062 of 2005 - relating to Employee Appeals Board & employee transfer or discharge 0 05-1
0 03-25
SALT LAKE CITY ORDINANCE
No. 62 of 2005
(Employee Appeals Board)
AN ORDINANCE AMENDING CHAPTERS 2.24 AND 2.52.130 OF THE
SALT LAKE CITY CODE, RELATING TO EMPLOYEE APPEALS BOARD.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.24 of the Salt Lake City Code, relating to
Employee Appeals Board, be, and the same hereby is, amended as follows:
Chapter 2.24
EMPLOYEE APPEALS BOARD
2.24.010 Promulgation of Procedures:
The labor relations officer shall promulgate procedures to provide for the creation
and function of an Employee Appeals Board within the following parameters set out in
this chapter. (Ord. 75-03 § 1, 2003)
2.24.020 Board Composition:
Each impaneled Employee Appeals Board shall consist of five (5) members.
2.24.030 Board Member Pool:
The City shall establish a pool of Board members, which shall include fourteen
(14) persons: 4 appointed members and 10 elected members (elected members shall
consist of five 100/200 series employees and five 300/600 series employees).
Appointed Members. The Mayor shall appoint four(4)persons to serve on the
Board.
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Elected Members. The pool of elected Board members shall be elected in
accordance with City procedure, and shall consist of one (1) 100/200 series employee and
one (1) 300/600 series employee from each of the following departments: (1) Department
of Airports, (2)Public Services, (3)Public Utilities, (4) Community Development , and
(5) Management Services and other areas or divisions (except the Police and Fire
Departments) not included in the other departments enumerated above .
2.24.040 Terms of Office:
Terms of office for Board members shall be three (3) years, unless terminated
prior thereto by disability, resignation, or for reasons relating to cause. The initial terms
of office of the Board members appointed and elected in accordance with subsection
2.24.030 shall commence October 1, 2005.
The labor relations officer shall coordinate with the Mayor regarding the
appointment of Board Members so that the initial terms of the appointed Board members
will commence October 1, 2005. Thereafter, the Mayor shall appoint Board members
every three years. In the event of a vacancy created by the resignation or removal of an
appointed Board member, the Mayor shall appoint a new person to fill the remaining
term of the person who has resigned or otherwise been removed from the Board.
The labor relations officer shall coordinate with the respective departments that
will conduct the nomination and election process so that the initial terms of the elected
Board members will commence October 1, 2005. Thereafter, the departments shall
conduct elections every three years, so that each three year term of the elected Board
members shall begin on October 1 of the applicable year. In the event of a vacancy
created by the resignation or removal of an elected Board member, the remaining elected
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Board members may elect a new person from the department and job classification series
of the departing Board member, who shall fill the remaining term of the person who has
resigned or otherwise been removed from the Board.
2.24.050 Duties:
It shall be the duty of the Employee Appeals Board to conduct hearings under
applicable provisions of law or memoranda of understanding. (Ord. 75-03 § 1, 2003)
2.24.060 Standard of Review:
The Employee Appeals Board shall review a decision by the department head
using the following standard of review:
Step 1: Do the facts support the need for discipline or other remedial action by the
department head? In other words, was action warranted? If the City's account of the
evidence is plausible in light of the record viewed in its entirety, the decision should be
upheld , even though the Board may have weighed the evidence differently had it been in
the department head's position. In order to overturn a disciplinary action, the Board must
have a definite and firm conviction that the department head's decision was clearly
erroneous.
In an appeal where an employee was discharged, not for disciplinary reasons but
because the employee was no longer able or qualified to do the job, the Board's analysis
shall end with Step 1 of the analysis, as set forth above. However, in an appeal of a
disciplinary action the Board shall proceed to Step 2 of the analysis, as set forth below.
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Step 2: In a disciplinary action, if the facts support the need for action to be taken,
is the action taken proportionate to the charges? Discipline imposed for employee
misconduct is within the discretion of the department head. Unless the Board finds the
penalty is so harsh as to constitute an abuse, rather than an exercise of the department
head's discretion, the decision of the department head should be upheld.
2.24.070 Rights of Appellant
An appellant may present relevant information in mitigation, including the
presentation of witnesses and other evidence. Such evidence must relate to (1) the cause
for the action taken as set forth in the disciplinary decision letter, and (2) any issues raised
at the proceeding before the department head.
2.24.080 Discovery
Discovery shall be limited to that which is relevant and not privileged, and for
which each party has a substantial, demonstrable need for supporting their respective
claims or defenses.
SECTION 2. That Chapter 2.52.130 of the Salt Lake City Code, relating to
Employee Appeals Board, be, and the same hereby is, amended as follows:
2.52.130 Discharge or Transfer
In all cases where any employee, except (1) those employees set forth in Section
10-3-1105(2), Utah Code Annotated, 1953, or its successor, and (2) at-will employees, is
discharged, suspended for more than two days without pay (2 shifts for employees who
work shifts longer than 8 hours), or involuntarily transferred from one position to another
with less remuneration , the employee shall have the right to appeal such action in
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accordance with §§ 10-3-1105 & 1106, Utah Code Annotated, 1953, or its successor.
(Prior code § 25-11-3)
SECTION 3. That this ordinance shall take effect immediately upon the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah this 18thday of
October , 2005.
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CHIEF DEPUTY CIT 0 E
APPROVPr rq FORM
Salt Lake Cis orney's Office
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Transmitted to Mayor on 10-18-05 .
Mayor's Action: A Approved. Vetoed.
MAYOR —�
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Bill No. 62 of 2005.
Published: 10-25-05
I\,Ordinance 05\Employee Appeals Board Amendment FINAL doc
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