Transmittal -ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
CITY COUNCIL TRANSMITTAL
_______________________ Date Received: 11/2/2020
Rachel Otto, Chief of Staff Date sent to Council: 11/3/2020
__________________________________________________________________
TO: Salt Lake City Council DATE: November 2, 2020
FROM: Rachel Otto, Chief of Staff
SUBJECT: Ordinance repealing City Code Chapter 2.16 (Civil Service Commission) and
amending Chapter 2.24 (Employee Appeals Board) and replacing both boards
with a disciplinary appeal hearing officer; Ordinance adopting competitive merit-
based recruitment and promotion processes for full-time non-appointed positions
in the Fire Department and the Police Department.
STAFF CONTACTS: Rachel Otto, Chief of Staff
DOCUMENT TYPE: Ordinances
RECOMMENDATION: The Administration recommends that after discussion at a Council
work session, the City Council adopt the attached ordinances.
BUDGET IMPACT: N/A
BACKGROUND/DISCUSSION:
Under Utah law, certain Salt Lake City Corporation employees have the right to appeal
certain final disciplinary decisions (i.e. discharge, suspension without pay for more than two
days, or involuntary transfer from one position to another with less remuneration) to an appeals
board or hearing officer. The City currently handles these appeals through two separate bodies
created under Salt Lake City Code: the Civil Service Commission (Salt Lake City Code 2.16)
and the Employee Appeals Board (Salt Lake City Code 2.24). Specifically, the Civil Service
Commission adjudicates all disciplinary appeals filed by eligible employees in the Police
Department and Fire Department, and the Employee Appeals Board adjudicates all disciplinary
appeals filed by eligible employees in all other departments.
The Administration recommends that the appeal process for all eligible employees be
uniform and be handled by a hearing officer qualified to hear employment appeals. For that
reason, the Administration is recommending repeal of City Code 2.16 (the Civil Service
Commission ordinance) and revision of City Code 2.24 (the Employee Appeals Board
ordinance) and replacement of both the Civil Service Commission and the Employee Appeals
Board with a qualified hearing officer.
The Administration also recommends that the Council adopt an ordinance establishing
competitive merit-based recruitment and promotion processes for full-time non-appointed
positions in the Fire Department and the Police Department.
PUBLIC PROCESS: City Council public work session.
1
SALT LAKE CITY ORDINANCE 1
No. ___ of 2020 2
(Adopting competitive merit-based recruitment and promotion processes for full-time 3
non-appointed positions in the Fire Department and the Police Department.) 4
5
WHEREAS, the Salt Lake City Council has determined that the adoption of 6
competitive merit-based recruitment and promotion processes for full-time non-appointed 7
positions in the Fire Department and the Police Department is in the best interests of Salt 8
Lake City; 9
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City 10
as follows: 11
SECTION 1. PURPOSE. The purpose of this ordinance is to adopt competitive 12
merit-based recruitment and promotion processes for full-time non-appointed positions in 13
the Fire Department and the Police Department. 14
SECTION 2. DEFINITIONS. 15
A. Recruitment: The process by which an applicant is selected for a full-time non-16
appointed position in the Fire Department or the Police Department. 17
B. Promotion: The process by which an applicant is selected for a full-time, non-18
appointed, non-entry level position in the Fire Department or the Police Department. 19
C. Examination: The process by which, through a competitive job-related assessment 20
(or series of job-related assessments), an applicant’s qualifications for recruitment or 21
promotion are evaluated. 22
SECTION 3. GENERAL PRINCIPLES/ADMINISTRATIVE OVERSIGHT. 23
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A. The Human Resources Department shall oversee the administration of the recruitment 25
and promotion processes for full-time non-appointed positions in the Fire Department 26
2
and the Police Department. In overseeing the administration of these recruitment and 27
promotion processes, the Human Resources Department shall adhere to the following 28
general principles: 29
1. Open merit-based competition, which will include preference being given to 30
current employees of Salt Lake City Corporation. 31
2. Diversity and inclusivity. 32
3. The establishment of objective job-related minimum qualifications for each full-33
time non-appointed position and a requirement that applicants meet such 34
minimum qualifications to be considered for recruitment or promotion. 35
4. Promotional examinations that ensure each applicant is qualified for the position 36
sought, consider the qualifications of each applicant, and result in a rank-ordered 37
list of qualified applicants. 38
5. Recognition of the equivalency of merit examination processes administered by 39
other fire protection and law enforcement agencies, for the purpose of recruiting 40
qualified external applicants for non-entry level positions. 41
6. The establishment of probationary periods. 42
