2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1105 - Municipal employees -- Duration and termination of employment -- Exceptions.

Effective 5/5/2021
10-3-1105.
Municipal employees -- Duration and termination of employment -- Exceptions.
(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.
(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:
(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:
(i) the appointment is made in writing;
(ii) the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and
(iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);
(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 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:
(i) a police chief of the municipality;
(ii) a deputy or assistant police chief of the municipality;
(iii) a fire chief of the municipality;
(iv) a deputy or assistant fire chief of the municipality;
(v) a head of a municipal department or division;
(vi) a deputy head of a municipal department or division;
(vii) a superintendent;
(viii) a probationary employee of the municipality;
(ix) a part-time employee of the municipality, including paid call firefighters;
(x) a seasonal or temporary employee of the municipality;
(xi) a person who works in the office of an elected official; or
(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;
(d) an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:
(i) the city engineer;
(ii) the city recorder;
(iii) the city treasurer; or
(iv) the city attorney; or
(e) an employee who has:
(i) acknowledged in writing that the employee's employment status is appointed or at-will; or
(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.
Amended by Chapter 53, 2021 General Session