative Officer offers an objection in writing based on appropriate reasons as defined in the Personnel Rules, Policies, and Procedures for examination when such objection is sustained by the Director. All persons having exactly the same final grade as the third available person on a certification shall be given consideration for appointment the same as if they were among the highest three (3) available names.
   
   
4.  In selecting persons from among those certified, the Administrative Officer shall be permitted to examine copies of applications of those certified and all available information and to interview them. Final selection, reports of interviews, unavailability of applicants, and notification to eligible applicants shall be reported in writing by the Administrative Officer to the Human Resources Department.

   4.1

   If the eligible applicant selected declines the appointment, evidence of declination and other such data shall be transmitted to the Human Resources Department for permanent record. An individual may be considered by the Administrative Officer as having declined appointment if they fail to reply within three (3) working days after the transmission by mail of a written inquiry of availability, or if they fail to reply to a telephone message inquiry within forty-eight (48) hours after the telephone call . If an eligible applicant accepts an appointment and fails to present him/her self for duty at the time and place specified, without giving reasons for the delay satisfactory to the Administrative Officer, they shall be deemed to have declined appointment.

   4.2

   If, in the exercise of choice, the Administrative Officer passes over the name of an individual on a register in connection with three (3) separate appointments made from the register, the name of such applicant shall thereafter not be certified to that Officer from the register for the future vacancies in that class of position unless so requested by the Administrative Officer in writing to the Director of Human Resources.

5. Change of Address or Other Personal Information. It shall be the responsibility of eligible applicants to notify the Human Resources Department in writing of any change of address, telephone number, or other changes which may affect employment availability. Whenever an eligible applicant submits a written statement restricting the conditions for employment, the eligible applicant's name will be withheld from all certifications for positions which do not meet the conditions specified.
   
   
6. Temporary, Seasonal, and Part-Time Appointments. If an employee is needed for a temporary, seasonal, or part-time period, the Administrative Officer shall submit a Personnel Action form to the Director of Human Resources. Temporary appointments shall not exceed ninety (90) days, with the period extendable for a period not to exceed an additional ninety (90) days for good cause as determined by the Director. Seasonal appointments shall not be for more than one hundred eighty (180) working days within any calendar year. Part-time appointments shall be limited to working an average of nineteen (19) hours per week, but not more than, one thousand thirty nine (1,039) hours in a calendar year.

   6.1	When there is an approved leave of absence for a merit position, a temporary replacement may be authorized for a period not to exceed six (6) months.
   6.2	Employees hired into a temporary, seasonal, part-time or other merit exempt position shall compete for appointment to merit positions when vacancies are advertised to the public.
   6.3	Employees hired into a temporary, seasonal, part-time or other merit exempt positions shall possess the minimum qualifications required in the classification description.

7. Appointments via Special Contracts. Employees hired for a specific period via a special contract are not merit and are subject to the limitations, terms, and conditions of the contract under which they are hired and do not have rights of appeal as provided to merit employees. Employment of such employees shall terminate at the end of the specific period for which they were hired unless their status has been changed to a merit employee via an approved personnel action form indicating such a change and signed by the Administrative Officer and the Director of Human Resources.

Appointment Rate

1. Appointment to any position in any class shall normally be made at the minimum rate of the appropriate salary range. The Director of Human Resources may authorize appointment at a higher rate if:
   
   
   1. A qualified individual cannot be recruited for the position at the beginning rate; or
      
      
   2. The qualifications of the individual selected for the position are substantially higher than the minimum requirements, and the individual can be expected to perform at a level equal to that of other employees being paid at the same rate.

Background Investigations

1. Employment Criminal History Background Check. Utah statute allows for employment criminal history background checks for employees who a) provide services to children or vulnerable adults, b) have fiduciary trust over money, c) who care for, have custody of or control of children or d) safeguard national security.

Certification of Department Payrolls

1. Examination. The Director of Human Resources may examine payrolls to determine conformity with the Merit System Rules and Regulations.
   
   
2. Certification. No new employee shall be hired in a position covered by these regulations, and no employee shall be changed in pay, title, or status, nor shall any employee be paid unless they are certified by the Director of Human Resources as being eligible under these regulations.

Certification of Eligible Applicants From Registers

1. Request for Certification. If a vacancy occurs in any position in any County department or if new positions are established and new employees are needed, a written request must be submitted by the Administrative Officer to the Director of Human Resources. This request shall state the number of positions to be filled in each class, identifying each class title and all other pertinent information.
   
   
2.  When a vacancy occurs in any department, it may, at the requesting Administrative Officer's discretion, be announced to County merit employees and they shall be given exclusive consideration during the first five (5) working days of the recruitment period. All interested employee applicants meeting the minimum requirements of this class specification will be required to submit a completed application to the Human Resources Department for review by the Administrative Officer. The Administrative Officer shall notify the Human Resources Department if an employee applicant is selected. If an employee is not selected, further recruitment and certification will be initiated.
   
   An Administrative Officer may choose not to advertise to County merit employees. The Administrative Officer will be required to obtain prior authorization from the Human Resources Director.
   
   
3.  If a merit employee does not apply within the first five (5) working days, they may still be considered but will have to compete with other eligible applicants and will not receive preference because of their merit status. Exceptions to this may be made to further affirmative action goals or to comply with employment laws.
   
