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3802 - Appeals--Grievance Procedures
Appeals/Grievance Procedures For Actions Not Involving Termination, Suspension, or Transfer Discipline (See Layton Code 2.5.010)
It shall be the policy of Layton City to adjust grievances of employees promptly and fairly, within the framework of existing laws and regulations. Every effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management. Any employee who believes that the employee has received inequitable treatment because of some condition of employment, may personally, or through a representative, appeal for relief from that condition. In any grievance not involving discharge, suspension without pay for more than two days, or an involuntary transfer to a position of less remuneration, the following procedures shall be followed:
- The employee shall submit the grievance in writing to the department director within five (5) working days after the occurrence of the grievance. Within five (5) working days, after receiving the grievance, the department director shall meet with the employee to discuss the grievance. The department director may refer the matter to a supervisor. However the department director must be informed of the result reached and must make a determination regarding that result within the same five (5) working days.
- If no satisfactory agreement is reached after step 1 (above) and a party desires to carry the grievance further, the interested party shall, within five (5) working days of the department director’s decision, appeal the grievance, in writing, to the City Manager. The City Manager, upon reviewing the grievance and the department director’s decision, may affirm, modify, or reverse the decision or may remand the matter to the department director for further consideration as directed. A department director’s decision, made after a remand, is again appealable to the City Manager. The decision of the City Manager shall be final.
Administrative Appeals Procedure (See chapter 2.55 of the Layton City Municipal Code)
Right of Appeal
- An employee, other than those enumerated in subsection 2, Section 10-3-1105 U.C.A. may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration:
- Because of the employee’s politics or religious belief; or
- Incident to, or through changes, either in the elective officers, governing body or heads of departments.
- If an employee, other than the City Manager, City Attorney, Finance Director, Community Development Director, Public Works Director, Chief of Police, Fire Chief, Parks and Recreation Director, probationary employee, seasonal employee, or other temporary or on call employee, is discharged, suspended for more than two days without pay, or involuntarily transferred to a position with less remuneration for any disciplinary reason, the employee may appeal such discharge, suspension, or involuntary transfer in accordance with this chapter.
- These procedures do not apply to an employee discharged or transferred to a position with less pay if the discharge or transfer is the result of layoff, reorganization, or other non-disciplinary reason.
All administrative appeals shall be processed according to the following procedure:
- The appeal shall be taken by filing a written notice of such appeal with the municipal recorder within ten calendar days after:
- The date the employee receives notice of the completion of any internal grievance process; or
- If no internal grievance process exists, the date of the discharge, suspension, or involuntary transfer.
- Upon the filing of an appeal, the municipal recorder shall forthwith refer a copy of a properly filed appeal to the appeal board. Upon receipt of the referral from the municipal recorder, the appeal board shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the matter which relates to the cause for such discharge, suspension, or transfer.
- An employee who is the subject of the discharge, suspension, or transfer may appear in person and be represented by counsel, have a hearing open to the public, confront the witness whose testimony is to be considered, and examine the evidence to be considered by the appeal board.
- The appeal board’s decision.
- Time limit for a decision.
- Each decision of the appeal board shall be by secret ballot, and shall be certified to the recorder within fifteen (15) days after the day on which the hearing is held, except as provided in subsection (4)(a)(ii).
- For good cause, the board may extend the fifteen (15) day period under subsection (4)(a)(i) to a maximum of sixty (60) calendar days, if the employee and municipality both consent.
- If the appeals board finds in favor of the employee, the board shall provide that the employee receive:
- The employee’s salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or
- Any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.
- Time limit for a decision.
- The board’s decision may be appealed.
- A final action or order of the appeal board may be reviewed by the Court of Appeals by filing with that court a petition for review.
- Each petition under subsection (5)(a) shall be filed within thirty (30) days after the issuance of the final action or order of the appeal board.
- The Court of Appeals’ review shall be on the record of the appeal board and for the purpose of determining if the appeal board abused its discretion or exceeded its authority.
There is hereby created an appeal board to consist of five (5) members, with three (3) alternates. One (1) of the members shall be a member of the governing body, and the remainder of whom shall be from the employees of the City.
Selection of Board Members
The board member from the governing body shall be selected by the Mayor, and the Mayor is eligible to serve on the board. The remaining members shall be from among the City’s full-time employees, with the exception of those employed in the City Attorney’s office/Human Resource Division and the office of Administration.
Each eligible Department Director shall submit three (3) names of full-time employees, from the respective department, to the City Manager. The City Manager will then select the board members from among those submittals. After the completion of the selection, the City Manager will designate which members are primary members and which are to be the alternate members. This designation may be changed at the City Manager’s discretion.
Term of Members
The term of service for members is indefinite based on eligibility. A member may voluntarily withdraw from serving on the board. At the discretion of either the City Manager or the respective department director, upon consultation with the other, a member of the board from that department may be released from serving on the board.
The member of the board selected from the governing body may be released therefrom at the discretion of the Mayor.
Conflict of Interest
No member of the appeal board shall hear an appeal from the department in which the member is employed. Nor shall a member hear an appeal in which the member is related to the appealing employee through blood or marriage. For purposes of this section, related persons shall include and be limited to: father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.
Vacancy on the Board
If a vacancy occurs on the board, the member shall be replaced by the first alternate board member in the case of an employee. The department directors shall then submit three (3) names to the City Manager for the selection process. This newest member then is to be designated as either a primary or alternate member.
In the case of a vacancy by a member of the governing body, the Mayor shall appoint a replacement therefore.
No Compensation for Board Members
Members of the appeal board shall receive no compensation for services.
Three (3) or more members of the appeal board shall constitute a quorum sufficient to hear appeals. However, to avoid the possibility of a tie vote, the number of members hearing an appeal shall be an odd number.
Counting Board Ballots
After voting, as set forth in paragraph 4 of the Appeal Procedure above, the ballots shall be counted, and the results revealed in the presence of the same members that voted. A simple majority of quorum voting will determine the decision. A member may not abstain from voting. The voting shall be limited to upholding or reversing the decision before the board on appeal.
Amended, 12/9/1993, Previous Policy,
Amended, 2/12/1996, Previous Policy,
Amended, 3/28/2001, Previous Policy,
Minor Edit, 1/6/2004
Amended, 9/15/2004, Previous Policy 3802
Amended, 4/16/2008, Previous Policy 3802
Amended, 8/14/2012, Previous Policy 3802