057 of 2020 - Creating an Appeal Hearing Officer System by Repealing Civil Service Commission and Employee Appeals
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SALT LAKE CITY ORDINANCE
No. 57 of 2020
(Repealing Chapter 2.16 and amending Chapter 2.24 of the Salt Lake City Code pertaining to the
Civil Service Commission and Employee Appeals Board, respectively.)
WHEREAS, Section 10-3-1106 of the Utah Municipal Code provides that eligible 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, and involuntary transfer from
one position to another with less remuneration) to an appeal board or hearing officer; and
WHEREAS, Section 10-3-1106(7)(a) of the Utah Municipal Code provides that “[t]he
method and manner of choosing a hearing officer or the members of the appeal board, the
number of members, the designation of a hearing officer’s or appeal board member’s term of
office, and the procedure for conducting an appeal and the standard of review shall be prescribed
by the governing body of each municipality by ordinance;” and
WHEREAS, the Salt Lake City Civil Service Commission, established pursuant to
Chapter 2.16 of the Salt Lake City Code, currently adjudicates all disciplinary appeals filed by
eligible employees in the Police Department and Fire Department, while the Salt Lake City
Employee Appeals Board, established pursuant to Chapter 2.24 of the Salt Lake City Code,
currently adjudicates all disciplinary appeals filed by eligible employees in all other departments;
and
WHEREAS, the Salt Lake City Council finds that the appeal process required by Section
10-3-1106 of the Utah Municipal Code should be uniform for all eligible Salt Lake City
Corporation employees; and
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WHEREAS, the Salt Lake City Council finds that the appeal process required by Section
10-3-1106 of the Utah Municipal Code is intended to promote efficient resolution of appeals
while providing due process; and
WHEREAS, the Salt Lake City Council has determined that the following ordinance
enacting a uniform disciplinary appeals process for all eligible Salt Lake City Corporation
employees promotes these purposes and is in the best interests of Salt Lake City;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City as
follows:
SECTION 1. That Chapter 2.16 (Civil Service Commission) of the Salt Lake City Code
is hereby repealed in its entirety.
SECTION 2. That Chapter 2.24 (Employee Appeals Board) of the Salt Lake City Code
is hereby amended to read as follows:
Chapter 2.24
EMPLOYEE DISCIPLINE APPEALS PROCESS
2.24.010: DEFINITIONS
A. Eligible City Employee: An employee of Salt Lake City Corporation, unless the employee
is:
1. An appointed employee as defined by the Utah Municipal Code;
2. The Police Chief, a Deputy Police Chief, or an Assistant Police Chief;
3. The Fire Chief, a Deputy Fire Chief, or an Assistant Fire Chief;
4. A department director or deputy department director;
5. A division director or deputy division director;
6. A superintendent;
7. A probationary employee;
8. A part-time employee, including a paid call firefighter;
9. A seasonal or temporary employee;
10. An individual who works in the office of the Mayor or the City Council;
11. A secretarial or administrative assistant whose position is specifically designated to
assist an elected official, a department director, or a deputy department director;
12. The City Engineer;
13. The City Recorder;
14. The City Treasurer;
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15. The City Attorney;
16. An employee who has acknowledged in writing that their employment status is
appointed or at-will; or
17. An employee who has voluntarily waived the disciplinary appeal procedure provided
for in the Utah Municipal Code.
B. Final Appealable Disciplinary Decision: A disciplinary decision that, at the conclusion of all
applicable internal grievance procedures, results in an eligible City employee’s discharge;
suspension without pay for more than two working days or, for an eligible City employee
whose regular working shift is twenty-four (24) hours, more than one working shift; or
involuntary transfer from one position to another with less remuneration.
2.24.020: CREATION OF DISCIPLINARY APPEALS PROCESS:
In accordance with the provisions of this Chapter, disciplinary appeals hearing officers shall hear
and adjudicate appeals filed by eligible City employees seeking to overturn final appealable
disciplinary decisions.
2.24.030: SELECTION AND TERM OF DISCIPLINARY APPEALS HEARING
OFFICER:
A. Selection: The Mayor, with the advice and consent of the City Council and in accordance
with Paragraph C of this Section, shall select between four and six individuals to comprise
the roster of disciplinary appeals hearing officers.
B. Term: Each disciplinary appeals hearing officer will serve a two-year term, with a maximum
of five (5) consecutive terms or ten (10) total years of service.
C. Qualifications: Each disciplinary appeals hearing officer shall be an attorney who has been
licensed to practice law in the State of Utah for a minimum of five years and who has
significant professional experience in, or otherwise demonstrated knowledge of, employment
law. A disciplinary appeals hearing officer may not currently be employed by Salt Lake City
Corporation nor hold public office nor be a candidate for public office during his/her term.