7. The establishment of requirements and time limitations pertaining to employees 43
designated to serve in an “acting” capacity. 44
8. The establishment of a process by which a current employee of Salt Lake City 45
Corporation who is not selected for promotion may appeal that decision. 46
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48
49
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SECTION 4. RULES, REGULATIONS, AND/OR PROCEDURES. 50
The Mayor, or the Chief Human Resources Officer at the direction of the Mayor, shall 51
adopt and publish rules, regulations, and/or procedures governing competitive merit-52
based recruitment and promotion processes for full-time non-appointed positions in the 53
Fire Department and the Police Department that are consistent with and further the 54
objectives of this Chapter. 55
SECTION 5. This ordinance shall become effective upon first publication. If a 56
petition filed pursuant to Chapter 4-2-13 of the Salt Lake City Civil Service Commission 57
Rules and Regulations is pending before the Salt Lake City Civil Service Commission 58
prior to the date of first publication of this ordinance, the petitioner has the right to have 59
his/her petition heard and adjudicated: i) by the Salt Lake City Civil Service Commission 60
in accordance with that entity’s existing governing ordinances, rules, regulations, and 61
procedures or ii) via the appeal process established in accordance with the provisions of 62
this Chapter. 63
Passed by the City Council of Salt Lake City, Utah this _____ day of 64
_______________, 2020. 65
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CHAIRPERSON 68
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74
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78
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Approved as to Form:
Salt Lake City Attorney’s Office
________________________________
Katherine N. Lewis, City Attorney
________________________________
Date
November 2, 2020
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ATTEST: 80
81
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_______________________________ 83
CITY RECORDER 84
85
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Transmitted to Mayor on _______________________. 87
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Mayor's Action: _______Approved. _______Vetoed. 90
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92
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MAYOR 94
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________________________________ 97
CITY RECORDER 98
(SEAL) 99
100
Bill No. _________ of 2020. 101
Published: ___________________. 102
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SALT LAKE CITY ORDINANCE 1
No. ___ of 2020 2
(Repealing Chapter 2.16 and amending Chapter 2.24 of the Salt Lake City Code 3
pertaining to the Civil Service Commission and Employee Appeals Board, respectively.) 4
5
WHEREAS, Section 10-3-1106 of the Utah Municipal Code provides that eligible 6
Salt Lake City Corporation employees have the right to appeal certain final disciplinary 7
decisions (i.e. discharge, suspension without pay for more than two days, and involuntary 8
transfer from one position to another with less remuneration) to an appeal board or 9
hearing officer; and 10
WHEREAS, Section 10-3-1106(7)(a) of the Utah Municipal Code provides that 11
“[t]he method and manner of choosing a hearing officer or the members of the appeal 12
board, the number of members, the designation of a hearing officer’s or appeal board 13
member’s term of office, and the procedure for conducting an appeal and the standard of 14
review shall be prescribed by the governing body of each municipality by ordinance;” 15
and 16
WHEREAS, the Salt Lake City Civil Service Commission, established pursuant 17
to Chapter 2.16 of the Salt Lake City Code, currently adjudicates all disciplinary appeals 18
filed by eligible employees in the Police Department and Fire Department, while the Salt 19
Lake City Employee Appeals Board, established pursuant to Chapter 2.24 of the Salt 20
Lake City Code, currently adjudicates all disciplinary appeals filed by eligible employees 21
in all other departments; and 22
WHEREAS, the Salt Lake City Council finds that the appeal process required by 23
Section 10-3-1106 of the Utah Municipal Code should be uniform for all eligible Salt 24
Lake City Corporation employees; and 25
2
WHEREAS, the Salt Lake City Council finds that the appeal process required by 26
Section 10-3-1106 of the Utah Municipal Code is intended to promote efficient resolution 27
of appeals while providing due process; and 28
WHEREAS, the Salt Lake City Council has determined that the following 29
ordinance enacting a uniform disciplinary appeals process for all eligible Salt Lake City 30
Corporation employees promotes these purposes and is in the best interests of Salt Lake 31
City; 32
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City 33
as follows: 34
SECTION 1. That Chapter 2.16 (Civil Service Commission) of the Salt Lake 35
City Code is hereby repealed in its entirety. 36
SECTION 2. That Chapter 2.24 (Employee Appeals Board) of the Salt Lake City 37
Code is hereby amended to read as follows: 38
