10-3-1105. Municipal employees -- Duration and termination of employment -- Exceptions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(a)Except as provided in Subsection (1)(b) or

(2), each employee of a municipality shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided in Section 10-3-1106 .

(b)Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization.

(2)Subsection (1)(a) does not apply to:

(a)subject to Subsection

(3), a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if:

(i)the appointment is made in writing;

(ii)the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a) ; and

(iii)the position is described in an ordinance as exempt from the protections described in Subsection (1)(a) ;

(b)a member of the municipality's police department or fire department who is a member of the classified civil service in a first or second class city;

(c)a person who holds a position described in Subsections (2)(c)(i) through

(xii)or an equivalent position designated in a municipal ordinance or personnel policy:

(i)a police chief of the municipality;

(ii)a deputy or assistant police chief of the municipality;

(iii)a fire chief of the municipality;

(iv)a deputy or assistant fire chief of the municipality;

(v)a head of a municipal department or division;

(vi)a deputy head of a municipal department or division;

(vii)a superintendent;

(viii)a probationary employee of the municipality;

(ix)a part-time employee of the municipality, including paid call firefighters;

(x)a seasonal or temporary employee of the municipality;

(xi)a person who works in the office of an elected official; or

(xii)a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department;

(d)an individual appointed to a position under Part 9, Appointed Officials and Their Duties , including:

(i)the city engineer;

(ii)the city recorder;

(iii)the city treasurer; or

(iv)the city attorney; or

(e)an employee who has:

(i)acknowledged in writing that the employee's employment status is appointed or at-will; or

(ii)voluntarily waived the procedures required by Section 10-3-1106 .

(3)In addition to the persons described in Subsections (2)(b) through

(e), a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection (2)(a) .

(4)Nothing in this section or Section 10-3-1106 may be construed to limit a municipality's ability to define cause for an employee termination or reduction in force.

Amended by Chapter 53 , 2021 General Session