The text
3-1401. - Creation of Board and Purpose.#
In accordance with U.C.A. § 10-3-1106 (7) (a) there is hereby created a Tremonton Employee Appeal Board (hereafter referred to as Board) for the purpose of a Post-Deprivation Hearing (also referred to as "appeal hearing" or "appeal") for employees that are eligible as per U.C.A. § 10-3-1105.
(Ord. No. 24-12, 10-29-24)
3-1402. - Purpose Explained.#
The Post-Deprivation Hearing or Appeal Hearing is part of the "due process" requirement provided to eligible government employees. The Post-Deprivation Hearing stems from a court case in which the United States Supreme Court held that non-probationary civil servants had a property right to their employment and such employment could not be deprived unless employees were given an opportunity to hear and respond to the charges against them prior to being deprived.
(Ord. No. 24-12, 10-29-24)
3-1403. - Method and Manner of Choosing Board Members.#
The Board shall consist of five (5) regular members to hear an employee's appeal and four (4) alternate members. The regular Board member and alternates shall be as follows: (1)
City Council. Two (2) regular members of the Board and one (1) alternate shall be from the Tremonton City Council. Whenever the Board is assembled to conduct business the longest tenured City Council members are appointed to be regular Board members. If there is a tie regarding the longest tenured City Council members, then the two City Council members whose last names come first alphabetically will be regular Board members, with the next longest tenured City Council member being an alternate member.
(2)
Department Head. One (1) regular member of the Board shall be the Public Works Director. If the Public Works Director is involved in the disciplinary action in which the employee is appealing then the Police Chief shall be the alternate member to sit to hear the employee's appeal in the place of the Public Works Director.
(3)
Employees. Two (2) regular members of the Board and two (2) alternates shall be comprised of employees eligible as per U.C.A. § 10-3-1105. The regular employee Board members and alternates shall be elected by popular vote administered by the City Recorder or their deputies. Each Tremonton City employee who is eligible to request a Post-Deprivation Hearing (appeal hearing) shall vote for four (4) Tremonton City's employees. The top two (2) vote-getters shall be regular Board members with the 3 rd and 4 th vote-getters serving as alternates.
(Ord. No. 24-12, 10-29-24)
3-1404. - Chairperson.#
The Chairperson of the Board shall be the one (1) of the two (2) sitting City Council members and shall be determined by a flip of a coin administered by the City Recorder. The Chairperson shall be a voting member.
(Ord. No. 24-12, 10-29-24)
3-1405. - Secretary.#
The Board's secretary shall be the City Recorder or their deputies. The Board Secretary shall prepare the agenda, post the agenda and prepare the minutes of the proceedings of the Board and otherwise ensure compliance with the Open and Public Meeting Act.
(Ord. No. 24-12, 10-29-24)
3-1406. - Board Members Term.#
The terms of regular Board members and alternate Board members for the City Council shall be concurrent with their elected office. The terms for the Public Works Director, Police Chief, and other employees shall be concurrent with their employment with Tremonton City. Vacancies on the Board shall be filled in the same manner as described in Section 3-1303. Method and Manner of Choosing Board Members.
(Ord. No. 24-12, 10-29-24)
3-1407. - Quorum & Voting.#
Three members of the Board shall be present to be a quorum, and it shall take the majority of the quorum present to conduct any Board business. As per U.C.A. § 10-3-1106 (5) (a) (i) the decisions of the Board shall be by secret ballot, and shall be certified by the City Recorder within fifteen (15) days from the date the matter referred to except as provided in U.C.A. § 10-3-1106 (5) (a) (ii) as amended.
(Ord. No. 24-12, 10-29-24)
3-1408. - Open Meetings Act.#
The Board is a public body and as such its associated meeting shall be established and conducted in accordance with U.C.A. § Title 52, Chapter (Open and Public Meeting Act). As per U.C.A. § 10-3-1106(4)(b) the employee may have a public hearing. The Board may vote to close the meeting as allowed by U.C.A. § 52-4-204 and U.C.A. § 52-4-205 as amended.
(Ord. No. 24-12, 10-29-24)
3-1409. - Assembling a Quorum.#
It is the intent of this ordinance to have sufficient regular Board members and alternate Board members to expeditiously assemble a quorum of the Board as the need arises as envisioned by U.C.A. § 10-3-1106(5)(a) without delaying the "due process" rights of an employee. The City Recorder or their deputies have the authority to assemble a quorum upon receipt of a filed written notice of the appeal from an eligible employee. The City Recorder shall try to contact every regular Board member as to the date, time, and place of the meeting and if a message is left wait a reasonable period for the regular Board member to respond as their availability to participate in the appeal hearing. After attempting to contact regular Board members and waiting a reasonable period the City Recorder shall have the sole authority to make the determination as to which regular Board members are available to participate in the appeal hearing and which alternate Board members shall sit in the place of a regular Board member.
(Ord. No. 24-12, 10-29-24)
3-1410. - Procedure for Conducting an Appeal.#
Eligible employees as per U.C.A. § 10-3-1105 who are being subject to: termination; suspension of over two (2) days without pay; or involuntary transfer to a position with less remuneration may appeal their deprivation of property rights to the Board. Appellant-employees shall file written notice of the appeal with the City Recorder in accordance with U.C.A. § 10-3-1106(3)(a) and declare therein if they desire a public hearing as allowed in U.C.A. § 10-3-1106 (4) (b). Appellant-employees, the City Recorder, and Board shall conduct any properly filed appeal in accordance with U.C.A. § 10-3-1106(3) through U.C.A. § 10-3-1106(6) as amended.
(Ord. No. 24-12, 10-29-24)
3-1411. - Standard of Review.#
The Board's standard of review for deciding appeals shall be "Clearly Erroneous". The Board shall investigate, take and receive evidence, and fully hear and determine those matters which are appealed to the Board to determine if after reviewing the Findings of Facts surrounding the disciplinary action if Plain Error was made in administering the discipline. Harmless Error shall not be grounds for reversing disciplinary action.
(Ord. No. 24-12, 10-29-24)
3-1412. - Overturn Employee Disciplinary Action.#
If the Board votes to overturn the termination; suspension of over two (2) days without pay; or involuntary transfer to a position with less remuneration then: (1) the City shall reinstate any loss of pay associated with the Employee Disciplinary Action; (2) the Mayor or City Manager shall remove the record of the disciplinary action from the employee's personnel file.
(Ord. No. 24-12, 10-29-24)
3-1413. - Court of Appeals.#
If the Appeal Board upholds the termination; suspension of over two (2) days without pay; or involuntary transfer to a position with less remuneration, an appellant-employee has no additional appeal rights with the City, but the final action of the Board may be reviewed by the Court of Appeals as per U.C.A. § 10-3-1106 (6) as amended.
(Ord. No. 24-12, 10-29-24)