Section 2.80.020 Personnel appeals board - established

In accordance with Utah Code Section 10-3-1106, a Personnel Appeals Board is hereby established, with the Vernal City Council serving as the appeals board. The process and the procedure of the Appeals Board shall be in accordance with Utah Code Section 10-3-1106.

A. The governing body shall sit as the Appeals Board for appeals by an employee of discharge, suspension without pay, or involuntary transfer to a position with less remuneration and of such other appeals as the City, by resolution, may designate.

B. When an employee has filed an appeal pursuant to UCA §10-3-1106(3)(a), the City Recorder shall forthwith deliver a copy of the appeal to the Appeals Board. The Mayor, or other presiding officer of the Appeals Board, shall set a date for hearing which shall be not more than 15 days from the date the matter was referred to the Appeals Board, unless the time is extended pursuant to §10-3-1106(5)(a) UCA.

C. At the time set for the hearing, a majority of the governing body of the City shall be present and constitute a quorum.

D. The action of the Appeals Board shall require concurrence of a majority of the quorum present at the hearing.

E. No member of the Appeals Board that is closely related to the employee or that otherwise is unable to fairly and objectively judge the evidence, shall sit on the Board for that matter.

F. As soon as a date for hearing is set, the City Recorder shall forthwith mail or deliver notice to the appealing employee and the Board members of the date, time, and place of the hearing and shall include with the notice a copy of this ordinance outlining the procedures to be followed in the hearing. The notice shall advise the employee that any request for a continuance must be approved by the City and must be requested not less than three (3) business days prior to the date of the scheduled hearing.

G. If the employee fails to appear at the time and place set for the hearing, the default of the employee shall be entered and the previous action taken shall be affirmed. A copy of the order of default shall be mailed to the employee.

H. A defaulted employee may seek to have the Appeals Board set aside the default order for good cause shown by following the procedures outlined in the Utah Rule of Civil Procedure. A motion to set aside a default and any subsequent order shall be decided by the presiding officer.

I. In the event less than five (5) members of the governing body are available to sit as an Appeals Board in any given matter, the Mayor, with the advice and consent of the City Council, shall appoint qualified elector(s) of the City of sound judgement and good character as temporary Appeals Board members(s) to provide an Appeals Board consisting of at least five (5) individuals.

J. The City Attorney shall act as an impartial aid to the Appeals Board in outlining facts and issues. The City Prosecutor, if from a different firm, shall represent the City in presenting evidence to the Appeals Board.

K. All proceedings of the Appeals Board shall be recorded by the City and the record shall be preserved until all appeals and procedures have been resolved or for four (4) years, whoever is later. (Ord. 87-03 §1)

(Ord. 2005-29, Amended, 12/07/2005, Prior Text; Ord. 2005-27, Amended, 11/28/2005, Prior Text)