3-11-102. WHO MAY APPEAL TO THE EMPLOYEE DISCIPLINE HEARING OFFICER.
(1) Subject to Subsection (2) below, an appeal may only be taken from a termination, suspension for more than two days without pay, involuntary transfer from one position to another with less remuneration for any disciplinary reason, or a final decision of the City on a grievance relating to a promotion. All other disciplinary actions, including but not limited to oral or written reprimands, and employees discharged or involuntarily transferred to a position with less remuneration as a result of layoff or reorganization, are outside the jurisdiction of the Employee Discipline Hearing Officer and may not be the subject of an appeal.
(2) All employees may appeal to the Employee Discipline Hearing Officer, with the following exceptions:
a. An employee appointed pursuant to Utah Code Annotated 10-3-1105(2), as amended;
b. A police chief;
c. A deputy or assistant police chief;
d. A fire chief;
e. A deputy or assistant fire chief;
f. A head of a municipal department or division;
g. A deputy of a head of a municipal department or division;
h. A probationary employee;
i. A part-time employee, including paid call fire fighters;
j. A seasonal or temporary employee of the municipality;
k. A person who works in the office of an elected official;
l. A secretarial or administrative assistant support position that is specifically designated as a position to assist and elected official or the head or deputy head of a municipal department;
m. Any individuals appointed to a position under Utah Code Annotated 10-3-901, et seq., including
i. The city engineer;
ii. The city recorder
iii. The city treasurer; or
iv. The city attorney; or
n. An employee who has:
i. Acknowledged in writing that the employee’s employment status is appointed or at will;
ii. Voluntarily waived the procedures required by Utah Code Annotated 10-3-1106, as amended.