   
4. Certification methods. Upon receipt of a written request, the Director of Human Resources shall certify and submit in writing to the Administrative Officer the names of persons from the most appropriate eligible register. If one (1) position is involved, the Director shall certify and submit the three (3) highest available names from the register established as a result of an open-competitive merit examination for that class of position. If more than one (1) position is involved, the Personnel Director shall, for each class of position, certify and submit from each of the above-described registers a total number of names equal to three (3) times the number of positions to be filled. However, the Director may certify and submit more than three (3) names for each position to be filled if the Director determines that circumstances justify the certification of a larger number of eligibles from the register. If the register established as a result of a County merit examination for a specific class of position is exhausted, then the Director shall certify and submit the names in accordance with the above procedure from the register or registers most appropriate. The certification shall include, for each individual on the certification, his or her name and register rating, and shall be accompanied by a copy of the application form. All persons having exactly the same final grade as the third person available on the register shall be certified.
   
   
5.  For a class of position where the number of declinations is large, the Director of Human Resources may furnish more than the number of names normally provided designating such names as a reservoir of eligibles from which selection may be made in the event of declinations by the higher ranking certified eligibles. A lessor number may be certified when there is not the required number on the eligible registers.
   
   
6.  An eligible applicant who accepts a probationary or regular appointment shall, by such acceptance, authorize his or her name to be removed from any County register on which his or her name appears.
   
   
7.  Any provision for retention on registers, admission to open-competitive examinations, or transfers between County departments by merit-covered employees shall be provided for in the Merit System Procedures.
   
   
8.  An eligible applicant may be considered not available by the Director of Human Resources if they fail to reply to a written inquiry of availability within three (3) working days after the transmission of inquiry to their last known address, or if they fail to reply within forty-eight (48) hours of a message left on a telephone answering machine.

Classification

1. Classification plan All Weber County positions will be classified under a plan composed of a list of authorized classes of positions supported by written specifications setting forth the duties and responsibilities of each class and the minimum qualifications necessary for appointment to a position of each class. These specifications will be reviewed and updated as necessary.

   1.1	Purpose. The purpose of Weber County's Classification Plan shall be to: Provide equal pay for equal work with regard to longevity and seniority. Establish minimum qualification standards for recruiting and testing purposes. This includes minimum requirements of training and experience, as well as minimum requirements of skills, knowledge, abilities, and other qualifications necessary for entry into the class. Provide uniform titles for positions. Provide a basis for establishing standards of work performance. Provide appointing authorities with a means of analyzing work distribution, areas of responsibility, lines of authority, and other important relationships between positions. Establish lines of promotion. Assist Administrative Officers in determining budget requirements. Indicate training needs.
   1.2	Administration of the Classification Plan. It shall be the responsibility of the Director of Human Resources to establish and maintain the classification plan.
   1.3	When a new position is created, the Administrative Officer shall send to the Human Resources Department a request for classification of the position with a description of the applicable duties and responsibilities to be assigned to the position. The Director of Human Resources shall then allocate the position to the proper class after analysis and evaluation of the duties and responsibilities involved without regard to the personal characteristics, abilities, or qualifications of any prospective incumbent.
   1.4	When the assignment of an employee has changed substantially, as to the kind and/or level of work, the Administrative Officer or the employee may initiate a request for a change in classification. Such request should be submitted in writing to the Director of Human Resources, accompanied by a class specification or position description prepared by the appointing authority, and will be subject to budgetary limitations. If the Director determines that the position has changed sufficiently, the Director will approve the requested change.
   1.5	Approved Classifications. Approved classifications shall constitute official titles and grades for all classes of positions in the respective departments and thereafter shall be used in all relevant personnel and financial records and forms, as well as in all examination procedures.
   1.6	No salaries shall be approved unless they conform to the approved Classification and Compensation Plans and/or one of the salary levels for the class.

2. Classes. A class shall be comprised of one or more positions that are similar in the basic character of their duties and responsibilities that the same pay range, title, and qualification requirements can be applied and the positions can fairly and equitably be treated under like conditions for all other personnel purposes. The same qualification requirements shall be applied to all positions in a class regardless of the department in which the position is located.

   2.1

   Class Specifications. Each class specification shall state the characteristic duties, responsibilities, and qualification requirements which distinguish a given class from other classes. Each specification shall be descriptive but not restrictive; that is, the class specification shall describe the more typical responsibilities which may be allocated to a given class, but shall not be construed to restrict the assignment of other duties related to the class.

Classification Adjustments

1. Reclassification. A reclassification of a position may be requested by an Administrative Officer by submission of the position description to the Director of Human Resources for evaluation. If reclassification appears justified, it will be reallocated to the department with a change in the title and/or grade. In such cases of reclassifications, the Director of Human Resources must certify that the incumbent meets the minimum qualifications for the position.
   
   

   1.1

   In the event of reclassification, an employee's salary will be adjusted to a rate within the new pay range. All employees subject to a reclassification shall remain on the same step within the new grade. All salary adjustments to an employee's wage shall become effective as designated by the Administrative Officer.

2. Salary Freeze. When a class is reclassified to a lower grade or when a position is reclassified to a class with a lower pay range, incumbents whose salaries are above the range maximum of the lower grade will be redlined and will not receive any increase in pay until the range maximum of the lower range exceeds their rate of pay.
   
   
3. Technical Adjustments Resulting from an Inequity. When requested by an Administrative Officer, the Director of Human Resources may approve a technical adjustment to correct inequities resulting from reclassification. An inequity is defined as a situation when a longer term employee is paid at a lesser, equal, or similar rate than a newer employee for the same classification. Requests and justification shall be written and submitted to the Director of Human Resources. Technical adjustments shall not affect an employee's eligibility date. The adjustment shall not exceed the salary range established for the position.
   
