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  • Amendment to personnel policy will allow Sheriff to hire second chief deputy


By Myrna Trauntvein
Times-News Correspondent

Juab County Sheriff may now have two chief deputies and will be the only elected official who will be allowed to have two.

It took a policy amendment which was approved by county commissioners on Monday to allow the change.

Nile Robinson, who was in attendance at the meeting, asked commissioners if the sheriff did not already have two chief deputies.

"Isn't Jim Stephenson, the chief deputy over the patrol division and isn't Pat Baxter already the jail commander?" he asked.

Mike Seely, county administrator, said that was not the case. In fact, Baxter was listed as the jail Sgt. He said Sheriff Alden Orme planned to recruit a person to be the chief deputy over the corrections division.

"In effect, we are brining the policy into line," said Neil Cook, commission chairman."The new wording puts his desire into the policy manual and makes it acceptable for the sheriff to have two chief deputies."

The section of the Career Service Exempt or Non-Merit Employees explains that a career service exempt employee is one who serves at the will and pleasure of the County Commission or another elected county official.

"The person to be the chief deputy over corrections will be appointed by the sheriff," said Jared Eldridge, county attorney. "He will be appointed and will serve at the will and pleasure of the county sheriff and can be removed whenever the sheriff decides it is wise to do so."

However, the County Commission, county department heads or supervisors shall not discriminate against career service exempt employees in personnel actions.

According to the policy, each elected official, except for the Sheriff, may appoint one chief deputy for their office and may be authorized by commissioners to hire one or more non appointed support staff.

"The Sheriff may appoint one Chief Deputy for the Patrol Division and one Chief Deputy for the Corrections Division," reads the new addition to the policy.

The Chief Deputy must be a full time employee and is appointed to act in the stead of the elected official and is delegated the authority and responsibility of the elected official when absent.

All elected and appointed officials are classified as career service exempt or non merit employees and are exempt from the overtime provisions of the FLSA. However, the County does allow FLSA exempt employees to manage their time professionally and to accrue and use time earned as a result of overtime at a rate of straight time for those hours worked in excess of 40 hours per week.

Alternately, the County may choose to pay this class of employee cash for overtime at a straight rate. Such time will lapse at the end of each calendar year if not used unless approved in writing by the Commission or the elected appointing official.

Appointed officials serve at the will and pleasure of the elected appointing official and do not have career service rights.

Appointed officials include the Administrator Assistant to the Commission, the Chief Deputy Assessor, the Chief Deputy Attorney, the Chief Deputy Clerk/Auditor, the Chief Deputy Recorder, the Chief Deputy Treasurer, the Chief Deputy Sheriff for the Patrol Division and the Chief Deputy Sheriff (if one is appointed)for the Corrections Division.

Appointed officials may be selected through a competitive process though a competitive recruitment does not change the employee status of career service exempt or non merit or FLSA exempt.

An exempt or non merit employee may obtain career service status by successfully competing for a career service position.

"The sheriff plans to recruit for a chief deputy over the corrections division," said Seely.

The change in the personnel policy makes it possible for the sheriff to have two chief deputies while all other elected officials still, according to the amendment, will have but one per department.

Other deputies may be hired to assist but there will be only one chief deputy per department except for the sheriff's office.

"Both the corrections deputy and the patrol division deputy are jobs that take a great deal of work and that is why the sheriff has requested he be allowed to have two different individuals in those positions," said Cook.

The amendment to the personnel policy was to take effect immediately.