10-3-1012. Suspension or discharge by department head -- Appeal to commission -- Hearing and decision.

422 words·~2 min read·/ut/title-10/chapter-3/10-3-1012

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Effective 5/6/2026

(a)Subject to Subsection (1)(b) , all persons in the classified civil service may be suspended as provided in Section 10-3-912 , or removed from office or employment by the head of the department for misconduct, incompetency, failure to perform duties, or failure to observe properly the rules of the department, but subject to appeal by the suspended or discharged person to the civil service commission.

(b)Before a law enforcement officer, as that term is defined in Section 53-13-103 , who is in the classified civil service may be suspended for more than two days, demoted, or removed from employment under Subsection (1)(a) , the law enforcement officer's employing agency shall, at a minimum:

(i)notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of suspension for more than two days, demotion, or removal;

(ii)give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative;

(iii)have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and

(iv)give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative.

(c)The provisions of Subsection (1)(b) do not limit or alter the rights under this part of:

(i)an employee in the classified civil service who is not a law enforcement officer; or

(ii)a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b) .

(2)Any person suspended or discharged under Subsection

(1)may, within five days from the issuance by the head of the department of the order of suspension or discharge, appeal to the civil service commission, which shall fully hear and determine the matter.

(3)The suspended or discharged person shall be entitled to appear in person and to have counsel and a public hearing.

(4)The finding and decision of the civil service commission upon the hearing shall be certified to the head of the department from whose order the appeal is taken, and shall be final and immediately enforced by the head.

Amended by Chapter 463 , 2026 General Session