Utah § 10-3-1105 - Municipal employees -- Duration and termination of employment -- Exceptions.
Full text of Utah Utah Code § 10-3-1105 — Municipal employees -- Duration and termination of employment -- Exceptions., with citation guidance and answers to common questions.
§ 10-3-1105. Municipal employees -- Duration and termination of employment -- Exceptions.
Effective 5/5/2021 10-3-1105.
Municipal employees -- Duration and termination of employment -- Exceptions.
(1)
(a)
Except as provided in Subsection (1)(b) or (2), each employee of a municipality shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided in Section 10-3-1106.
(b)
Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization.
subject to Subsection (3), a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if:
(i)
the appointment is made in writing;
(ii)
the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and
(iii)
the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);
(b)
a member of the municipality's police department or fire department who is a member of the classified civil service in a first or second class city;
(c)
a person who holds a position described in Subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy:
(i)
a police chief of the municipality;
(ii)
a deputy or assistant police chief of the municipality;
(iii)
a fire chief of the municipality;
(iv)
a deputy or assistant fire chief of the municipality;
(v)
a head of a municipal department or division;
(vi)
a deputy head of a municipal department or division;
(vii)
a superintendent;
(viii)
a probationary employee of the municipality;
(ix)
a part-time employee of the municipality, including paid call firefighters;
(x)
a seasonal or temporary employee of the municipality;
(xi)
a person who works in the office of an elected official; or
(xii)
a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department;
acknowledged in writing that the employee's employment status is appointed or at-will; or
(ii)
voluntarily waived the procedures required by Section 10-3-1106.
(3)
In addition to the persons described in Subsections (2)(b) through (e), a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection (2)(a).
(4)
Nothing in this section or Section 10-3-1106 may be construed to limit a municipality's ability to define cause for an employee termination or reduction in force.
Section 10-3-1105 ("Municipal employees -- Duration and termination of employment -- Exceptions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 10-3-1105?
A common citation format is "Utah Code § 10-3-1105" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 10-3-1105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