   
4. This policy shall not apply to positions that are exempt from merit system coverage.

Classifications Not Requiring Examinations

1. Classifications Not Requiring Higher Education or Examination. Classifications, where there is evidence that open or limited competition is not practical, i.e., unskilled positions for which there are no minimum qualifications, may be filled by noncompetitive appointments subject to the approval of the Director of Human Resources.
   
   
2. The Director of Human Resources shall periodically promulgate an up-to-date list of classifications assigned to the above list.
   
   
3. Certification shall be a result of evaluation of factors which specifically deal with the particular vacancy, such as: ability to perform essential duties, past employment record and references. The evaluation shall be performed by the Administrative Officer and certified by the Director of Human Resources.
   
   
4. Requests for positions within these categories shall conform to procedures as stated in the policy section governing Establishment of Registers.
   
   
5. Upon receipt of a written request, the Director of Human Resources shall certify and submit in writing to the Administrative Officer all of the names of available persons from the most appropriate eligibility list and/or register. The Administrative Officer may then select any one of the names appearing on the list.

Conduct

1. General provisions. Weber County employees are prohibited from engaging in activities that might have an unfavorable effect upon the County service. Employees must avoid any action that might result in or create the impression of using public office or position for private gain or preferential treatment.
   
   
2. Code of Conduct. The Human Resources Department shall ensure that each employee reads and signs a Code of Conduct upon hire.
   
   
3. Violations. Violation of any of the provisions of this policy or the Code of Conduct shall constitute just cause for disciplinary action, including dismissal. No employee shall be excused from the provisions of this policy or the Code of Conduct.

Weber County Code of Conduct

1. Weber County Government, like any other large enterprise, must maintain certain rules of conduct. These rules are essential to the successful operation of our organization, and they require the full cooperation of all employees. They define our rights and responsibilities as employees and ensure our effectiveness as a working team.
   
   No employee shall be excused from observing the rules of conduct. This code of conduct will be uniformly applied to all Weber County employees. When a rule is violated, the facts and circumstances of the individual case will be considered, and depending on the severity of the infraction, disciplinary action, ranging from a warning to a dismissal, may be applied.
   
   The Human Resources Department will issue each new employee a copy of this code. The employee's signed agreement to comply with the following rules of conduct will be contained in their file in the Human Resources Department.
   
   
2. Standards of Conduct
   1. Employees are expected to apply themselves fully to their assigned duties during the work schedule for which they are being compensated.
      
      
   2. Employees shall meet the performance standards established for their positions and shall report to their supervisors conditions or circumstances that would prevent them from performing their jobs effectively or from completing their assigned duties. Employees shall also bring to their supervisors' attention any unclear instructions or procedures that are not completely understood.
      
      
   3. Employees are expected to make prudent and frugal use of County funds, equipment, vehicles, buildings, and supplies.
      
      
   4. Employees shall observe all work rules established by their departments.
      
      
   5. Employees shall comply with all County employment policies, rules, and regulations.
      
      
   6. Employees shall comply with all Weber County Ordinances.
   
   
3. Records and Information (See Weber County Records Ordinance)
   Employees shall comply with the Weber County Government Records Management Ordinance when handling County records. Generally, the release of records shall only be done with approval of the Administrative Officer. County employees who are involved with information of public interest may not use this information for personal gain nor to benefit friends or acquaintances. If an employee has an outside interest which may be affected by or affect any Weber County program or activity, the employee must report this situation immediately to his/her Administrative Officer. Employees having access to privileged or confidential information are charged with the responsibility of ensuring that this information is released only to those individuals who are duly authorized to receive it. All records containing personal information (e.g., personnel records, medical records, test scores, criminal records, and salary information) shall be handled with strict confidentiality.
   
   
4. Equipment, Property, Supplies (See County Ordinance)
   No employee shall receive or take any equipment, property, or supplies for personal benefit regardless of whether the item is considered to have value or to be surplus. All property, equipment, and supplies shall be purchased and disposed of in compliance with County Ordinance 04-85.
   
   
5. Alcohol & Drugs (See Discipline Policy)
   Employees shall not report to work under the influence of alcohol or drugs. Employees shall not use alcohol or drugs while at work except for those drugs lawfully prescribed by a physician which do not impair performance. (Illegal drug possession or use may also result in disciplinary action which may include termination.)
   
   
6. Drug Free Workplace (See Drug Free Workplace Policy)
   Employees shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of illegal drugs and controlled substances in the Weber County workplace. Employees are required to notify their supervisor of any illegal drug or controlled substance criminal convictions, resulting from a violation occurring in the County workplace, no later than five (5) days after the conviction. Employees convicted of illegal drug or controlled substance violations in the County workplace are subject to appropriate disciplinary action, up to and including termination from County employment, may be required to satisfactorily complete a drug abuse assistance or rehabilitation program. Failure to report a conviction may subject the employee to separate disciplinary action.
   
   
7. Telephone Use (See Discipline Policy)
   Personal telephone calls by employees are permitted if they are very short, infrequent, and limited to local areas. Employees are not allowed to make personal long-distance calls at County expense.
   
   
8. Personal Mail (See Discipline Policy)
   Employees shall refrain from using their work address for personal mail. County stationery and letterheads shall not be used for personal or unauthorized correspondence.
   
   
9. Tardiness (See Attendance Policy)
   Tardiness causes the workday to begin in a disorganized manner, both for you and for those who work with you. For this reason, tardiness is considered a serious problem and is subject to disciplinary action.
   
