CHAPTER 11
EMPLOYEE APPEALS
Sections:
2-11-101 Employee Appeal Board Established.
2-11-103 Appeal to City Council.
2-11-101 Employee Appeal Board Established.
(1) There is hereby created a board to be known as the Employee Appeal Board which shall consist of five (5) members. Two (2) members of the board shall be members of the City Council appointed by the Mayor with the approval of the City Council. They shall serve at the pleasure of the City Council during their terms as members of the City Council. Three (3) members of the board shall be appointive officers or employees of the city for terms of one (1) year ending on December 31 of each year, provided, however, that the first members selected under this sentence shall serve until December 31, 1990.
(2) The three (3) members of the Employee Appeal Board who are selected by the appointive officers and employees of the city shall be selected as follows:
(a) The president, vice president, and secretary of the Springville Employees’ Association shall in a writing signed by each of them nominate three (3) persons to such positions and shall deliver such written nomination to the City Recorder. Not more than one (1) of such nominees shall be an employee of any department of the City.
(b) The City Recorder shall give written notice of such nominations to each appointive officer and employee of the City. Such notice shall include notice that any appointive officer or employee who wishes to do so may object to the selection of any or all of the persons nominated. Such objection shall be in writing, signed by the officer or employee and delivered to the City Recorder within ten (10) days following the notice required by this paragraph (b).
(c) If within said ten (10) day period, the City Recorder has received fewer than fifteen (15) objections to any nominee, that person shall be deemed selected and the City Recorder shall notify him or her of the selection. If within said ten day period, the City Recorder has received fifteen (15) or more objections to any nominee, that person shall be deemed rejected and the City Recorder shall request the officers of the Springville Employees’ Association to make a new nomination.
(3) The Employee Appeal Board shall elect its own chairman, provided, however, that the chairman shall be one of the members of the board who is also a member of the City Council. The Employee Appeal Board may adopt such rules and regulations for its own procedure as it may deem necessary providing that the same are consistent with this chapter and applicable statutes. All such rules and regulations shall be approved by the City Council.
(Statutory Authority Utah Code 10-3-1106; 1979 Code 2-11-1; adopted by Ordinance No. 4-89)
2-11-102 Appeals to Board.
(1) Any employee of the City, other than an appointed officer of the city or a department head, who disagrees with the decision of a department head with regard to termination of that employee or any other formal disciplinary action taken against that employee pursuant to the City’s employee disciplinary procedure as adopted from time to time, may appeal such decision to the Employee Appeal Board.
(2) The appeal shall be made in a written notice of appeal filed with the City Recorder within ten days following the decision appealed from. The notice of appeal shall contain the following:
(a) the specific reasons for the appeal;
(b) all supporting evidence which the employee intends to use including the names and addresses of all witnesses the employee intends to call;
(c) a copy of the formal disciplinary procedure given by the department head; and
(d) a copy of the department head’s written decision.
(3) Failure of the employee to submit all of the items required by subsection (2) of this section within the ten (10) day period shall constitute a waiver of the employee’s right to continue with the appeal.
(4) The City Recorder shall forthwith refer a copy of the appeal to the Employee Appeal Board together with a copy of all other background information in the Recorder’s possession, including the employee’s personnel record.
(5) The Employee Appeal 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 other disciplinary action. The employee 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 board.
(6) The decision of the Employee Appeal Board shall be by secret ballot, and shall be certified to the City Recorder within fifteen (15) days from the date the matter is referred to it.
(Statutory Authority Utah Code 10-3-1106; 1979 Code 2-11-2; adopted by Ordinance No. 4-89)
2-11-103 Appeal to City Council.
In the event the Employee Appeal Board upholds the decision of the department head, the employee shall have fourteen (14) days thereafter to appeal to the City Council, whose decision shall be final.
(Statutory Authority Utah Code 10-3-1106; 1979 Code 2-11-3; adopted by Ordinance No. 4-89)