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There shall be a classified civil service consisting of all full-time regularly employed EMTs, paramedics, firefighters, fire officers and all full-time regularly employed police officers (not to include “special function officers”).

(1) As provided in State law, Utah Code Section 10-3-1003, there is hereby established a Civil Service Commission, consisting of three (3) members to be appointed by the Municipal Council. Their term of office shall be for six (6) years, to be appointed so that the term of office of one (1) member shall expire on the thirtieth of June of each even-numbered year. The incumbents in office shall serve the remainder of the terms for which they were appointed. If a vacancy occurs in the Civil Service Commission, it shall be filled by appointment by the Municipal Council for the unexpired portion of the term. The qualifications of commissioners, their salaries and removal, shall be as provided for in State law; and the commission shall exercise those powers as provided for in State law.

(2) All persons in the classified service in respect to whom any personnel action is taken which is subject to the jurisdiction of the Civil Service Commission shall be subject to and have the following rights of procedure:

(a) The person so affected shall be notified by official action in writing by the department head of the charges and the proposed penalties to be imposed by the department head.

(b) Any employee in the civil service who is reduced, demoted, or removed, or who is suspended for a period which exceeds three (3) days or twenty-four (24) working hours, may appeal that action to the Commission within five (5) days after notice of such action.

(c) The Civil Service Commission shall first make a determination as to its jurisdictional rights to hear the particular matter and if it determines that it has the jurisdiction to proceed shall notify the employee, the department head and the Human Resources Director of the time and place of the holding of a hearing. Such hearing shall be open to the public, and any party thereto may be represented by legal counsel. The department head shall be represented by the City Attorney.

(d) The finding and decision of the Civil Service Commission shall be made in writing and shall be certified to the department head from whose order the appeal is taken. The Civil Service Commission shall have the power to either affirm the department head or to reverse the charges made by the department head but this power shall not be construed to confer upon the Civil Service Commission the right to impose a new or different penalty than that imposed by the department head.

(e) The decision of the Civil Service Commission shall be binding, unless appealed within ten (10) days by either party to the Mayor, who shall review the appeal for procedural correctness and may either affirm or remand the decision of the Civil Service Commission.

(f) A final action or order of the Civil Service Commission may be reviewed by the Court of Appeals by filing with that court a petition for review. A petition for review must be filed with the Court of Appeals within thirty (30) days after the issuance of the final action or order of the Civil Service Commission. The Court of Appeals’ review shall be on the record of the Civil Service Commission and for the purpose of determining if the Civil Service Commission abused its discretion or exceeded its authority.

(Rep&ReEn 2019-47, Am 2022-35)