17-76-512. Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings -- Appeal to district court.

464 words·~2 min read·/ut/title-17/chapter-76/17-76-512

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

Effective 11/6/2025

(1)An individual holding a position under this part may be removed from office or employment, reduced in rank or grade, or otherwise disciplined by the fire chief for:

(a)misconduct;

(b)incompetency;

(c)failure to perform employment duties;

(d)failure to properly observe the rules of the office or department in which the individual is employed; or

(e)for other cause, as set out in council policies.

(a)Any disciplinary action described in Subsection

(1)is subject to appeal in all cases by the aggrieved party to the council in the manner established by rule.

(b)After an appeal described in Subsection (2)(a) is filed the council shall, as soon as practicable, hear and determine the matter.

(a)If the council determines that it is in the best interest of the county, the county legislative body may appoint an administrative law judge, trained and experienced in personnel matters, to initially hear the matter.

(b)Upon hearing, the administrative law judge shall make findings of fact and a recommendation to the council.

(c)The council may:

(i)adopt or reject the recommendation of the administrative law judge; or

(ii)request that the administrative law judge hold further factual hearings prior to the council's decision.

(4)The council may then affirm, modify, vacate, or set aside the order for disciplinary action.

(5)The aggrieved party shall, upon demand, be granted a public hearing, at which the aggrieved party may appear in person or by counsel or both.

(a)After the hearing, the findings and determination of the council shall be certified to the head of the county fire department from whose order the appeal is taken.

(b)Notice in writing of the determination of the council shall be served upon the individual affected.

(7)The council determination shall be enforced and followed by the head of the fire department until an appeal is taken to the district court by any affected individual.

(a)An individual aggrieved by a determination of the council described in Subsection

(6)may, within 30 days after notice of the council's determination, file an action in the district court of the county or in the county of the aggrieved individual's residence, against the council in the council's official capacity, setting out the individual's grievance and right to complain.

(b)In the council's answer to the complaint described in Subsection (8)(a) , the council may set out any matter in justification.

(9)The court shall determine the issues of both questions of law and fact and may affirm, set aside, or modify the council ruling.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1