United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1105

Municipal employees generally hold their jobs without a time limit, but discharge, suspension over two days without pay, or involuntary transfer to lower pay is allowed only under Section 10-3-1106 and stated exceptions.

Source excerpt

disciplineemployee disciplineemployee tenurepersonnel classificationpublic-sector employmentterminationtransfer

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Municipal employees generally hold their jobs without a time limit, but discharge, suspension over two days without pay, or involuntary transfer to lower pay is allowed only under Section 10-3-1106 and stated exceptions.”

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Municipal employees -- Duration and termination of employment -- Exceptions.

Section 10-3-1105

Subsection 10-3-1105(2)(a)(iii)

The position is described as exempt from the protections in Subsection (1)(a).

Section 10-3-1105(2)(a)(iii)

Subsection 10-3-1105(2)(c)(vi)

This text identifies a deputy head of a municipal department or division.

Section 10-3-1105(2)(c)(vi)

Subsection 10-3-1105(2)(d)(i)

Refers to the city engineer.

Section 10-3-1105(2)(d)(i)

Subsection 10-3-1105(4)

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 10-3-1105(4)

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Showing 33 of 33 provisions

Provision 33

Part 10-3-11

part 10-3-11 Personnel Rules and Benefits

§ 10-3-1105Municipal employees -- Duration and termination of employment -- Exceptions.Provision

Source excerpt

Municipal employees -- Duration and termination of employment -- Exceptions. Except as provided in Subsection (1)(b) or (2) , each employee of a municipality 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 in Section 10-3-1106 . Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization. Subsection (1)(a) does not apply to: subject to Subsection (3) , a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if: the appointment is made in writing; the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a) ; and the position is described in an ordinance as exempt from the protections described in Subsection (1)(a) ; 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; a person who holds a position described in Subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy: a police chief of the municipality; a deputy or assistant police chief of the municipality; a fire chief of the municipality; a deputy or assistant fire chief of the municipality; a head of a municipal department or division; a deputy head of a municipal department or division; a superintendent; a probationary employee of the municipality; a part-time employee of the municipality, including paid call firefighters; a seasonal or temporary employee of the municipality; a person who works in the office of an elected official; or a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department; an individual appointed to a position under Part 9, Appointed Officials and Their Duties , including: the city engineer; the city recorder; the city treasurer; or the city attorney; or an employee who has: acknowledged in writing that the employee's employment status is appointed or at-will; or voluntarily waived the procedures required by Section 10-3-1106 . In addition to the persons described in Subsections (2)(b) through (e) , a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection (2)(a) . 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 10-3-1105Verify source

§ 10-3-1105(1)Subsection 10-3-1105(1)Provision

Source excerpt

Municipal employees generally must hold their jobs without a time limit, except where Subsection (1)(b) or (2) applies.

Except as provided in Subsection (1)(b) or (2) , each employee of a municipality 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 in Section 10-3-1106 . Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization.

Section 10-3-1105(1)Verify source

§ 10-3-1105(1)(a)Subsection 10-3-1105(1)(a)Provision

Source excerpt

Municipal employees generally hold employment without a time limit, except where Subsection (1)(b) or (2) and Section 10-3-1106 permit discharge, suspension without pay for more than two days, or transfer to lower pay.

Section 10-3-1105(1)(a)Verify source

§ 10-3-1105(1)(b)Subsection 10-3-1105(1)(b)Provision

Source excerpt

Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization.

Section 10-3-1105(1)(b)Verify source

§ 10-3-1105(2)Subsection 10-3-1105(2)Provision

Source excerpt

This subsection lists municipal employees and officials to whom Subsection (1)(a) does not apply, including certain appointees, classified police and fire employees in first- or second-class cities, specified positions, appointed officials, and employees who acknowledged appointed or at-will status or waived Section 10-3-1106 procedures.

Subsection (1)(a) does not apply to: subject to Subsection (3) , a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if: the appointment is made in writing; the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a) ; and the position is described in an ordinance as exempt from the protections described in Subsection (1)(a) ; 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; a person who holds a position described in Subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy: a police chief of the municipality; a deputy or assistant police chief of the municipality; a fire chief of the municipality; a deputy or assistant fire chief of the municipality; a head of a municipal department or division; a deputy head of a municipal department or division; a superintendent; a probationary employee of the municipality; a part-time employee of the municipality, including paid call firefighters; a seasonal or temporary employee of the municipality; a person who works in the office of an elected official; or a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department; an individual appointed to a position under Part 9, Appointed Officials and Their Duties , including: the city engineer; the city recorder; the city treasurer; or the city attorney; or an employee who has: acknowledged in writing that the employee's employment status is appointed or at-will; or voluntarily waived the procedures required by Section 10-3-1106 .