   
10. On-The-Job-Injuries (See Workers' Compensation Policy)
    Any employee injured on the job shall report the fact immediately to his/her supervisor. If the injury requires immediate medical attention, the employee shall be taken to a Workers' Compensation Preferred Provider physician or hospital. Employees are required to use a Workers' Compensation Preferred Provider for their initial visit to a health care provider. Employees failing to use a Preferred Provider may be responsible for all costs incurred. A list of Preferred Providers is available in every department.
    
    
11. Outside Employment (See Outside Employment Policy)
    Employees may obtain other employment in addition to their jobs with Weber County, however, any outside employment shall be of such a nature that it will not affect the health, efficiency, effectiveness, or availability of employees in their positions with the County. In addition, employees may be required to modify or terminate outside employment if the Administrative Officer determines that the additional employment is not in the County's best interest. Employees shall not engage in outside employment activities while on duty.
    
    
12. Outside Compensation or Gifts (See Utah Code Annotated 67-16-5)
    No public officer or employee shall knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift, compensation or loan for themselves or another if it tends to influence them in the discharge of duties. Exceptions to this are: an occasional non-pecuniary gift, having a value less than $50 or an award publicly presented in recognition of public services.
    
    
13. Sex Harassment (See Sex Harassment Policy)
    Employees shall not conduct themselves in a manner which might be construed to be sex harassment towards another person.
    
    
14. Computer Policy (See Computer Usage Policy)
    Employees shall not use a County computer for political activity, self employment, or other employment. Entering or maintaining information on a County computer which is inimical to public service is prohibited.
    
    Employees shall use computer software only in accordance with the license agreement. Copying software licensed to, or developed by, Weber County for home computer use or any other purpose is prohibited. Bringing software from home computers to run on Weber County computers is also prohibited. Only authorized individuals may purchase, move, alter, or repair computer equipment and wiring.
    
    
15. Workplace Violence Policy (See Preventing Workplace Violence Policy)
    Weber County prohibits workplace violence, or the threat of violence, by any of its employees, customers, the general public, and anyone else who conducts business with the County. It is the intent of Weber County to provide a workplace which is free from intimidation, threats, or violent acts.
    
    Workplace violence includes, but is not limited to, verbal abuse, harassment, threats, physical attack, or property damage. A threat is the expression of an intent to cause physical or mental harm regardless of whether the person communicating the threat has the present ability to carry out the threat and regardless of whether the threat is contingent, conditional, or future. Any statement or act deemed offensive enough to create a hostile, abusive, or intimidating work environment may be interpreted as a threat. Physical attack is defined as unwanted or hostile physical contact with another person such as hitting, fighting, pushing, shoving, or throwing objects. Property damage is any damage to property owned by the County or an individual.
    
    The following guidelines are suggested actions to follow to reduce the potential for workplace violence:
    
    
    1. If a person becomes angry, the employee should courteously attempt to calm the person down. The employee should explain that he or she would like to help resolve their concerns, but this is more likely to happen if they can communicate calmly. If this approach does not work, the employee should call for assistance from their supervisor or another employee.
       
       
    2. If a person is threatening bodily harm, the employee should attempt to leave the scene, if it can be done safely. The employee should notify another employee or supervisor if possible. If the supervisor is unaware of the situation, the employee should notify the supervisor as soon as it can be done safely. Every employee is authorized and encouraged to call 911 when necessary. Employees should inform the dispatcher who they are, where they are, and what is happening. The dispatcher will provide further instructions.
    
    
16. Overtime (See Overtime & the Fair Labor Standards Act Policy)
    Employees will receive compensatory time in accordance with FLSA regulations.
    
    
17. Acknowledgment and Signature
    I understand there is a copy of the County Personnel Policies and Procedures and the Weber County Merit System Ordinance in my department which I may consult.
    
    I agree to submit to a physical examination, if required. I understand that no contract exists between Weber County and myself with respect to length of employment, salary ranges, movement within salary ranges, employee benefits, or other conditions of employment.
    
    I acknowledge that I have read and understand the Weber County Code of Conduct and that I agree to comply with all of its provisions. I understand that I may be disciplined (which may include termination) for violations of this Code of Conduct or other Weber County Policies and Procedures. I agree to be responsible for County property and equipment issued to me and to pay for property and equipment not returned.
    
    Please see form in Chapter 7 | Download Form as PDF

Cooperation With Other Merit Systems

1. Recognizing Merit Status in Comparable Systems.
   Upon written request from a department asking for recognition of an appropriate register or County Merit System status for a class of position established under another Merit System operating in conformity with the standards of the Weber County Merit System, the Director of Human Resources may require any available applicants to compete on an open-competitive basis, or may:
   
   
   1. Determine whether such merit system operates under standards comparable to Weber County's and obtain specific information or a copy of the minimum qualifications met by the applicant in such other jurisdiction.
      
      
   2. Approve the request for a probationary appointment if it is determined that:
      
      
      1. Such other merit system operates under comparable standards to Weber County's; and
      2. The class of position in the other jurisdiction is reasonably equivalent to the position to which an appointment is requested under the merit system.
   
   
2. Certification to Other Jurisdictions.
   Upon request for certification from any federal, state, county, or municipal civil service jurisdiction of an employee from a merit system register or of a former employee, the Director of Human Resources may make such certification if the Merit System records show that employee is both eligible and available for appointment under the Merit System.
   
