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2017 Utah Code
Title 67 - State Officers and Employees
Chapter 21 - Utah Protection of Public Employees Act
Section 3.6 - Administrative review for political subdivision employees.
Universal Citation: UT Code § 67-21-3.6 (2017)
67-21-3.6. Administrative review for political subdivision employees.
Enacted by Chapter 427, 2013 General Session
- (1)
- (a) A political subdivision may adopt an ordinance to establish an independent personnel board to hear and take action on a complaint alleging adverse action.
- (b) The ordinance described in Subsection (1)(a) shall include:
- (i) procedures for filing a complaint and conducting a hearing; and
- (ii) a burden of proof on the employer to establish by substantial evidence that the employer's action was justified by reasons unrelated to the employee's good faith actions under Section 67-21-3.
- (2) If a political subdivision adopts an ordinance described in Subsection (1), a political subdivision employee may file a complaint with the independent personnel board alleging adverse action.
- (3) If an independent personnel board finds that adverse action is taken in violation of the ordinance described in Subsection (1)(a), the independent personnel board may order:
- (a) reinstatement of the employee at the same level as before the adverse action;
- (b) the payment of back wages;
- (c) full reinstatement of fringe benefits;
- (d) full reinstatement of seniority rights; or
- (e) if the adverse action includes failure to promote, as described in Subsection 67-19a-101(8)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
Enacted by Chapter 427, 2013 General Session
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