State Codes and Statutes
Statutes > Utah > Title-10 > Chapter-03 > 10-3-110610-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals --Board -- Procedure.
(1) An employee to which Section 10-3-1105 applies may not be discharged, suspendedwithout pay, or involuntarily transferred to a position with less remuneration:
(a) because of the employee's politics or religious belief; or
(b) incident to, or through changes, either in the elective officers, governing body, orheads of departments.
(2) (a) If an employee is discharged, suspended for more than two days without pay, orinvoluntarily transferred from one position to another with less remuneration for any reason, theemployee may, subject to Subsection (2)(b), appeal the discharge, suspension without pay, orinvoluntary transfer to a board to be known as the appeal board, established under Subsection (7).
(b) If the municipality provides an internal grievance procedure, the employee shallexhaust the employee's rights under that grievance procedure before appealing to the board.
(3) (a) Each appeal under Subsection (2) shall be taken by filing written notice of theappeal with the municipal recorder within 10 days after:
(i) if the municipality provides an internal grievance procedure, the employee receivesnotice of the final disposition of the municipality's internal grievance procedure; or
(ii) if the municipality does not provide an internal grievance procedure, the discharge,suspension, or involuntary transfer.
(b) (i) Upon the filing of an appeal under Subsection (3)(a), the municipal recorder shallforthwith refer a copy of the appeal to the appeal board.
(ii) Upon receipt of the referral from the municipal recorder, the appeal board shallforthwith commence its investigation, take and receive evidence, and fully hear and determinethe matter which relates to the cause for the discharge, suspension, or transfer.
(4) An employee who is the subject of the discharge, suspension, or transfer may:
(a) appear in person and be represented by counsel;
(b) have a public hearing;
(c) confront the witness whose testimony is to be considered; and
(d) examine the evidence to be considered by the appeal board.
(5) (a) (i) Each decision of the appeal board shall be by secret ballot, and shall becertified to the recorder within 15 days from the date the matter is referred to it, except asprovided in Subsection (5)(a)(ii).
(ii) For good cause, the board may extend the 15-day period under Subsection (5)(a)(i) toa maximum of 60 days, if the employee and municipality both consent.
(b) If it finds in favor of the employee, the board shall provide that the employee shallreceive:
(i) the employee's salary for the period of time during which the employee is dischargedor suspended without pay; or
(ii) any deficiency in salary for the period during which the employee was transferred to aposition of less remuneration.
(6) (a) A final action or order of the appeal board may be reviewed by the Court ofAppeals by filing with that court a petition for review.
(b) Each petition under Subsection (6)(a) shall be filed within 30 days after the issuanceof the final action or order of the appeal board.
(c) The Court of Appeals' review shall be on the record of the appeal board and for the
purpose of determining if the appeal board abused its discretion or exceeded its authority.
(7) (a) The method and manner of choosing the members of the appeal board, the numberof members, the designation of their terms of office, and the procedure for conducting an appealand the standard of review shall be prescribed by the governing body of each municipality byordinance.
(b) For a municipality operating under a form of government other than a council-mayorform under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government, an ordinanceadopted under Subsection (7)(a) may provide that the governing body of the municipality shallserve as the appeal board.
Amended by Chapter 19, 2008 General Session
Amended by Chapter 115, 2008 General Session
