(1) The career service: (a) is a permanent service to which this part applies; and (b) comprises all tenured county positions in the public service, except: (i) subject to Subsection (2): (A) the county executive, members of the county legislative body, and other elected officials; and (B) each major county department head charged directly by the county legislative body, or by a board appointed by the county legislative body, with the responsibility of assisting to formulate and carry out policy matters; (ii) one confidential administrative assistant for each elected county officer and major county department head, if a confidential administrative assistant is assigned; (iii) an administrative assistant to the county executive, each member of the county legislative body, and each elected official, if an administrative assistant is assigned; (iv) each duly appointed chief deputy of any elected county officer who takes over and discharges the duties of the elected county officer in the absence or disability of the elected county officer; (v) subject to Subsection (3), an individual who is: (A) appointed by an elected county officer to be a division director, to administer division functions in furtherance of the performance of the elected officer's professional duties; (B) in a confidential relationship with the elected county officer; and (C) not in a law enforcement rank position of captain or below; (vi) each person employed to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the county legislative body or one of its committees; (vii) each noncareer employee: (A) compensated for the employee's services on a seasonal or contractual basis; and (B) hired on emergency or seasonal appointment basis, as approved by the council; (viii) each provisional employee, as defined by the county's policies and procedures or personnel rules; (ix) each part-time county employee, as defined by the county's policies and procedures or personnel rules; (x) each county employee appointed to perform: (A) work that does not exceed three years in duration; or (B) work with limited funding; and (xi) each county position that, by the position's confidential or key policy-determining nature, cannot or should not be appropriately included in the career service. (2) (a) Subject to Subsection (2)(b), before a position under Subsection (1)(b)(i) may be changed from the position's current status to exempt or tenured, the legislative body shall, after giving due notice, hold a public hearing on the proposed change of status. (b) A legislative body may change a position under Subsection (2)(a) only after the position becomes vacant. (3) (a) Subsection (1)(b)(v) may not be construed to cause an individual serving as a nonexempt county employee on May 5, 2008, in a position described in that subsection to lose the nonexempt status. (b) The elected county officer in a supervisory position over a county employee described in Subsection (3)(a) shall work with the county's office of personnel management to develop financial and other incentives to encourage a nonexempt employee to convert voluntarily to exempt status. (4) (a) County policies made in conformity with this part shall list by job title and county department, office or agency, each position designated as exempt under Subsection (1)(b)(xi). (b) A change in exempt status of a position designated as being exempt under Subsection (1)(b) (xi) constitutes an amendment to the personnel rules made under this chapter.
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