   
3. Salary Adjustment Credit for Accredited Merit Service.
   A Department Director or Elected Official may, when hiring an employee from another Merit System, give years-of-service credit adjustments for a particular career path. Credit will be given as follows: One step for every two years of service. Credit can only be given for the same career path in which the employee is being hired, and must be approved by the Human Resources Director.

Effect of Revision in Specifications on Status of Regular and Probationary Employees

1. Revisions in Minimum Qualifications.
   A revision in the minimum qualifications of a class specification shall not affect the job status of any probationary or regular employee in that class of position in the service or on leave of absence.
   
   
2. Revisions in Duties.
   When the duties of a position are found to be out of line with the class title under which the employee is serving, or when the duties of a position have so changed that they no longer conform to the class title under which an employee is being paid, a reallocation of the position shall be made in accordance with Merit System Regulations. Following reallocation of the position, the Administrative Officer shall request the Director of Human Resources to certify whether the employee meets minimum requirements for the class of position to which the job is reallocated, unless such action is a demotion or reassignment within the same series of positions.

Equal Employment Opportunity

1.  It is the policy of Weber County to comply with the guidance set forth in Title VII of the Civil Rights Act of 1964.
   
   
2.  As an Equal Opportunity Employer, Weber County will assure fair treatment of applicants and employees in all phpects of personnel administration without regard to race, color, religion, sex, age, disability, national origin, or political affiliation.
   
   
3.  Applicants for employment will be evaluated on the basis of education, skills, and experience.
   
   
4.  Affirmative Action.
   Weber County has an Affirmative Action Plan outlining specific actions to be taken in order to meet equal employment opportunity objectives. It is the County's goal to conform with Title VII of the Civil Rights Act and other guidelines as mandated at the federal, state, and local level, and to seek qualified applicants from minority groups and protected classes.

Establishment of Registers

1. Director of Human Resources to Establish and Maintain Registers.
   It shall be the duty of the Administrative Officer of each department to notify the Director of Human Resources, as far in advance as possible, of vacancies which may occur in the department. The Director shall be responsible for determining the adequacy of existing registers for all positions.
   
   
2. Preparation of Registers.
   After each open-competitive examination, conducted under the supervisor of the Administrative Officer, the Director of Human Resources shall prepare a preliminary register of persons with passing grades in the order of grades earned beginning with the highest. The final rating given to the individual on the register shall be considered his or her rating throughout the life of the register.

   2.1

   If two (2) or more eligibles have final ratings which are identical they shall receive the same rating. Where there is only one (1) factor in the examination they shall be ranked in alphabetical order. In establishing an original register where there is more than one (1) factor in the examination, persons obtaining the highest total score shall be placed first on the register. In cases in which none of the above cover the situation, names shall be placed on the register in alphabetical order.

3. Veteran Preference.
   In awarding preference to eligible veterans who apply for County merit positions, five percent (5%) shall be added to the final examination scores for all veterans requesting such preference, provided the veteran:
   
   
   1. Has met the minimum education and experience requirements for the classification of positions;
      
      
   2. Has obtained passing grades in all factors and sub-factors of the examination and has obtained a final passing grade;
      
      
   3. Has not been granted veterans preference previously in obtaining employment with Weber County; and
      
      
   4. Has provided the Human Resources Department with official documents certifying honorable veteran's status.

   3.1	Disabled veterans or purple heart recipients as determined by the Veterans' Administration will have ten percent (10%) added to their final examination scores if they request such preference and provide the Human Resources Department with official documents certifying disabled veteran's status.
   3.2	Veterans who apply for a position that does not require an examination shall be given preference in interviewing and hiring for the position.
   3.3	Veterans' preference shall not be awarded to applicants who have retired from military service and who are receiving retirement benefits by virtue of their military service.

4. Duration of Registers.
   Registers shall automatically expire no later than one (1) year after the date established unless extended by the Director of Human Resources . During this one (1) year period, each register shall remain in effect until exhausted or replaced by a more recently established register except that, with the approval of the department concerned, the Director of Human Resources may cancel a register. A register may be deemed by the Director to be exhausted, if fewer than three (3) eligibles remain on the register.
   
   

   4.1	Positions for which current registers exist need not be advertised publicly again during the life of the register. However, announcement to all County departments may be made for each opening allowing qualified employees to apply prior to certification from said register.

5. Removal of Names from Register.
   The Director of Human Resources may remove the name of an eligible applicant from a register:
   
   
   1. For any of the causes shown under "Disqualification of Applicants" in this chapter;
      
      
   2. Upon receiving information that the eligible applicant cannot be located by postal authorities or by the department;
      
      
   3. Upon receipt of a statement from the eligible applicant stating that they no longer desire consideration for a position with a department;
      
      
   4. If three (3) offers of probationary appointment to the class for which the register was established have been declined by the eligible applicant.
   
   
6. Reappointment.
   The Director of Human Resources may certify the names of former merit employees, and forward to the department for consideration to rehire. Former employees shall be eligible for appointment to any position on the same or lower salary grade for which they qualify, for a period of one (1) year after terminating their employment with the County.

Examination

1. Examinations.
   Examinations for entrance to County service shall be conducted on an open-competitive basis. Examinations shall be designed and drafted to test qualifications for the employment sought and be rated objectively.
   
   

   1.1

   Examinations may include the following factors where applicable: A written test. A competitive performance keyboard test and ten-key test for clerical positions, and a qualifying performance test for other positions involving the operation of office machines. A rating of training and experience. An oral examination or interview.

