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Senate approves changes to Office of State Board of Education employment after heated debate

Utah State Senate · March 1, 2016
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Summary

Senate passed second substitute Senate Bill 176 to allow targeted incentives for certain Office of State Board of Education employees to voluntarily convert to at-will employment upon promotion or pay increases; supporters cited recruitment needs, opponents warned of patronage and loss of merit protections.

The Utah Senate approved Second Substitute Senate Bill 176 on the floor after extended debate over whether the measure would erode merit protections for employees of the Office of the State Board of Education.

Sponsor remarks and supporting senators framed the bill as a narrowly tailored set of incentives allowing certain Office of State Board of Education employees to volunteer to convert to at-will employment when taking a promotion, transfer or pay increase. A sponsor cited an audit recommendation and pointed to Department of Technology Services experience where "93% of employees in the Department of Technology Services have relinquished their career service status in exchange for a 3 step salary increases." Supporters argued the approach would help recruit scarce IT and finance personnel.

Opponents, including Senator Dabakis and Senator Davis, said the provisions risked replacing career service protections with patronage, arguing that converting merit employees to at-will status "puts them at the whim of a commissioner." Senator Davis warned the change could revive a 'buddy system' rather than preserve professional merit-based appointments.

After floor debate and summation, the Senate recorded a roll-call vote. The transcript records Second Substitute SB 176 "having received 18 yea votes, 9 nay votes," and that the bill was ordered read for a third time and advanced.

The bill's sponsor noted the measure ‘‘does not convert anybody to at-will employment, but it offers incentives for people to volunteer to do so,'' while opponents maintained it posed risks to the longstanding merit system. The floor record shows the disagreement and the final tally; bill enrollment and any implementing rules or administrative steps were not detailed in the recorded remarks.