Utah § 10-3-1105 Municipal employees -- Duration and termination of employment -- Exceptions.

Utah Statutes

§ 10-3-1105 — Municipal employees -- Duration and termination of employment -- Exceptions.

Utah § 10-3-1105

Title 10Utah Municipal Code

Ch. 10-3Municipal Government

Part 10-3-11Personnel Rules and Benefits

This text of Utah § 10-3-1105 (Municipal employees -- Duration and termination of employment -- Exceptions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 10-3-1105 (2026).

Text

(1)(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.

(1)(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.

(2)Subsection (1)(a) does not apply to:

(2)(a) 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:

(2)(a)(i) the appointment is made in writing;

(2)(a)(ii) the person'

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(1) (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.
(1)(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.
(2) Subsection (1)(a) does not apply to:

(2)(a) 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:
(2)(a)(i) the appointment is made in writing;
(2)(a)(ii) the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and
(2)(a)(iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);
(2)(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;
(2)(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:
(2)(c)(i) a police chief of the municipality;
(2)(c)(ii) a deputy or assistant police chief of the municipality;
(2)(c)(iii) a fire chief of the municipality;
(2)(c)(iv) a deputy or assistant fire chief of the municipality;
(2)(c)(v) a head of a municipal department or division;
(2)(c)(vi) a deputy head of a municipal department or division;
(2)(c)(vii) a superintendent;
(2)(c)(viii) a probationary employee of the municipality;
(2)(c)(ix) a part-time employee of the municipality, including paid call firefighters;
(2)(c)(x) a seasonal or temporary employee of the municipality;
(2)(c)(xi) a person who works in the office of an elected official; or
(2)(c)(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;
(2)(d) an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:
(2)(d)(i) the city engineer;
(2)(d)(ii) the city recorder;
(2)(d)(iii) the city treasurer; or
(2)(d)(iv) the city attorney; or
(2)(e) an employee who has:
(2)(e)(i) acknowledged in writing that the employee's employment status is appointed or at-will; or
(2)(e)(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.