D. Conflict of Interest: A disciplinary appeals hearing officer may not hear and adjudicate
appeals in which the disciplinary appeals hearing officer has a conflict of interest prohibited
by Chapter 2.44 of the Salt Lake City Code.
2.24.040: AUTHORITY OF DISCPLINARY APPEALS HEARING OFFICER:
A disciplinary appeals hearing officer selected pursuant to this Chapter may hear and adjudicate
an appeal filed by an eligible City employee seeking to overturn a final appealable disciplinary
decision to:
A. Discharge the employee;
B. Suspend the employee without pay for more than two working days or, for an eligible City
employee whose regular working shift is twenty-four (24) hours, more than one working
shift; or
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C. Involuntarily transfer the employee from one position to another with less remuneration.
All other personnel actions (including, but not limited to, suspensions without pay of two
working days or less or, for an eligible City employee whose regular working shift is twenty-four
(24) hours, one working shift; written warnings; written or oral coach-and-counsels; non-
disciplinary discharges or involuntary transfers; layoff designations; or reassignments due to
reorganizations) are not subject to appeal to a disciplinary appeals hearing officer.
2.24.050: PROCEDURE:
The following procedure shall apply to appeals filed by eligible City employees seeking to
overturn final appealable disciplinary decisions:
A. Filing of Appeal: All appeals must be: i) filed by an eligible City employee and ii)
submitted in writing to the Salt Lake City Recorder within ten (10) calendar days of the date
the final appealable disciplinary decision was issued. The appeal shall identify the
disciplinary decision being appealed and the specific reason(s) why the employee believes
the disciplinary decision should be overturned. An eligible City employee who is the
recipient of a final appealable disciplinary decision is the only individual who may appeal
that decision to a disciplinary appeals hearing officer.
B. Assignment of Disciplinary Appeals Hearing Officer: The Chief Human Resources Officer
shall administer a process by which a single disciplinary appeals hearing officer from the
roster of disciplinary appeals hearing officers shall be assigned to hear and adjudicate each
appeal of a final appealable disciplinary decision. If either party to an appeal (i.e. the eligible
City employee or the City) objects to the assigned disciplinary appeals hearing officer, a
different disciplinary appeals hearing officer shall be assigned, in accordance with the
process referenced above, to hear and adjudicate the appeal. However, neither party to an
appeal shall be permitted to object to more than one assigned disciplinary appeals hearing
officer.
C. Appeal Hearing: Upon receipt of an appeal of a final appealable disciplinary decision, the
assigned disciplinary appeals hearing officer shall schedule a hearing to fully hear and
adjudicate the appeal. Although an eligible City employee has the right to have an open and
public appeal hearing, the disciplinary appeals hearing officer retains discretion to close any
portion of the appeal hearing in accordance with applicable law.
D. Standard of Review/Burden of Proof:
1. Eligible City Employees in the Police Department and Fire Department
With respect to the question of whether the facts support a conclusion that the eligible
City employee’s conduct violated policy, the standard of review is “substantial evidence”
and, to prevail, the City must demonstrate that the conclusion is supported by substantial
evidence. With respect to the question of whether the specific disciplinary sanction is
proportional, the standard of review is “abuse of discretion” and, to prevail, the City must
demonstrate that the disciplinary sanction does not constitute an abuse of discretion. With
respect to the question of whether the specific disciplinary sanction is consistent, the
standard of review is “abuse of discretion” and, to prevail, the eligible City employee
must demonstrate that the disciplinary sanction constitutes an abuse of discretion.
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2. All Other Eligible City Employees
With respect to the question of whether the facts support a conclusion that the eligible
City employee’s conduct violated policy, the standard of review is “substantial evidence”
and, to prevail, the eligible City employee must demonstrate that the conclusion is not
supported by substantial evidence. With respect to the question of whether the specific
disciplinary sanction is proportional and consistent, the standard of review is “abuse of
discretion” and, to prevail, the eligible City employee must demonstrate that the
disciplinary sanction constitutes an abuse of discretion.
E. Representation/Confrontation of Witnesses/Examination of Evidence: At an appeal hearing,
an eligible City employee may:
1. Appear in person and be represented by counsel;
2. Confront any witness whose testimony may be considered by the disciplinary appeals
hearing officer; and
3. Examine any evidence that may be considered by the disciplinary appeals hearing officer.
F. Evidence: With the exception of evidence pertaining to the proportionality and/or
consistency of the specific disciplinary sanction, a disciplinary appeals hearing officer may
only consider evidence that was previously presented and disclosed to the eligible City
employee during the disciplinary process (including any applicable internal grievance
procedure) that resulted in the final appealable disciplinary decision.
