Chapter 2.18
EMPLOYEE APPEAL BOARD
Sections:
2.18.040 Misunderstanding, conflict, problem, etc.
2.18.050 Appeal of discharge – Suspension without pay – Involuntary transfer.
2.18.060 Procedure for conducting hearing.
2.18.010 Purpose.
It is the purpose of this chapter to create an employee appeal board (“the board”) to satisfy the requirements of Sections 10-3-1105 and 10-3-1106, Utah Code Annotated 1953. In addition, the employee appeal board is hereby delegated authority and will serve as an appeal board to hear employee complaints as described in the grievance process of the 2008 Eagle Mountain Policies and Procedures Manual or its successor. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.010].
2.18.020 Board creation.
There is hereby created an employee appeal board. The board shall consist of one member who is a member of the Utah State Bar in good standing, who is appointed by the mayor, with the advice and consent of the city council. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.020].
2.18.030 Terms of office.
The member shall serve for the time period set forth in the resolution consenting to the appointment. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.030].
2.18.040 Misunderstanding, conflict, problem, etc.
Provided an employee has exhausted the grievance process described in the 2008 Eagle Mountain Policies and Procedures Manual or its successor, or in situations that would be unreasonable to pursue the grievance process, such as sexual harassment situations, an employee may appeal an employment-related misunderstanding, conflict, or problem to the board. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.040].
2.18.050 Appeal of discharge – Suspension without pay – Involuntary transfer.
A. For purposes of this chapter, an “employee without appeal rights” means an officer appointed by the mayor, or other person or body exercising executive power in the city, a police chief, a deputy police chief, a department head, a deputy department head, a superintendent, a probationary employee, a part-time employee, or a seasonal employee.
B. For purposes of this chapter, an “employee with appeal rights” means all other employees of the city.
C. An employee without appeal rights who is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any reason may not appeal the discharge, suspension without pay, or involuntary transfer to the employee appeal board.
D. An employee with appeal rights who is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any reason may appeal the discharge, suspension without pay, or involuntary transfer to the employee appeal board. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.050].
2.18.060 Procedure for conducting hearing.
The employee appeal board shall conduct the hearing, investigate, and render its decision in accordance with Section 10-3-1106, Utah Code Annotated 1953. Hearings shall be conducted before the board with appropriate formality and decorum, so that the due process rights of the appellant are protected and respect for, and the dignity of, other employees is protected. Utah rules of evidence and rules of civil procedure are used as guidelines but need not be strictly followed or applied. Rules of evidence regarding authorization, foundation, hearsay, or relevance need not be strictly applied. With respect to appeals of disciplinary matters, the burden of proof and burden of proceeding shall be on the city. With respect to appeals of grievance matters, the burden of proof and burden of proceeding shall be on the employee. A record of the proceeding shall be kept as required by law for reference and appellate review purposes. [Ord. O-05-2021 § 2 (Exh. A); Ord. O-02-2008 § 1. Formerly 2.50.060].