Utah Code § 63A-17-106 — Utah Code / Title 63A / Chapter 63A-17 / § 63A-17-106
§ 63A-17-106. Responsibilities of the director.
Status: in_force

(1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy. (2) The director shall have full responsibility and accountability for the administration of the statewide human resource management system. (3) Except as provided in Section 63A-17-201, an agency may not perform human resource functions without the consent of the director. (4) Statewide human resource management rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if there is a conflict with agency rules, policies, or practices. (5) The division may operate as an internal service fund agency in accordance with Section 63J-1-410 for the human resource functions the division provides. (6) The director shall: (a) develop, implement, and administer a statewide program of human resource management that will: (i) aid in the efficient execution of public policy; (ii) foster careers in public service for qualified employees; and (iii) render assistance to state agencies in performing their missions; (b) design and administer the state pay plan; (c) design and administer the state classification system and procedures for determining schedule assignments; (d) design and administer the state recruitment and selection system; (e) administer agency human resource practices and ensure compliance with federal law, state law, and state human resource rules, including equal employment opportunity; (f) consult with agencies on decisions concerning employee corrective action and discipline; (g) maintain central personnel records; (h) perform those functions necessary to implement this chapter unless otherwise assigned or prohibited; (i) perform duties assigned by the governor, executive director, or statute; (j) make rules for human resource management, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (k) establish and maintain a management information system that will furnish the governor, the Legislature, and agencies with current information on authorized positions, payroll, and related matters concerning state human resources; (l) conduct research and planning activities to: (i) determine and prepare for future state human resource needs; (ii) develop methods for improving public human resource management; and (iii) propose needed policy changes to the governor; (m) study the character, causes, and extent of discrimination in state employment and develop plans for its elimination through programs consistent with federal and state laws governing equal employment opportunity in employment; (n) establish compensation policies and procedures for early voluntary retirement; (o) confer with the heads of other agencies about human resource policies and procedures; (p) submit an annual report to the executive director, the governor, and the Legislature; and (q) assist with the development of a vacant position report required under Subsection 63J-1-201(2)(b)(vi). (7) (a) After consultation with the executive director, the governor, and the heads of other agencies, the director shall establish and coordinate statewide training programs, including training described in Subsection (7)(e). (b) The programs developed under this Subsection (7) shall have application to more than one agency. (c) The division may not establish training programs that train employees to perform highly specialized or technical jobs and tasks. (d) The division shall ensure that any training program described in this Subsection (7) complies with Title 63G, Chapter 22, State Training and Certification Requirements. (e) (i) As used in this Subsection (7)(e): (A) "Employee" means an employee included in an agency's pay for performance policy adopted in accordance with Section 63A-17-112. (B) "Supervisor" means an individual in a position at an agency, as defined in Section 63A-17-112, that requires the regular supervision and performance evaluation of an employee. (ii) A supervisor shall attend the training: (A) within six months of being promoted or hired to the position of supervisor; and (B) at least annually. (iii) A supervisor's completion of training and effective use of training information and principles shall be considered in an evaluation of the supervisor's job performance. (iv) The training shall include: (A) effective employee management and evaluation methods based on the pay for performance management system described in Section 63A-17-112; (B) instruction to improve supervisor and employee communications; (C) best practices for recognizing and retaining high-performing employees; (D) best practices for addressing poor-performing employees; and (E) any other information and principles identified by the division to improve management or organizational effectiveness. (8) (a) (i) The division may collect fees for training as authorized by this Subsection (8). (ii) Training funded from General Fund appropriations shall be treated as a separate program within the department budget. (iii) All money received from fees under this section will be accounted for by the department as a separate user driven training program. (iv) The user training program includes the costs of developing, procuring, and presenting training and development programs, and other associated costs for these programs. (b) (i) Funds remaining at the end of the fiscal year in the user training program are nonlapsing. (ii) Each year, as part of the appropriations process, the Legislature shall review the amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require the department to lapse a portion of the funds. (9) Rules described in Subsection (6)(j) shall provide for at least three work days of paid bereavement leave for an employee: (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth; or (b) following the end of another individual's pregnancy by way of a miscarriage or stillbirth, if: (i) the employee is the individual's spouse or partner; (ii) (A) the employee is the individual's former spouse or partner; and (B) the employee would have been a biological parent of a child born as a result of the pregnancy; (iii) the employee provides documentation to show that the individual intended for the employee to be an adoptive parent, as that term is defined in Section 81-13-101, of a child born as a result of the pregnancy; or (iv) under a valid gestational agreement in accordance with Title 81, Chapter 5, Part 8, Gestational Agreement, the employee would have been a parent of a child born as a result of the pregnancy.