2. The Director of Human Resources shall determine the factors of the examination and may divide factors into sub-factors where such action is advisable. Examinations required shall be at the discretion of the Director of Human Resources. In instances when it is anticipated the eligible register will be exhausted within a relatively short period, examination procedures may be abbreviated.
   
   
3. Notice of Examinations.
   The Director of Human Resources shall give announcement of all entrance examinations, as appropriate, at least fifteen (15) days before establishing a register and certifying therefrom. For classes of positions for which recruitment is difficult, the Director of Human Resources shall conduct a recruiting campaign in cooperation with the department in which reasonable efforts will be made to attract qualified persons to compete in these examinations.
   
   

   3.1	Notice of examinations shall be posted in the Weber Center and copies shall be sent to departments, newspapers, and such other organizations and individuals as the Director of Human Resources may deem expedient.
   3.2	Public announcement of examinations shall specify the title of the class of position, the duties to be performed, the minimum qualifications required, the final date on which applications will be received and other pertinent information.

4. Residence and Citizenship.
   The open-competitive examination shall, after published notice, be open to any person or persons, regardless of residence or citizenship, who are otherwise eligible. The County Commission may restrict selection of employees to citizens of the United States, of the State of Utah and of Weber County.
   
   
5. Applications. All applications must be completed and filed with the Department of Human Resources on or prior to the closing date specified in the announcement or postmarked before midnight of that date. Applications shall contain such information, in accordance with Equal Employment Opportunity Guidelines, as deemed necessary by the Director of Human Resources. All County employment applications shall be signed by the applicant, and the truth of all statements contained therein shall be considered to be certified by such signature.
   
   
6. Disqualification of Applicants.
   The Director of Human Resources may refuse to examine an applicant, or after examination, may disqualify such applicant, or remove the applicant from a register, or refuse to certify any eligible applicant on a register if the applicant:
   
   
   1. Is found to lack any of the preliminary requirements established for the examination for the class of position;
      
      
   2. Is so disabled as to be rendered unfit for the performance of the duties of the class;
      
      
   3. Is addicted to the use of drugs or the habitual use of intoxicating liquors to excess;
      
      
   4. Has been convicted of any felony or other offense which would disqualify the applicant under these rules or otherwise be so inimical to public service as to warrant disqualification;
      
      
   5. Has made a false statement of fact in the application or has practiced fraud or deception in the examination or in securing eligibility for appointment;
      
      
   6. Has previously been dismissed from any public service for cause;
      
      
   7. Has used or attempted to use political pressure or bribery to secure an advantage in establishing eligibility or an examination appointment;
      
      
   8. Has directly or indirectly obtained information regarding examinations to which, as an applicant, they were not entitled;
      
      
   9. Has failed to submit the application correctly, or within the prescribed time limits;
      
      
   10. Has taken part in the compilation, administration, or correction of the examinations;
       
       
   11. Has otherwise violated provisions of these regulations.
   
   
7. Conducting Examinations.
   The Director of Human Resources may designate such proctors as may be necessary to conduct examinations and may also arrange for the use of buildings in which to conduct examinations. The Director of Human Resources shall provide for the compensation of proctors.
   
   
8. Rating Examinations.
   The Director of Human Resources shall determine a final score for each applicant who passes all factors of the examination. Failure in any factor or sub-factor of an examination as set forth in the announcement shall disqualify the applicant in the entire examination and shall disqualify them from participation in subsequent factors or sub-factors of the examination. All applicants for the same position shall be accorded uniform and equal treatment in all phases of the examination procedure.
   
   

   8.1

   The Director of Human Resources shall utilize appropriate, recognized techniques and procedures in rating the results of examinations and in determining the final scores of the competitors. In determining the system for rating results of the examinations, the Director of Human Resources shall give due regard to the number of candidates and to the number of vacancies which may reasonably be expected to occur in the life of the register.

9. Rating Training and Experience.
   If training and experience comprise a factor of the total examination, the Director of Human Resources shall determine a procedure for the valuation of the training and experience qualifications of the various applicants. The formula used in appraisal shall give due regard to recency and quality, as well as quantity of experience and to the pertinency of the training. This procedure shall allow for substitution within the limits stated in the class specifications.
   
   
10. Investigations.
    Before rating training and experience or prior to certification from the register, the Director of Human Resources may investigate the applicant's training and experience to verify the statements contained in the application form and adduce evidence regarding the applicant's character and fitness. If this investigation produces information affecting the rating of training and experience, the Director of Human Resources shall rate or re-rate the applicant's record accordingly, make the necessary adjustments in the register, and notify the applicant of such re-rating.
    
    
11. Oral Examinations.
    An oral examination board shall consist, when practical, of three or more members, appointed by the Administrative Officer with the consent of the Director of Human Resources. The board shall be comprised of individuals who shall be known to be interested in the improvement of public administration and in the selection of efficient government personnel, and at least one of whom shall be technically familiar with the character of work in the position for which the applicant will be examined.
    
    
12. Examination Records.
    The Director of Human Resources shall be responsible for the maintenance of all records pertinent to the examination program. Applications and other necessary examination records shall be kept during the life of the register. Examination records of appointees shall be kept permanently, but examination records of other applicants, not appointed, may be destroyed thirty (30) days after the register expires. All notices of changes of address shall be filed, by applicants and eligibles, with the Director of Human Resources.
    
    
13. Examination Announcements.
    When a register is exhausted or is not sufficiently adequate to make proper certification for more than a two (2) month period, the Director of Human Resources shall determine whether there is a need for employees in that class of position, and if there is need, shall announce an examination.
    