Chapter 2.24 39
EMPLOYEE DISCIPLINE APPEALS PROCESS 40
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2.24.010: DEFINITIONS 42
43
A. Eligible City Employee: An employee of Salt Lake City Corporation, unless the 44
employee is: 45
1. An appointed employee as defined by the Utah Municipal Code; 46
2. The Police Chief, a Deputy Police Chief, or an Assistant Police Chief; 47
3. The Fire Chief, a Deputy Fire Chief, or an Assistant Fire Chief; 48
4. A department director or deputy department director; 49
5. A division director or deputy division director; 50
6. A superintendent; 51
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7. A probationary employee; 52
8. A part-time employee, including a paid call firefighter; 53
9. A seasonal or temporary employee; 54
10. An individual who works in the office of the Mayor or the City Council; 55
11. A secretarial or administrative assistant whose position is specifically 56
designated to assist an elected official, a department director, or a deputy 57
department director; 58
12. The City Engineer; 59
13. The City Recorder; 60
14. The City Treasurer; 61
15. The City Attorney; 62
16. An employee who has acknowledged in writing that their employment status 63
is appointed or at-will; or 64
17. An employee who has voluntarily waived the disciplinary appeal procedure 65
provided for in the Utah Municipal Code. 66
B. Final Appealable Disciplinary Decision: A disciplinary decision that, at the 67
conclusion of all applicable internal grievance procedures, results in an eligible City 68
employee’s discharge, suspension without pay for more than two working days, or 69
involuntary transfer from one position to another with less remuneration. 70
2.24.020: CREATION OF DISCIPLINARY APPEALS PROCESS: 71
In accordance with the provisions of this Chapter, disciplinary appeals hearing officers 72
shall hear and adjudicate appeals filed by eligible City employees seeking to overturn 73
final appealable disciplinary decisions. 74
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2.24.030: SELECTION AND TERM OF DISCIPLINARY APPEALS HEARING 75
OFFICER: 76
A. Selection: The Mayor shall select one or more disciplinary appeals hearing officers 77
with the advice and consent of the City Council. 78
B. Term: Each disciplinary appeals hearing officer will serve a two-year term, with a 79
maximum of five (5) consecutive terms or ten (10) total years of service. 80
C. Qualifications: Each disciplinary appeals hearing officer shall be an attorney licensed 81
to practice law in the State of Utah who has significant professional experience in 82
employment law. A disciplinary appeals hearing officer may not currently be 83
employed by Salt Lake City Corporation nor hold public office nor be a candidate for 84
public office during his/her term. 85
D. Conflict of Interest: A disciplinary appeals hearing officer may not hear and 86
adjudicate appeals in which the disciplinary appeals hearing officer has a conflict of 87
interest prohibited by Chapter 2.44 of the Salt Lake City Code. 88
2.24.040: AUTHORITY OF DISCPLINARY APPEALS HEARING OFFICER: 89
A disciplinary appeals hearing officer selected pursuant to this Chapter may hear and 90
adjudicate an appeal filed by an eligible City employee seeking to overturn a final 91
appealable disciplinary decision to: 92
A. Discharge the employee; 93
B. Suspend the employee without pay for more than two working days; or 94
C. Involuntarily transfer the employee from one position to another with less 95
remuneration. 96
5
All other personnel actions (including, but not limited to, suspensions without pay of two 97
working days or less, written warnings, written or oral coach-and-counsels, non-98
disciplinary discharges or involuntary transfers, layoff designations, or reassignments due 99
to reorganizations) are not subject to appeal to a disciplinary appeals hearing officer. 100
2.24.050: PROCEDURE: 101
The following procedure shall apply to appeals filed by eligible City employees seeking 102
to overturn final appealable disciplinary decisions: 103
A. Filing of Appeal: All appeals must be: i) filed by an eligible City employee and ii) 104
submitted in writing to the Salt Lake City Recorder within ten (10) calendar days of 105
the date the final appealable disciplinary decision was issued. The appeal shall 106
identify the disciplinary decision being appealed and the specific reason(s) why the 107
employee believes the disciplinary decision should be overturned. An eligible City 108
employee who is the recipient of a final appealable disciplinary decision is the only 109
individual who may appeal that decision to a disciplinary appeals hearing officer. 110
B. Assignment of Disciplinary Appeals Hearing Officer: A single disciplinary appeals 111
hearing officer shall be assigned to hear and adjudicate each appeal of a final 112
appealable disciplinary decision. 113
C. Appeal Hearing: Upon receipt of an appeal of a final appealable disciplinary 114
decision, the assigned disciplinary appeals hearing officer shall schedule a hearing to 115
fully hear and adjudicate the appeal. Although an eligible City employee has the 116
right to have an open and public appeal hearing, the disciplinary appeals hearing 117
