Utah Code 10-3-1105. Municipal employees — Duration and termination of employment — Exceptions
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Terms Used In Utah Code 10-3-1105
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) 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.(1)(b) 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.(2) Subsection (1)(a) does not apply to:(2)(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:(2)(a)(i) the appointment is made in writing;(2)(a)(ii) the person’s written job description identifies the person’s position as exempt from the protections described in Subsection (1)(a); and(2)(a)(iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);(2)(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;(2)(c) 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:(2)(c)(i) a police chief of the municipality;(2)(c)(ii) a deputy or assistant police chief of the municipality;(2)(c)(iii) a fire chief of the municipality;(2)(c)(iv) a deputy or assistant fire chief of the municipality;(2)(c)(v) a head of a municipal department or division;(2)(c)(vi) a deputy head of a municipal department or division;(2)(c)(vii) a superintendent;(2)(c)(viii) a probationary employee of the municipality;(2)(c)(ix) a part-time employee of the municipality, including paid call firefighters;(2)(c)(x) a seasonal or temporary employee of the municipality;(2)(c)(xi) a person who works in the office of an elected official; or(2)(c)(xii) 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;(2)(d) an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:(2)(d)(i) the city engineer;(2)(d)(ii) the city recorder;(2)(d)(iii) the city treasurer; or(2)(d)(iv) the city attorney; or(2)(e) an employee who has:(2)(e)(i) acknowledged in writing that the employee’s employment status is appointed or at-will; or(2)(e)(ii) voluntarily waived the procedures required by Section 10-3-1106.(3) 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).(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.