    
14. Closing date.
    Applications received after the closing date officially announced shall be considered for the next examination given for that class of position, and the applicants shall be so notified, except that applications may be received after the closing date as long as it is possible and practicable to process the applications.
    
    
15. Education equivalents.
    Graduation from a standard senior high school shall be recognized if the applicant:
    
    
    1. Is a regular employee; or
       
       
    2. Has graduated from a standard senior high school; or
       
       
    3. Has been accepted for full matriculation by an accredited college or university either as a result of passing college entrance examinations following the completion of prescribed college courses or has otherwise completed college matriculation requirements; or
       
       
    4. Has passed a General Educational Development (GED) test.

    15.1	Forty-five (45) quarter hours or thirty (30) semester hours of credit from an institution of higher learning shall be accepted as equivalent to one (1) year of college education.
    15.2	When practicable, specifications shall be interpreted to recognize schooling in an accredited junior college or business college on a year for year basis the same as schooling in a four-year college.

16. Non-Competitive Examinations (for employees only).
    A non-competitive examination may be required by the Director of Human Resources for all promotions, demotions, and reassignments outside the series, reclassifications, and rehires within a department, or between departments, except in cases where an employee has passed a suitable examination within a series for a class of position not more than one (1) grade below the new position. However, such examinations may be limited to special cases requested by the Administrative Officer and approved by the Director of Human Resources.
    
    

    16.1	If the Director of Human Resources requires a noncompetitive examination, the employee shall be notified in writing and a copy of the notice sent to the Administrative Officer concerned.

17. Typing tests.
    Scores in typewriting for open-competitive examinations may be recognized for a period of not to exceed twelve (12) months from the date of the test.
    
    

    17.1	The Director of Human Resources may recognize certificates of proficiency which have been issued by reputable schools, businesses, or other departments, when conditions of issuance are standardized and are otherwise acceptable.

18. Other examinations.
    All medical examinations required shall be conducted by a licensed physician approved by the County, and the cost shall be paid by the County. If the physician deems any candidate medically unable to perform the duties of the position applied for, the physician shall state such reasons in writing.
    
    

    18.1	Refusal to submit to a medical examination, when required, shall be grounds for rejection.
    18.2	Prior to appointment, a candidate may be photographed and/or fingerprinted and asked to take a polygraph test for the purpose of routine background investigation. Refusal to submit to such an examination shall be grounds for rejection.
    18.3	Prior to employment all employees may be required to submit to a drug test. Positive results for illegal controlled substances shall be grounds for rejection.

Organization for Merit System

1. Appointment of Career Service Council.
   There shall be a Career Service Council of three (3) members appointed by the County Commission for three (3) year terms, except that original appointees under this ordinance shall be appointed and serve as follows:
   
   
   1. One (1) member shall have a term expiring December 31, 2001; one (1) member shall have a term expiring December 31, 2002; and one (1) member shall have a term expiring December 31, 2003.
      
      
   2. Successors shall be appointed for three-year terms. An appointment to fill a vacancy before the natural expiration of a term on the Council shall be only for the unexpired term of the member. Each member of the Council shall hold office until their successor is appointed.
      
      
   3. The members of the Council shall be persons in sympathy with the application of merit principles to public employment. Members of the Council may not hold another government office or be employed by the County. No more than two (2) members of the council shall be chosen from the same political party.
      
      
   4. Council members shall receive compensation at the rate of $75 per diem for each day or part thereof they are in session; the compensation rate may be adjusted periodically for inflation by the County Commission.
      
      
   5. Members of the Council shall be United States citizens and shall be residents of the State of Utah and of Weber County for a period of not less than one (1) year preceding the date of appointment.
   
   
2. Organization of Career Service Council.
   The Council shall elect one (1) of its members as chair, and two (2) or more members of the Council shall constitute a quorum necessary for carrying on the business and activity of the Council.
   
   
3. Duties and Responsibilities of Career Service Council.
   The Council shall hear appeals not resolved at lower levels in the cases of employees suspended, transferred, demoted, dismissed or discriminated against as defined herein, and shall report final binding appeals decisions, in writing, to the County Commission and the Human Resources Director. The right of appeal to the District Court under the provisions of the Utah Rules of Civil Procedure shall be as provided in these rules and ordinances and in accordance with state statutes.
   
   

   3.1	The Council shall have subpoena power to compel attendance of witnesses, and to authorize witness fees where it deems appropriate, to be paid at the same rate as in the District Court.

4. Removal From Office.
   A member of the Career Service Council may be removed by the County Commission for cause, after having been given a copy of the charges against them and an opportunity to be heard publicly on such charges before the County Commission.

Personnel Action Procedures

1. Hiring process.
   Before any person can be hired by any County department, the Administrative Officer must first submit a Personnel Action Form to the Human Resources Department. If a person is allowed to begin work prior to approval by the Human Resources Director, the person shall not have any rights to remain employed and may not be compensated.

Probationary Period

1. Nature, Purpose, and Duration.
   All probationary appointments shall be made with a probationary period of six (6) months of employment, with that period extendable for a time not to exceed an additional six (6) months for good cause as determined by the Administrative Officer and as approved by the Director of Human Resources. The probationary period shall be an essential part of the examination process and shall be utilized for the most effective adjustment of a new employee and for the elimination of any probationary employee whose performance does not meet the required standard of work. Individuals hired into applicable Assessor's Office positions, law enforcement and correction positions shall have their probationary period begin upon the date of hire and continue for six (6) months after they become state certified to function in their respective position. Probationary period for law enforcement, and correction positions shall not exceed twelve (12) months. Individuals who already have state certification when hired will follow the regular six (6) month probation period rule. Any extension to the original probationary period shall be communicated in writing to the employee with a copy forwarded to the Human Resources Department. The employee shall not have merit status during the initial probationary period or during any extension of the original probationary period.
   