officer retains discretion to close any portion of the appeal hearing in accordance with 118
applicable law. 119
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D. Standard of Review/Burden of Proof: The eligible City employee bears the burden of 120
proving that the final appealable disciplinary decision should be overturned. With 121
respect to the question of whether the facts support a conclusion that the eligible City 122
employee’s conduct violated policy, the standard of review is “substantial evidence” 123
and, to prevail, the eligible City employee must demonstrate that the conclusion is not 124
supported by substantial evidence. With respect to the question of whether the 125
specific disciplinary sanction is proportional and consistent, the standard of review is 126
“abuse of discretion” and, to prevail, the eligible City employee must demonstrate 127
that the disciplinary sanction constitutes an abuse of discretion. 128
E. Representation/Confrontation of Witnesses/Examination of Evidence: At an appeal 129
hearing, an eligible City employee may: 130
1. Appear in person and be represented by counsel; 131
2. Confront any witness whose testimony may be considered by the disciplinary 132
appeals hearing officer; and 133
3. Examine any evidence that may be considered by the disciplinary appeals hearing 134
officer. 135
F. Evidence: With the exception of evidence pertaining to the proportionality and/or 136
consistency of the specific disciplinary sanction, a disciplinary appeals hearing officer 137
may only consider evidence that was previously presented during the disciplinary 138
process (including any applicable internal grievance procedure) that resulted in the 139
final appealable disciplinary decision. 140
G. Written Decision: A disciplinary appeals hearing officer shall certify his/her written 141
decision with the Salt Lake City Recorder no later than fifteen (15) calendar days 142
7
after the day on which the appeal hearing concludes. A disciplinary appeals hearing 143
officer may only affirm or overturn the final appealable disciplinary decision and 144
must explain the factual and legal basis for his/her determination. For good cause, a 145
disciplinary appeals hearing officer may extend the fifteen (15) day certification 146
period referenced above to a maximum of sixty (60) calendar days, if the employee 147
and Salt Lake City Corporation both consent to such an extension. 148
H. Audio Recording of Appeal Hearing: The proceedings of each appeal hearing shall 149
be recorded on audio equipment. 150
I. Rules, Regulations, and/or Procedures: The Mayor, or the Chief Human Resources 151
Officer at the direction of the Mayor, shall adopt and publish rules, regulations, 152
and/or procedures governing the employee discipline appeals process that are 153
consistent with and further the objectives of this Chapter. 154
2.24.060: APPEAL OF DECISION OF DISCIPLINARY APPEALS HEARING 155
OFFICER: 156
A final written decision of a disciplinary appeals hearing officer may be appealed by 157
either party to the Utah Court of Appeals within thirty (30) calendar days of the date the 158
decision was certified with the Salt Lake City Recorder. 159
2.24.070: STAY OF DECISION OF DISCIPLINARY APPEALS HEARING 160
OFFICER: 161
If a final written decision of a disciplinary appeals hearing officer is appealed, the 162
disciplinary appeals hearing officer may, in the exercise of his/her discretion or at the 163
request of the eligible City employee or Salt Lake City Corporation, stay the effect of the 164
decision until the appeal has been adjudicated. 165
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SECTION 3. This ordinance shall become effective upon first publication. If a 166
disciplinary appeal is pending before the Salt Lake City Civil Service Commission or the 167
Salt Lake City Employee Appeals Board prior to the date of first publication of this 168
ordinance, the appellant has the right to have his/her appeal heard and adjudicated by 169
either: i) the Salt Lake City Civil Service Commission or the Salt Lake City Employee 170
Appeals Board (whichever entity is applicable) in accordance with that entity’s existing 171
governing ordinances, rules, regulations, and procedures or ii) a disciplinary appeals 172
hearing officer in accordance with the provisions of this Chapter. 173
Passed by the City Council of Salt Lake City, Utah this _____ day of 174
_______________, 2020. 175
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177
CHAIRPERSON 178
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187
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ATTEST: 189
190
191
_______________________________ 192
CITY RECORDER 193
194
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Transmitted to Mayor on _______________________. 196
197
198
199
200
201
Approved as to Form:
Salt Lake City Attorney’s Office
________________________________
Katherine N. Lewis, City Attorney
________________________________
Date
November 2, 2020
9
Mayor's Action: _______Approved. _______Vetoed. 202
203
204
205
MAYOR 206
207
208
________________________________ 209
CITY RECORDER 210
(SEAL) 211
212
Bill No. _________ of 2020. 213
Published: ___________________. 214