Section 10-3-1105(2)Verify source

§ 10-3-1105(2)(a)Subsection 10-3-1105(2)(a)Provision

Source excerpt

A municipal appointee qualifies only if the appointment is in writing and the job description and ordinance both say the position is exempt from the protections in Subsection (1)(a).

subject to Subsection (3) , a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if: the appointment is made in writing; the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a) ; and the position is described in an ordinance as exempt from the protections described in Subsection (1)(a) ;

Section 10-3-1105(2)(a)Verify source

§ 10-3-1105(2)(a)(i)Subsection 10-3-1105(2)(a)(i)Provision

Source excerpt

the appointment is made in writing;

Section 10-3-1105(2)(a)(i)Verify source

§ 10-3-1105(2)(a)(ii)Subsection 10-3-1105(2)(a)(ii)Provision

Source excerpt

A person's written job description can identify the position as exempt from the protections in Subsection (1)(a).

the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a) ; and

Section 10-3-1105(2)(a)(ii)Verify source

§ 10-3-1105(2)(a)(iii)Subsection 10-3-1105(2)(a)(iii)Provision

Source excerpt

The position is described as exempt from the protections in Subsection (1)(a).

the position is described in an ordinance as exempt from the protections described in Subsection (1)(a) ;

Section 10-3-1105(2)(a)(iii)Verify source

§ 10-3-1105(2)(b)Subsection 10-3-1105(2)(b)Provision

Source excerpt

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;

Section 10-3-1105(2)(b)Verify source

§ 10-3-1105(2)(c)Subsection 10-3-1105(2)(c)Provision

Source excerpt

This subsection identifies a person who holds certain municipal positions, or an equivalent position designated by ordinance or personnel policy.

a person who holds a position described in Subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy: a police chief of the municipality; a deputy or assistant police chief of the municipality; a fire chief of the municipality; a deputy or assistant fire chief of the municipality; a head of a municipal department or division; a deputy head of a municipal department or division; a superintendent; a probationary employee of the municipality; a part-time employee of the municipality, including paid call firefighters; a seasonal or temporary employee of the municipality; a person who works in the office of an elected official; or a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department;

Section 10-3-1105(2)(c)Verify source

§ 10-3-1105(2)(c)(i)Subsection 10-3-1105(2)(c)(i)Provision

Source excerpt

Mentions a police chief of the municipality.

a police chief of the municipality;

Section 10-3-1105(2)(c)(i)Verify source

§ 10-3-1105(2)(c)(ii)Subsection 10-3-1105(2)(c)(ii)Provision

Source excerpt

The municipality may have a deputy or assistant police chief.

a deputy or assistant police chief of the municipality;

Section 10-3-1105(2)(c)(ii)Verify source

§ 10-3-1105(2)(c)(iii)Subsection 10-3-1105(2)(c)(iii)Provision

Source excerpt

Mentions a municipal fire chief.

a fire chief of the municipality;

Section 10-3-1105(2)(c)(iii)Verify source

§ 10-3-1105(2)(c)(iv)Subsection 10-3-1105(2)(c)(iv)Provision

Source excerpt

This text identifies a deputy or assistant fire chief of the municipality.

a deputy or assistant fire chief of the municipality;

Section 10-3-1105(2)(c)(iv)Verify source

§ 10-3-1105(2)(c)(v)Subsection 10-3-1105(2)(c)(v)Provision

Source excerpt

This text identifies a head of a municipal department or division.

a head of a municipal department or division;

Section 10-3-1105(2)(c)(v)Verify source

§ 10-3-1105(2)(c)(vi)Subsection 10-3-1105(2)(c)(vi)Provision

Source excerpt

This text identifies a deputy head of a municipal department or division.

a deputy head of a municipal department or division;

