17-76-216. Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearing -- Findings.

425 words·~2 min read·/ut/title-17/chapter-76/17-76-216

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

Effective 11/6/2025

(1)An appointing authority who orders the demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause described in Section 17-76-215 shall:

(a)file written charges with the commission; and

(b)serve the merit system officer with a copy of the written charges.

(i)A merit system officer who is the subject of charges under Subsection

(1)may, within 10 days after the day on which the charges were served, appeal in writing to the commission.

(ii)In the absence of an appeal, a copy of the charges under Subsection

(1)may not be made public without the consent of the merit system officer charged.

(b)If a merit system officer files a grievance, as defined by the commission, and exhausts all internal grievance procedures, if any, the merit system officer may, within 10 days after the day on which the merit system officer received notice of the final disposition of the grievance, file an appeal with the commission.

(a)The commission shall:

(i)fix a time and place for a hearing upon the charges or appeal of a merit system officer grievance; and

(ii)give notice of the hearing to the parties.

(i)Except as provided in Subsection (3)(b)(ii) , each hearing under this Subsection

(3)shall be held not less than 10 days, and not more than 90 days, after the day on which a merit system officer files an appeal or grievance.

(ii)A hearing may be held more than 90 days after an appeal or grievance is filed if:

(A)the merit system officer and employer agree; or

(B)the commission determines there is good cause to delay the hearing.

(a)If the aggrieved merit system officer so desires, the hearing shall be public.

(b)The parties may be represented by counsel at the hearing.

(5)After the hearing, the commission shall make its decision in writing, including findings of fact, and shall mail a copy of the commission's decision to each party.

(a)An individual aggrieved by an act or failure to act of any commission under this part has exhausted the remedies of appeal to the commission, the individual may appeal the commission's decision to the district court.

(b)The courts may review questions of law and fact, and may affirm, set aside, or modify the ruling complained of.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1