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S.B. 23 Enrolled
This bill modifies provisions of the Utah Municipal Code relating to municipal officers
. modifies the officers and employees of a municipality to whom certain provisions
relating to the duration of employment and appeals from employment decisions
. modifies the composition of an appeal board for employment decisions;
. modifies the process for appealing an action or decision of the appeal board;
. expands circumstances covered by provisions relating to limitations on taking
negative employment action;
. requires rather than permits the appeal board to provide that an employee receive
back salary if the board finds in favor of the employee; and
. makes technical changes.
Monies Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
10-3-1105, as enacted by Chapter 48, Laws of Utah 1977
10-3-1106, as enacted by Chapter 48, Laws of Utah 1977
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-3-1105 is amended to read:
10-3-1105. Municipal employees -- Duration and termination of employment --
(1) Except as provided in Subsection (2), each employee of a municipality shall hold
position with less remuneration only as provided in Section 10-3-1106 .
(2) Subsection (1) does not apply to:
(a) an officer appointed by the mayor or other person or body exercising executive power
in the municipality;
(b) a member of the municipality's police department or fire department who is a member
of the classified civil service in a first or second class city;
(c) a police chief of the municipality;
(d) a deputy police chief of the municipality;
(e) a fire chief of the municipality;
(f) a deputy or assistant fire chief of the municipality;
(g) a head of a municipal department;
(h) a deputy of a head of a municipal department;
(i) a superintendent;
(j) a probationary employee of the municipality;
(k) a part-time employee of the municipality; or
(l) a seasonal employee of the municipality.
(3) Nothing in this section or Section 10-3-1106 may be construed to limit a
municipality's ability to define cause for an employee termination or reduction in force.
Section 2. Section 10-3-1106 is amended to read:
10-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals --
Board -- Procedure.
may not be discharged, suspended without pay, or involuntarily transferred to a position with less
(a) because of [
(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, [
suspension without pay, or involuntary transfer to a board to be known as the appeal board
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.
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 [
recorder shall forthwith refer a copy of the [
(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.
suspension, or transfer may:
(a) appear in person and [
(b) have a public hearing[
(c) confront the witness whose testimony is to be considered[
(d) examine the evidence to be considered by the appeal board.
certified to the recorder [
(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 [
(i) the employee's salary for the period of time during which [
(ii) any deficiency in salary for the period [
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, [
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
(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
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