067 of 2009 - Amending Chapter 2.24, Employee Appeals Board 0 09-1
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SALT LAKE CITY ORDINANCE
No. 67 of 2009
(An ordinance amending Chapter 2.24 (Employee Appeals Board)
of the Salt Lake City Code)
An ordinance amending Chapter 2.24 (Employee Appeals Board) of the Salt Lake
City Code.
WHEREAS, Utah Code Annotated Sections 10-3-1105 and 1106 require the city
to form and maintain an employee appeals board; and
WHEREAS, the City has determined that the current ordinance establishing the
membership of the employee appeals board is cumbersome and ineffective; and
WHEREAS, the employee appeals board should have jurisdiction to review
certain non-disciplinary employee discharges; and
WHEREAS, the City Council has determined that amending the employee
appeals board ordinance is in the City's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Chapter 2.24. That Chapter
2.24 of the Salt Lake City Code (Employee Appeals Board), shall be, and hereby is,
amended to read as follows:
Chapter 2.24
EMPLOYEE APPEALS BOARD
2.24.010 Promulgation Of Procedures:
The mayor's designee shall promulgate procedures to provide for the creation and
function of an employee appeals board within the parameters set out in this chapter.
2.24.020 Board Composition:
The mayor shall appoint at least eleven (11) current city employees to serve as board
members. Before appointing an employee to the board, the mayor shall consider any
recommendations made by employee representatives and/or department directors and
shall ensure that the board members are representative of the City's workforce.
2.24.030 Terms Of Office:
Board members shall serve a three (3) year term, unless the term is terminated by
disability, resignation, or for reasons relating to cause. The initial terms of office of the
board members shall commence January 1, 2010.
The mayor's designee shall coordinate with the mayor regarding the appointment of
board members so that the initial terms of the appointed board members will commence
January 1, 2010. Thereafter, the mayor shall appoint board members every three (3)
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.
2.24.040 Duties:
It shall be the duty of the employee appeals board to conduct hearings related to an
employee's appeal from a discharge or termination, suspension without pay for more than
two days, involuntary transfer to a position with less remuneration or designation for
layoff as outlined in this chapter. The employee appeals board may not hear an appeal
filed by:
A. An employee appointed by the Mayor;
B. An employee employed by the City Council;
C. An employee in an at-will position;
D. An hourly employee;
E. A seasonal employee;
F. A probationary employee;
G. An employee in the Police Department; or
H. An employee in the Fire Department.
2.24.050 Board Panel:
Each impaneled employee appeals board shall consist of three (3) members. The mayor's
designee shall select three (3) of the eleven (11) appointed members to serve as the panel
to hear any appeal.
2.24.060 Standards Of Review:
The panel of the employee appeals board designated to hear an appeal shall review a
department head's decision using the following standards of review.
If an appeal is based upon a disciplinary decision, the designated panel shall determine if
the employee has demonstrated that the department head's decision to impose discipline
was clearly erroneous in light of the record viewed in its entirety including the
employee's entire employment history with the city. The designated panel cannot
substitute its own judgment for the department head's judgment, but can only overturn a
disciplinary decision if it is clearly erroneous.
If an appeal is based upon a layoff designation, the review by the designated panel shall
be limited to whether the city substantially followed its layoff procedures when it
designated the employee for layoff.
If an appeal is based upon a termination decision for non-disciplinary reasons, the review
by the designated panel shall be limited to whether the city followed its procedures when
it terminated the employee.
2.24.070 Rights Of Appellant:
An appellant may appear in person before the panel designated to hear the employee's
appeal and be represented by a person of his or her choice. The appellant may also: a)
have a hearing held in compliance with Utah's Open and Public Meetings Act; b)
confront any witness whose testimony is to be considered; and c) examine the evidence
the designated panel will consider in making its decision.
2.24.080 Discovery:
Discovery shall be limited to that information which was actually considered in making
the decision which is being appealed. If the employee or the City introduces information
which was not considered in making the decision being appealed, the designated panel
shall remand the matter to the department head or designee who made the decision. The
department head or designee shall consider the new evidence, reconsider the decision
being appealed and issue a written decision within seven (7) calendar days. If the
mayor's designee determines the modified decision is within the board's duties, the panel
originally designated to hear an appeal shall reconvene and hear the employee's appeal.
2.24.090 Remedy:
If the designated panel determines that discipline should not have been imposed,the city
will revoke the discipline and reimburse the employee for any lost wages. If the
designated panel determines that an employee was erroneously designated for layoff,the
city will reinstate the employee and reimburse the employee for any lost wages. If the
designated panel determines that employee should not have been terminated for the stated
non-disciplinary reason,the city will revoke the termination and reimburse the employee
for any lost wages. The Employee Appeals Board may not provide any remedy beyond
that described in this chapter.
SECTION 2. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City,Utah,this 17th day of
November ,2009.
CHAIRPER
ATTEST AND COUNTERSIGN:
CI Y EC RD
I ,.
•
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Transmitted to Mayor on November 18, 2009
Mayor's Action: y Approved. Vetoed.
I /4'
MAYOR
•
CITY RECORDER ,.
APPROVED AS TO FORM
(SEAL)
,� ' Salt Lake Ci Attorneys Office
inn �5���„ ' Date I _a
Bill No. 67 of 2009.
Published: December 8, 2009.
1B ATTY-#10603-Vl-Employee_Appeals_Board Ordinance_(11-09).DOC