   
2. Conditions Preliminary to Regular Appointment.
   Regular appointment of a probationary employee shall be based upon an evaluation in writing and shall begin with the date ending the probationary period. Notice of regular appointment shall be furnished to the employee and the Human Resources Department. Continuation in the position after the expiration of a probationary period shall constitute merit status.
   
   
   1. All original appointments, re-employment appointments, reinstatement appointments and promotions are subject to a probationary period. The probationary period shall be for six (6) months, but may be extended as outlined in 1.0.
      
      
   
   
3. Personnel Action Form Required.
   The Administrative Officer shall submit, in writing, a Personnel Action Form and recommendation for appropriate action at least two (2) weeks prior to the employee's eligibility to be placed on merit status. The recommendation shall include reasons for the action requested. One of the following actions may be recommended by the Administrative Officer:
   
   
   1. Recommend, based on satisfactory performance by the employee, that the employee be given merit status and a one step increase in pay.
      
      
   2. Recommend that the employee be dismissed.
      
      
   3. If the probation is the result of a promotion within the department, recommend that the employee be demoted (from the promoted position) and returned to the former position.
      
      
   4. In a situation involving a transfer between departments, recommend that the employee be dismissed.
      
      
   5. Recommend that the employee be put on extended probation. Length and terms of probation shall be included in the recommendation.
   
   
4. Promotion During Probation.
   The serving of a probationary period shall not of itself prevent a probationary employee from being promoted to a position of a higher classification, provided the employee is certified from the appropriate register in accordance with the provisions of these regulations. New hires serving the initial probationary period are not eligible for promotional consideration when a department is making an in-house promotion prior to opening a position for recruitment. If within the above limitation an employee is so promoted during a probationary period, the department shall start the probationary period with the effective date of the promotion.
   
   
5. Reclassification or Reassignment During Probation.
   Except in the manner provided for promotions during probation, an employee shall not be reclassified or reassigned during their probationary period to a higher level grade or salary without competing and being certified from an open register, unless the change is due to a change in the salary as a result of market analysis, or a reevaluation of the original duties of the position.
   
   
6. Dismissal During Probation.
   At any time during a probationary period an employee may be separated from the service without the right of appeal or hearing. Dismissal during the probationary period requires the concurrence of the Director of Human Resources.
   
   
   1. A person removed during their probationary period shall not be replaced on the eligibility register without passing another examination in conformity with these regulations, unless this provision is waived by the Director of Human Resources, based on individual circumstances.

Promotions

1. Promotion.
   Preference in promotions may be given to merit employees within a County department. New hires serving the initial probationary period are not eligible for promotional consideration when a department is making an in-house promotion prior to opening a position for recruitment through the Human Resources Department.

   1.1	A candidate for promotion must be certified to possess the qualifications for the position by the Director of Human Resources.
   1.2	When an Administrative Officer requests that an open-competitive examination be announced, the appointment shall be made from the certification approved by the Director. Once an open-competitive examination has been announced, and the time for promoting an employee who is not one of the top three (3) persons on the register has passed, the regulations allowing promotion of an employee shall not apply unless the promotion would facilitate compliance with stated goals such as affirmative action, disability, or similar circumstances.
   1.3	An employee who is promoted shall have his/her salary raised to the minimum rate of pay for the new grade if the salary before promotion is below such minimum rate. An employee may be granted a one, two or three step adjustment in pay above their previous salary when promoted, except as otherwise provided in these procedures. Supervisory positions may be exempt from this rule.
   1.4	An Elected Official may deem it desirable to promote from the full-time merit staff an employee to be "Chief Deputy," "Administrative Assistant" or "Executive Secretary." In these cases, the individual promoted to an exempt status under the Weber County Merit System has the right of returning to a classification comparable to the one held prior to being promoted to "Chief Deputy," "Administrative Assistant," or "Executive Secretary" of the Elected Official once the Elected Official terminates their term of office. If such action creates a problem of an "overstaffed" department the guidelines under the provision entitled "Reduction-in-Force" shall apply.
   1.5	If an Elected Official designates an individual to be "Chief Deputy," "Administrative Assistant" or "Executive Secretary" and the individual was not a full-time merit employee under the Weber County Merit System, the individual so designated does not have the right to automatically be covered under the Merit System and be classified in a covered status when the term of office of the Elected Official is completed. This individual must follow established procedures of being referred from the register for consideration of employment under the Weber County Merit System.
   1.6	The Commission may deem it desirable to promote from the merit staff under their jurisdiction an employee to be the head of a major department, or "Director," as the case may be. In such a case, the individual promoted to an exempt status under the Weber County Merit System has the right of returning to a classification comparable to the one held prior to being promoted to "Director" by the Commission unless the "Director's" appointment is terminated for cause. If the return creates a problem of an "overstaffed" department, the procedures under "Reduction-in-Force" shall apply.

2. Extra Credit for In-Service Experience.
   In rating an employee's education and experience to determine if they meet the minimum qualifications for a position, the Director of Human Resources shall take into consideration the employee's experience within a department when it is specifically related to the duties of the position for which the employee is being considered and may give double credit to the employee. In all cases where this "extra credit" is allowed for in-service experience, it shall apply only to the determination of whether the employee meets the minimum education and experience requirements for the position.