The Attraction to At-Will Employment in Utah Governments

Abstract

This article explores the mindset among Utah politicians and public administrators regarding at-will employment and related personnel reforms. At-will employment status is expanding in some Utah governments, and little is known about why. A small but influential group of officials were interviewed in hopes of learning more about this. Findings reveal a wide variation in attitudes and understanding of what at-will employment entails. Many of those interviewed expressed a willingness to consider it, and others showed stoical acceptance of it as another emerging feature of public personnel policy.

Keywords:

• at-will
• merit
• accountability
• public employment

Notes

2. For example, Governor Leavitt, early in his administration (1992–2004), talked of converting the entire state service to at-will status, but this was quickly dismissed in favor of converting only division directors who, arguably, possessed “policymaking responsibilities.” Prison wardens were also converted on similar grounds. Though limited in scope, both efforts were quite controversial. Prior to these changes, the Department of Environmental Quality converted employees to at-will status. In recent years, attempts have been made in the legislature to convert attorneys in the Attorney General's office to at-will in exchange for higher salaries. To date the effort has failed.

3. State officials claim that the recently passed IT bill was not aimed at specific employees. They claim that many employees are motivated and excited about the change. To allay concerns about losing protected status, employees who lose their jobs will be offered training and first opportunity at other jobs in the state system. They also claim that employees who remain will likely be paid more competitive wages because their skills will be updated. Also, the new agency must provide quarterly reports to the legislature, and before implementing any large-scale changes, must receive legislative approval.

4. Ibid., Forthcoming.