G. Written Decision: A disciplinary appeals hearing officer shall certify his/her written decision
with the Salt Lake City Recorder no later than fifteen (15) calendar days after the day on
which the appeal hearing concludes. A disciplinary appeals hearing officer may only affirm
or overturn the final appealable disciplinary decision and must explain the factual and legal
basis for his/her determination. For good cause, a disciplinary appeals hearing officer may
extend the fifteen (15) day certification period referenced above to a maximum of sixty (60)
calendar days, if the employee and Salt Lake City Corporation both consent to such an
extension.
H. Audio Recording of Appeal Hearing: The proceedings of each appeal hearing shall be
recorded on audio equipment and either party to an appeal may, at their own expense, obtain
a written transcript of the hearing prepared by a certified court reporter.
I. Rules, Regulations, and/or Procedures: The Mayor, or the Chief Human Resources Officer at
the direction of the Mayor, shall adopt and publish rules, regulations, and/or procedures
governing the employee discipline appeals process (including pre-hearing and post-hearing
matters) that are consistent with this Chapter and applicable law and further the objectives of
this Chapter.
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2.24.060: APPEAL OF DECISION OF DISCIPLINARY APPEALS HEARING
OFFICER:
A final written decision of a disciplinary appeals hearing officer may be appealed by either party
to the Utah Court of Appeals within thirty (30) calendar days of the date the decision was
certified with the Salt Lake City Recorder.
2.24.070: STAY OF DECISION OF DISCIPLINARY APPEALS HEARING OFFICER:
If a final written decision of a disciplinary appeals hearing officer is appealed, the disciplinary
appeals hearing officer may, in the exercise of his/her discretion or at the request of the eligible
City employee or Salt Lake City Corporation, stay the effect of the decision until the appeal has
been adjudicated.
SECTION 3. This ordinance shall become effective upon first publication. If, as of the
date of first publication of this ordinance, a disciplinary appeal is pending before the Salt Lake
City Civil Service Commission or the Salt Lake City Employee Appeals Board and the appeal
hearing has not yet begun, the appellant has the right to have his/her appeal heard and
adjudicated by either: i) the Salt Lake City Civil Service Commission or the Salt Lake City
Employee Appeals Board (whichever entity is applicable) in accordance with that entity’s
existing governing ordinances, rules, regulations, and procedures or ii) a disciplinary appeals
hearing officer in accordance with the provisions of this Chapter.
Passed by the City Council of Salt Lake City, Utah this 8th day of December, 2020.
CHAIRPERSON
ATTEST:
_______________________________
CITY RECORDER
Approved as to Form:
Salt Lake City Attorney’s Office
________________________________
Katherine N. Lewis, City Attorney
Katherine Lewis (Dec 16, 2020 13:27 MST)
Chris Wharton (Dec 21, 2020 11:53 MST)
Cindy Trishman (Dec 22, 2020 06:47 MST)
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Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
MAYOR
________________________________
CITY RECORDER
(SEAL)
Bill No. 57 of 2020.
Published: ___________________.
Erin Mendenhall (Dec 21, 2020 21:28 MST)
12/21/2020
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Cindy Trishman (Dec 22, 2020 06:47 MST)
12/22/2020
Ordinance 57 of 2020 (CSC - Employee
Discipline Appeals Process), adopted 12-8-20.
Final Audit Report 2020-12-22
Created:2020-12-16
By:Kory Solorio (kory.solorio@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAANp8qHT-9voBXJ0-V4CXxh3Cs7dD9y4Q5
"Ordinance 57 of 2020 (CSC - Employee Discipline Appeals Pro
cess), adopted 12-8-20." History
Document created by Kory Solorio (kory.solorio@slcgov.com)
2020-12-16 - 6:16:49 PM GMT- IP address: 204.124.13.222
Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature
2020-12-16 - 6:20:50 PM GMT
Email viewed by Katherine Lewis (katherine.lewis@slcgov.com)
2020-12-16 - 8:27:36 PM GMT- IP address: 67.164.250.15
Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com)
Signature Date: 2020-12-16 - 8:27:59 PM GMT - Time Source: server- IP address: 67.164.250.15
Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature
2020-12-16 - 8:28:01 PM GMT
Email viewed by Chris Wharton (chris.wharton@slcgov.com)
2020-12-21 - 6:53:35 PM GMT- IP address: 73.63.28.254
Document e-signed by Chris Wharton (chris.wharton@slcgov.com)
Signature Date: 2020-12-21 - 6:53:41 PM GMT - Time Source: server- IP address: 73.63.28.254
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2020-12-21 - 6:53:44 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2020-12-22 - 4:28:43 AM GMT- IP address: 97.117.80.158
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2020-12-22 - 4:28:58 AM GMT - Time Source: server- IP address: 97.117.80.158
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2020-12-22 - 4:28:59 AM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2020-12-22 - 1:47:17 PM GMT - Time Source: server- IP address: 204.124.13.151
Agreement completed.
2020-12-22 - 1:47:17 PM GMT