2006 Utah Code - 10-3-1106 — Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure.

     10-3-1106.   Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure.
     (1) An employee to which Section 10-3-1105 applies may not be discharged, suspended without 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, or heads of departments.
     (2) (a) If an employee is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any reason, the employee may, subject to Subsection (2)(b), appeal the discharge, suspension without pay, or involuntary 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 shall exhaust 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 the appeal with the municipal recorder within ten days after:
     (i) if the municipality provides an internal grievance procedure, the employee receives notice 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 shall forthwith refer a copy of the appeal to the appeal board.
     (ii) Upon receipt of the referral from the municipal recorder, the appeal board shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the 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 be certified to the recorder within 15 days from the date the matter is referred to it, except as provided in Subsection (5)(a)(ii).
     (ii) For good cause, the board may extend the 15-day period under Subsection (5)(a)(i) to a 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 shall receive:
     (i) the employee's salary for the period of time during which the employee is discharged or suspended without pay; or
     (ii) any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.
     (6) (a) A final action or order of the appeal board may be appealed to the Court of Appeals by filing with that court a notice of appeal.
     (b) Each notice of appeal under Subsection (6)(a) shall be filed within 30 days after the issuance of 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 number of members, the designation of their terms of office, and the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance.
     (b) For a municipality operating under a form of government other than a council-mayor form under Part 12, Optional Forms of Municipal Government Act, an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board.

Amended by Chapter 260, 2004 General Session