I Employment Classification
A. City Officials: Elected officials and/or members of the City Council, Planning Commission members, Board of Adjustment members, and all other appointed commission, board, or committee members. Their status and compensation is governed by the statutes, ordinances, resolutions, or executive orders which create and govern the position.
Since elected officials are part time employees, no statutory contributions are required. Tier 1 elected officials, those with URS service prior to July 1, 2011 may participate in the defined benefit plan or exempt from retirement coverage, once they meet the salary requirements outlined in the URS plan. Amended 10/09/19 EO 19-145
B. City Manager: The City Manager is appointed under Utah Code Annotated § 10-3-1224. The City Manager is governed by Utah Code Annotated § 10-3-1225, § 10-3-1226 and West Valley City Municipal Code § 3-2-102. The City Manager and the City Council may agree, through contract or resolution, to additional duties and benefits.
C. Executive Staff Appointees: Executive staff are appointed by the City Manager. These policies and procedures apply to executive staff appointees with the following exceptions:
1. Executive staff appointees are “at-will” employees pursuant to Utah Code Annotated 10-3-1105, as amended, and may be terminated at any time.
2. An executive staff appointee will receive a minimum of six month’s base salary upon any separation from the City, including resignation. In addition, after 10 years employment with the City, each additional year worked will be awarded with an additional month of separation, up to six months, for a total of one year base salary, maximum.
The benefit does not apply when the employee:
a. is terminated for cause by the City Manager; or
b. voluntarily separates for employment with equal or greater pay, responsibilities, and benefits; or
c. voluntarily retires.
3. Base salary, for the purposes of separation pay for an executive staff appointee is defined as base salary, excluding benefits and contributions. The executive staff appointee is also entitled to any unused PTO, entitled holiday pay, or banked sick leave. Amended 11/29/22 EO 22-156; Amended 05/25/21 EO 21-151
D. Appointed Employees: Appointed employees are identified in Utah Code Annotated Title 10-3-11-1105. When such appointments are made they will be in writing and reflected on their job descriptions. These policies and procedures apply to these Appointed employees with the following exceptions:
1. Appointed employees are “at-will” employees pursuant to Utah code annotate 10-3-1105, as amended, and may be terminated at any time.
2. Appointed employees will receive the equivalent of three month’s base salary as severance pay in the event that they are terminated by the City Manager at any time for any reason other than the willful and deliberate violation of City Policy, Regulations, or the Law. There shall be no severance pay for voluntary resignation or retirement.
3. Three month’s base salary, for the purposes of severance pay for an appointed employee is defined as base salary, excluding benefits and contributions. The Appointed employee is also entitled to any unused PTO, entitled Holiday Pay, or Banked Sick Leave.
E. Notwithstanding changes in State Law which may materially alter this policy regarding the payment of severance for the City Manager, Executive Appointees, and Appointed Employees or other retirement incentives offered by West Valley City which results in the termination of these appointees, for any reason, the effected employee will receive the most favorable severance package available. In no case can an appointee receive more than one severance package.
F. Full-time Employee: An employee in an authorized position who works 40 hours per week and has successfully completed the probation period.
G. Probationary Employee: An employee hired to fill a full-time position must fulfill a probation period for of at-least one year from the date of hire regardless of whether or not the employee is reassigned, transferred or promoted to a different position with or across departments.
H. Part-time/Temporary/Seasonal Employee: Any employee hired on a temporary, seasonal, provisional, contractual, or emergency basis who works 1-40 hours per week are “at-will” employees and can be terminated at any time without cause.
I. Benefited and Non-Benefited Employee: Full-time employees and part-time employees may or may not be eligible for benefits. The City determines whether or not a position is benefited during the position classification process.
J. (Grant) Government Employment Program Employee: An employee hired under a government employment program or whose position is funded in whole in or part by a grant. Employees in positions funded by grants are “at-will” employees, and may be terminated at any time or when the grant funds are exhausted.
K. Sworn Public Safety Employees: Employees classified as law enforcement officers under Utah Code Annotated §53-13-103, as amended, and firefighter service employees as defined by Utah Code Annotated §49-16-102, excluding any positions defined as appointed employees. Amended 10/24/22 EO 22-155