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2-2-2: DISCHARGE, SUSPENSION WITHOUT PAY, OR INVOLUNTARY TRANSFER; APPEAL PROCEDURE:
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A. An employee may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration:

1. Because of the employee’s politics or religious belief; or

2. Incident to or through changes, either in the elected officials or heads of departments.

B. If an employee is discharged, suspended for more than two (2) days without pay, or involuntarily transferred from one (1) position to another with less remuneration for any disciplinary reason, the employee may appeal the action to an administrative hearing officer pursuant to title 1, chapter 15 of this code, this chapter, and the provisions of the city policy and procedures entitled “Discipline and Employee Appeal,” including all future amendments, deletions and additions made by the city.

C. The decision of the administrative hearing officer shall be certified to the city recorder within fifteen (15) calendar days from the date of the hearing, except, for good cause, the administrative hearing officer may extend the fifteen (15) day period to a maximum of sixty (60) calendar days, if the employee and the city both agree.

D. If the administrative hearing officer finds in favor of the employee, the administrative hearing officer shall provide that the employee shall receive:

1. The employee’s salary for the period of time during which the employee is discharged or suspended without pay; or

2. Any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

E. A final action or order of the administrative hearing officer may be appealed to the court of appeals by filing with that court a notice of appeal as provided by Utah law. (Ord. 2004-10-001, 10-21-2004; amd. Ord. 2019-08-010, 8-8-2019)

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