Chapter 2.75
BOARD OF APPEALS
Sections:
2.75.020 Composition of board – Term of office – Mode of appointment.
2.75.040 Rights of appeal – How taken – Hearing.
2.75.050 Hearing – Decision of board.
2.75.010 Board established.
There is hereby established an appeal board for the city in compliance with the provisions of Section 10-3-1106, Utah Code Annotated 1953, as amended. The formal name of the appeal board shall be Helper City appeal board. (Section 10-3-1106, Utah Code Annotated 1953) [Ord. 81-2. Code 1988 § 2-8-1].
2.75.020 Composition of board – Term of office – Mode of appointment.
The board shall consist of five members, three of whom shall be chosen by and from the appointive officers and employees of the city, and two of whom shall be members of the city council.
The term of office of each member of the appeal board shall be for one year. The two members of the appeal board who are members of the city council shall be appointed by the mayor on the first city council meeting in January and shall hold their office until their successors are appointed at the first city council meeting of the next succeeding January.
The three members to be chosen by and from the appointive officers and employees shall be chosen by an election to be held on the second Thursday in January of each year, and they shall hold their offices until their successors are elected the following January. The officers and employees shall elect a chairman of each election who shall certify to the city council at the first city council meeting in January of each year the names of those elected to the appeal board. (Section 10-3-1106 § 7, Utah Code Annotated 1953) [Ord. 81-2. Code 1988 § 2-8-2].
2.75.030 Powers and duties.
The board shall have the duty and power to hear and decide appeals submitted to it by any appointive officer or employee of the city, except those specifically excluded under state law (see Section 10-3-1105, Utah Code Annotated 1953), who for any reason is discharged or transferred to a position of less remuneration. (Sections 10-3-1105 and 10-3-1106, Utah Code Annotated 1953) [Code 1988 § 2-8-3].
2.75.040 Rights of appeal – How taken – Hearing.
Any officer or employee, except those specifically exempted by state law, who is discharged or transferred to a position of less remuneration shall have and maintain a right to appeal to the board.
The appeal shall be taken by filing written notice of the appeal with the recorder within 10 days after the discharge or transfer, who shall forthwith refer a copy of the same to the appeal board. Upon receipt of the referral from the recorder the board shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the matter which relates to the cause for the discharge or transfer. (Section 10-3-1106, Utah Code Annotated 1953) [Ord. 81-2. Code 1988 § 2-8-4].
2.75.050 Hearing – Decision of board.
The officer or employee who timely files an appeal as set forth in HMC 2.75.040 shall be entitled to appear in person and to be represented by counsel, to have a public hearing, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the appeal board.
In the event the appeal board upholds the discharge or transfer, the officer or employee may have 14 days thereafter to appeal to the city council, whose decision shall be final. In the event the appeal board does not uphold the discharge or transfer the case shall be closed and no further proceedings shall be had.
The decision of the appeal board shall be by secret ballot, and shall be certified to the recorder within 15 days from the date the matter is referred to it. The board may, in its decision, provide that an employee shall receive his salary for the period he was transferred to a position of less remuneration but not to exceed a 15-day period. In no case shall the appointive officer or employee be discharged or transferred, where an appeal is taken, except upon a concurrence of at least a majority of the membership of the city council.
In the event that the appeal board does not uphold the discharge, or transfer, the recorder shall certify the decision to the employee affected, and also to the head of the department from whose order the appeal was taken. The employee shall be paid his salary, commencing with the next working day following the certification by the recorder of the appeal board’s decision; provided, that the employee or officer concerned reports for his assigned duties during the next working day. (Section 10-3-1106, Utah Code Annotated 1953) [Ord. 81-2. Code 1988 § 2-8-5].