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This document includes House Floor Amendments incorporated into the bill on Mon, Mar 5, 2012 at 5:02 PM by lerror. --> 1
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to employment by a municipality.
10 Highlighted Provisions:
11 This bill:
12 . clarifies provisions related to the classified civil service;
13 . amends provisions related to duration and termination of a municipal employee;
14 . amends provisions related to the discharge, suspension, or involuntary transfer of a
15 municipal employee and related procedures; and
16 . makes technical corrections.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 10-3-1002, as last amended by Laws of Utah 2001, Chapter 178
24 10-3-1105, as last amended by Laws of Utah 2004, Chapter 260
25 10-3-1106, as last amended by Laws of Utah 2008, Chapters 19 and 115
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-3-1002 is amended to read:
29 10-3-1002. Classified civil service -- Places of employment constituting classified
30 civil service -- Appointments to and from classified civil service.
31 (1) The classified civil service shall consist of all places of employment now existing
32 or hereafter created in or under the police department and the fire department of each first or
33 second class city that establishes a civil service commission and the health department in each
34 first class city that establishes a civil service commission, except the head of the departments,
35 deputy chiefs of the police and fire departments, and assistant chiefs of the police department
36 and fire department in cities of the first and second class, and the members of the board of
37 health of the departments.
38 (2) No appointments to any of the places of employment constituting the classified
39 civil service in the departments shall be made except according to law and under the rules and
40 regulations of the civil service commission.
41 (3) The head of each of the departments may, and the deputy chiefs of the police and
42 fire departments and assistant chiefs of the police [
43 appointed from the classified civil service, and upon the expiration of the term or upon the
44 appointment of a successor shall be returned thereto.
45 Section 2. Section 10-3-1105 is amended to read:
46 10-3-1105. Municipal employees -- Duration and termination of employment --
48 (1) (a) Except as provided in Subsection (1)(b) or (2), each employee of a municipality
49 shall hold employment without limitation of time, being subject to discharge, suspension of
50 over two days without pay, or involuntary transfer to a position with less remuneration only as
51 provided in Section 10-3-1106 .
52 (b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily
53 transferred to a position with less remuneration if the discharge or involuntary transfer is the
54 result of a layoff H. [
55 (2) Subsection (1)(a) does not apply to:
56 (a) [
56a manager, or other person or body
58 (i) the appointment is made in writing; H. [
59 (ii) the person's written job description identifies the person's position as H. [
60 at-will position with the municipality
60a Subsection (1)(a) .H ; H. and
60b (iii) the position is described in an ordinance as exempt from the protections described
60c in Subsection (1)(a); .H
61 (b) a member of the municipality's police department or fire department who is a
62 member of the classified civil service in a first or second class city;
63 (c) a person who holds a position described H. [
64 a local ordinance or local personnel policy
64a position designated in a municipal ordinance or personnel policy .H :
73a firefighters; H. [
74a H. (xi) a person who works in the office of an elected official; or
74b (xii) a secretarial or administrative assistant support position that is specifically
74c designated as a position to assist an elected official or the head or deputy head of a municipal
74d department; .H
77 (d) an individual appointed to a position under Part 9, Appointed Officials and Their
78 Duties, including:
79 (i) the city engineer;
80 (ii) the city recorder;
81 (iii) the city treasurer; or
82 (iv) the city attorney; or
83 (e) an employee who has:
84 (i) acknowledged in writing that the employee's employment status is appointed or
85 at-will; or
86 (ii) voluntarily waived the procedures required by Section 10-3-1106 .
86a H. (3) In addition to the persons described in Subsections (2)(b) through (e), a
86b municipality may appoint up to 5% of the municipality's workforce in accordance with
86c Subsection (2)(a).
86d (4) Nothing in this section or Section 10-3-1106 may be construed to limit a
86e municipality's ability to define cause for an employee termination or reduction in force. .H
87 Section 3. Section 10-3-1106 is amended to read:
88 10-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals
89 -- Board -- Procedure.
90 (1) An employee to which Section 10-3-1105 applies may not be discharged,
91 suspended without pay, or involuntarily transferred to a position with less remuneration:
92 (a) because of the employee's politics or religious belief; or
93 (b) incident to, or through changes, either in the elective officers, governing body, or
94 heads of departments.
95 (2) (a) If an employee other than an employee described in Subsection 10-3-1105 (2) is
96 discharged, suspended for more than two days without pay, or involuntarily transferred from
97 one position to another with less remuneration for any disciplinary reason, the employee may,
98 subject to Subsection (2)(b), appeal the final decision to discharge, [
99 without pay, or [
101 (b) If the municipality provides an internal grievance procedure, the employee shall
102 exhaust the employee's rights under that grievance procedure before appealing to the appeal
103 board or hearing officer.
104 (3) (a) Each appeal under Subsection (2) shall be taken by filing written notice of the
105 appeal with the municipal recorder in accordance with procedures established by a municipality
106 within 10 calendar days after:
107 (i) if the municipality provides an internal grievance procedure, the employee receives
108 notice of the final disposition of the municipality's internal grievance procedure; or
109 (ii) if the municipality does not provide an internal grievance procedure, the discharge,
110 suspension, or involuntary transfer.
111 (b) (i) Upon the filing of an appeal under Subsection (3)(a), the municipal recorder
112 shall [
113 officer described in Subsection (7).
114 (ii) Upon receipt of the referral from the municipal recorder, the appeal board [
116 receive evidence[
117 for the discharge, suspension, or transfer.
118 (4) (a) An employee who is the subject of the discharge, suspension, or transfer may:
123 (b) An employee or the municipality may request the hearing described in Subsection
125 (5) (a) (i) [
127 (ii) The appeal board or the hearing officer shall certify a decision by the appeal board
128 or hearing officer, respectively, with the recorder no later than 15 days after the day on which
129 the hearing is held, except as provided in Subsection (5)(a)[
131 period under Subsection (5)(a)[
132 municipality both consent.
133 (b) If [
134 board or hearing officer shall provide that the employee shall receive:
135 (i) the employee's salary for the period of time during which the employee is
136 discharged or suspended without pay less any amounts the employee earned from other
137 employment during this period of time; or
138 (ii) any deficiency in salary for the period during which the employee was transferred
139 to a position of less remuneration.
140 (6) (a) A final action or order of the appeal board or hearing officer may be reviewed
141 by the Court of Appeals by filing with that court a petition for review.
142 (b) [
143 issuance of the final action or order of the appeal board or hearing officer.
144 (c) The Court of Appeals' review shall be:
145 (i) on the record of the appeal board or hearing officer; and
146 (ii) for the purpose of determining if the appeal board or hearing officer abused its
147 discretion or exceeded its authority.
148 (7) (a) The method and manner of choosing a hearing officer or the members of the
149 appeal board, the number of members, the designation of [
150 appeal board member's term of office, and the procedure for conducting an appeal and the
151 standard of review shall be prescribed by the governing body of each municipality by
153 (b) For a municipality operating under a form of government other than a
154 council-mayor form under Chapter 3b, Part 2, Council-mayor Form of Municipal Government,
155 an ordinance adopted under Subsection (7)(a) may provide that the governing body of the
156 municipality shall serve as the appeal board.
157 (8) This section does not apply to an employee:
158 (a) described in Subsection 10-3-1105 (2); or
159 (b) discharged or transferred to a position with less remuneration if the discharge or
160 transfer is the result of a layoff, reorganization, or other non-disciplinary reason.
Legislative Review Note
as of 2-21-12 2:24 PM