Section 10-3-1105(2)(c)(vi)Verify source

§ 10-3-1105(2)(c)(vii)Subsection 10-3-1105(2)(c)(vii)Provision

Source excerpt

Refers to a superintendent.

a superintendent;

Section 10-3-1105(2)(c)(vii)Verify source

§ 10-3-1105(2)(c)(viii)Subsection 10-3-1105(2)(c)(viii)Provision

Source excerpt

a probationary employee of the municipality;

Section 10-3-1105(2)(c)(viii)Verify source

§ 10-3-1105(2)(c)(ix)Subsection 10-3-1105(2)(c)(ix)Provision

Source excerpt

This text identifies a part-time municipal employee, including paid call firefighters.

a part-time employee of the municipality, including paid call firefighters;

Section 10-3-1105(2)(c)(ix)Verify source

§ 10-3-1105(2)(c)(x)Subsection 10-3-1105(2)(c)(x)Provision

Source excerpt

a seasonal or temporary employee of the municipality;

Section 10-3-1105(2)(c)(x)Verify source

§ 10-3-1105(2)(c)(xi)Subsection 10-3-1105(2)(c)(xi)Provision

Source excerpt

Refers to a person who works in the office of an elected official.

a person who works in the office of an elected official; or

Section 10-3-1105(2)(c)(xi)Verify source

§ 10-3-1105(2)(c)(xii)Subsection 10-3-1105(2)(c)(xii)Provision

Source excerpt

A secretarial or administrative assistant support position may be specifically designated to assist an elected official or the head or deputy head of a municipal department.

a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department;

Section 10-3-1105(2)(c)(xii)Verify source

§ 10-3-1105(2)(d)Subsection 10-3-1105(2)(d)Provision

Source excerpt

This text identifies certain appointed officials under Part 9, including the city engineer, city recorder, city treasurer, and city attorney.

an individual appointed to a position under Part 9, Appointed Officials and Their Duties , including: the city engineer; the city recorder; the city treasurer; or the city attorney; or

Section 10-3-1105(2)(d)Verify source

§ 10-3-1105(2)(d)(i)Subsection 10-3-1105(2)(d)(i)Provision

Source excerpt

Refers to the city engineer.

the city engineer;

Section 10-3-1105(2)(d)(i)Verify source

§ 10-3-1105(2)(d)(ii)Subsection 10-3-1105(2)(d)(ii)Provision

Source excerpt

the city recorder;

Section 10-3-1105(2)(d)(ii)Verify source

§ 10-3-1105(2)(d)(iii)Subsection 10-3-1105(2)(d)(iii)Provision

Source excerpt

References the city treasurer.

the city treasurer; or

Section 10-3-1105(2)(d)(iii)Verify source

§ 10-3-1105(2)(d)(iv)Subsection 10-3-1105(2)(d)(iv)Provision

Source excerpt

Refers to the city attorney.

the city attorney; or

Section 10-3-1105(2)(d)(iv)Verify source

§ 10-3-1105(2)(e)Subsection 10-3-1105(2)(e)Provision

Source excerpt

This provision refers to an employee who has either acknowledged in writing that the employment status is appointed or at-will, or voluntarily waived the procedures in Section 10-3-1106.

an employee who has: acknowledged in writing that the employee's employment status is appointed or at-will; or voluntarily waived the procedures required by Section 10-3-1106 .

Section 10-3-1105(2)(e)Verify source

§ 10-3-1105(2)(e)(i)Subsection 10-3-1105(2)(e)(i)Provision

Source excerpt

acknowledged in writing that the employee's employment status is appointed or at-will; or

Section 10-3-1105(2)(e)(i)Verify source

§ 10-3-1105(2)(e)(ii)Subsection 10-3-1105(2)(e)(ii)Provision

Source excerpt

voluntarily waived the procedures required by Section 10-3-1106 .

Section 10-3-1105(2)(e)(ii)Verify source

§ 10-3-1105(3)Subsection 10-3-1105(3)Provision

Source excerpt

A municipality may appoint up to 5% of its workforce, in addition to the persons described in Subsections (2)(b) through (e).

In addition to the persons described in Subsections (2)(b) through (e) , a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection (2)(a) .

Section 10-3-1105(3)Verify source

§ 10-3-1105(4)Subsection 10-3-1105(4)Provision

Source excerpt

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 10-3-1105(4)Verify source

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Utah Code § 10-3-1105

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