Chapter 3.30
EMPLOYEE APPEAL BOARD
Sections:
3.30.010 Establishment.
There is hereby created an Employee Appeal Board as required by Section 10-3-1106, Utah Code Annotated 1953, as amended, to hear appeals of covered employees who have been terminated, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration. [Ord. 11-07 § 1 (Exh. A); Ord. 07-18 § 1 (Exh. A); Ord. 06-25 § 1 (Exh. A); Code 1971 § 3.06.010.]
3.30.020 Members.
The Appeals Board shall consist of five members, three of whom shall be chosen by and from the appointed officers and employees of the City and two of whom shall be members of the City Council.
(A) Selection of Members and Alternates.
(1) Council Members and Alternates. The City Council shall designate two of its members to serve on the Appeals Board, hereinafter referred to as the “Council Members,” and two of its members to serve as alternate Council Members.
(2) Officer and Employee Members and Alternates. The appointed officers and employees of the City shall elect three of its members to serve on the Appeals Board, hereinafter referred to as “Employee Members,” and three of its members to serve as alternate Employee Members in the following manner:
(a) Nomination. The City Administrator or his/her designee shall send written notice to all appointed officers and employees of the City that they may make written nominations for candidates to serve on the Appeals Board and the closing date for filing such nominations with the City Recorder. Nominations received by the City Recorder after the closing date will not be considered.
(b) Voting. Upon the closing of nominations, an election shall be held among all appointed officers and employees of the City to elect three Employee Members of the Board and three alternate Employee Members. The election shall be by secret ballot. The three individuals receiving the highest number of votes shall be deemed elected as Employee Members, and the next three individuals receiving the highest number of votes shall be deemed elected as alternate Employee Members.
(B) Limitation on Members. No person may sit on the Appeals Board who also sat on a predisciplinary hearing of the appealing employee or whose employment with the City has been terminated.
(C) Term. Council Members and Employee Members shall serve for a term of two years from the date of their election or appointment. Members may serve additional terms in accordance with the election and appointment procedures set forth herein.
(D) Vacancies. Any vacancy in an Employee Member position shall be first filled by an alternate Employee Member by drawing lots; and if no alternate Employee Member is available, by nomination and election as provided herein at the time such vacancy occurs. Any vacancy in a Council Member position shall be filled first by an alternate Council Member as determined by the Council; and if no alternate Council Member is available, through appointment by the Council at the time such vacancy occurs. [Ord. 11-07 § 1 (Exh. A); Ord. 09-11 § 2; Ord. 07-18 § 1 (Exh. A); Code 1971 § 3.06.020.]
3.30.030 Employee appeals.
(A) Except as provided in subsection (B) of this section, each employee of the City shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided herein.
(B) This section shall not apply to:
(1) Police Chief;
(2) Deputy Police Chief;
(3) Fire Chief;
(4) Deputy or Assistant Fire Chief;
(5) Department Heads;
(6) Deputy of Department Head;
(7) Superintendent;
(8) Probationary employee;
(9) Part-time employee;
(10) Seasonal employee; or
(11) Officer appointed by the Mayor or other person or body exercising executive power in the City.
(C) Any employee, except those employees set forth in subsection (B) of this section, who is discharged, suspended without pay for more than two days, or involuntarily transferred from one position to another with less remuneration for any reason, may appeal the discharge, suspension or involuntary transfer to the Employee Appeal Board in accordance with and subject to the procedures and provisions set forth herein. [Ord. 11-07 § 1 (Exh. A); Ord. 06-25 § 1 (Exh. A); Code 1971 § 3.06.030.]
3.30.040 Appeal procedures.
(A) Any appeal to the Employee Appeal Board shall be taken by filing a written notice of appeal with the City Recorder within 10 days after the discharge, suspension or involuntary transfer.
(B) Appeals before the Employee Appeal Board shall be conducted in accordance with and subject to the procedures set forth in Section 10-3-1106, Utah Code Annotated 1953, as amended. [Ord. 11-07 § 1 (Exh. A); Ord. 06-25 § 1 (Exh. A); Code 1971 § 3.06.040.]