Utah Code » Title 10, Chapter 3 — Municipal Government; part 10-3-11 — Personnel Rules and Benefits
Utah Code

Utah Code § 10-3-1105 (2026)

Municipal employees -- Duration and termination of employment -- Exceptions

✓ current as of May 2026
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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.
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.
Subsection (1)(a) does not apply to:
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:
the appointment is made in writing;
the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and
the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);
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;
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:
a police chief of the municipality;
a deputy or assistant police chief of the municipality;
a fire chief of the municipality;
a deputy or assistant fire chief of the municipality;
a head of a municipal department or division;
a deputy head of a municipal department or division;
a superintendent;
a probationary employee of the municipality;
a part-time employee of the municipality, including paid call firefighters;
a seasonal or temporary employee of the municipality;
a person who works in the office of an elected official; or
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;
an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:
the city engineer;
the city recorder;
the city treasurer; or
the city attorney; or
an employee who has:
acknowledged in writing that the employee's employment status is appointed or at-will; or
voluntarily waived the procedures required by Section 10-3-1106.
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).
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.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1989–2023 · leading case: Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009).
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Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). · cites it 108× “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 grants procedural protections to the employees included in subsection 10-3-1105(1) (merit employees).”
Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). · cites it 48× “See Utah Code Ann. § 10-3-1105 (2007). 2 The City opposed Pearson's motion and countered with a cross-motion for partial summary judgment, asking the trial court to conclude that Pearson could be terminated at-will under section 10-38-1105.”
Ward v. Richfield City, 798 P.2d 757 (Utah 1990). · cites it 5× “On the 6th of April, Ward submitted a written request to the council for an administrative appeal pursuant to Utah Code Ann. §§ 10-3-1105 and -1106. The request was denied.”
Ward v. Richfield City, 776 P.2d 93 (Utah Ct. App. 1989). · cites it 12× “On April 6, 1981, Ward submitted a written request to the Council for an administrative appeal pursuant to Utah Code Ann. §§ 10-3-1105 and -1106 (1981).”
Howick v. Salt Lake City Corp., 2013 UT App 218 (Utah Ct. App. 2013). · cites it 5× “3d 51 , when current statutory law expressly authorizes the contract, see Utah Code Ann. § 10-3-1105 (@2)(e) (LexisNexis 2012).”
Kocherhans v. Orem City, 266 P.3d 190 (Utah Ct. App. 2011). · cites it 6× “§ 10-3-1105 (1), (2)(g)-(h) (2007) (excluding certain municipal employees, such as "a head of a municipal department" and "a deputy of a head of a municipal department," from the protections and requirements of section 1106), and therefore was not subject to the administrative…”
Taylorsville City v. Taylorsville City Emp. Appeal Bd., 2013 UT App 69 (Utah Ct. App. 2013). · cites it 4× “In particular, the legislature has authorized municipalities to create an appeal board or appoint a hearing officer to hear appeals from merit employees who have been terminated.”
Nelson v. City of Orem, 2013 UT 53 (Utah 2013). · cites it 2× “Urax Cope § 10-3-1105(1)(a). 14 . Id. § 10-3-1106(2)(a).”
Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009). · cites it 14× “ANALYSIS ¶ 4 The Utah Municipal Code states that "each employee of a municipality shall hold employment without limitation of time," Utah Code Ann. § 10-3-1105 (1) (2007), and allows the municipality to determine the circumstances that would constitute "cause for an employee…”
Palmer v. City of Monticello, 731 F. Supp. 1503 (D. Utah 1990). · cites it 6× “As a police officer, Plaintiff is specifically excluded from section 10-3-1105 of the Utah Code Annotated which prohibits termination of other municipal employees other than for cause.”
Brindley v. Logan City, 2023 UT App 46 (Utah Ct. App. 2023). · cites it 3× “§ 10-3-1105. (continued…) 20220187-CA 7 2023 UT App 46 Brindley v.”
Becker v. Sunset City, 2009 UT App 197 (Utah Ct. App. 2009). · cites it 2× “” Utah Code Ann. § 10-3-1106 (6)(c). See generally Sorge v.”
Show all 14 citing cases →
— Utah Code § 10-3-1105(1) — 4 cases
Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 grants procedural protections to the employees included in subsection 10-3-1105(1) (merit employees).”
Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). “See Utah Code Ann. § 10-3-1105 (2007). 2 The City opposed Pearson's motion and countered with a cross-motion for partial summary judgment, asking the trial court to conclude that Pearson could be terminated at-will under section 10-38-1105.”
Kocherhans v. Orem City, 266 P.3d 190 (Utah Ct. App. 2011). “§ 10-3-1105 (1), (2)(g)-(h) (2007) (excluding certain municipal employees, such as "a head of a municipal department" and "a deputy of a head of a municipal department," from the protections and requirements of section 1106), and therefore was not subject to the administrative…”
Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009). “ANALYSIS ¶ 4 The Utah Municipal Code states that "each employee of a municipality shall hold employment without limitation of time," Utah Code Ann. § 10-3-1105 (1) (2007), and allows the municipality to determine the circumstances that would constitute "cause for an employee…”
— Utah Code § 10-3-1105(1)(a) — 3 cases
Nelson v. City of Orem, 2013 UT 53 (Utah 2013). “Urax Cope § 10-3-1105(1)(a). 14 . Id. § 10-3-1106(2)(a).”
Brindley v. Logan City, 2023 UT App 46 (Utah Ct. App. 2023). “§ 10-3-1105. (continued…) 20220187-CA 7 2023 UT App 46 Brindley v.”
Nelson v. City of Orem, 2013 UT 53 (Utah 2013).
— Utah Code § 10-3-1105(2) — 3 cases
Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). “See Utah Code Ann. § 10-3-1105 (2007). 2 The City opposed Pearson's motion and countered with a cross-motion for partial summary judgment, asking the trial court to conclude that Pearson could be terminated at-will under section 10-38-1105.”
Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 grants procedural protections to the employees included in subsection 10-3-1105(1) (merit employees).”
Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009). “ANALYSIS ¶ 4 The Utah Municipal Code states that "each employee of a municipality shall hold employment without limitation of time," Utah Code Ann. § 10-3-1105 (1) (2007), and allows the municipality to determine the circumstances that would constitute "cause for an employee…”
— Utah Code § 10-3-1105(2)(d) — 2 cases
Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 grants procedural protections to the employees included in subsection 10-3-1105(1) (merit employees).”
Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). “See Utah Code Ann. § 10-3-1105 (2007). 2 The City opposed Pearson's motion and countered with a cross-motion for partial summary judgment, asking the trial court to conclude that Pearson could be terminated at-will under section 10-38-1105.”
— Utah Code § 10-3-1105(2)(f) — 1 case
Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). “See Utah Code Ann. § 10-3-1105 (2007). 2 The City opposed Pearson's motion and countered with a cross-motion for partial summary judgment, asking the trial court to conclude that Pearson could be terminated at-will under section 10-38-1105.”
— Utah Code § 10-3-1105(2)(g) — 1 case
Kocherhans v. Orem City, 266 P.3d 190 (Utah Ct. App. 2011). “§ 10-3-1105 (1), (2)(g)-(h) (2007) (excluding certain municipal employees, such as "a head of a municipal department" and "a deputy of a head of a municipal department," from the protections and requirements of section 1106), and therefore was not subject to the administrative…”
— Utah Code § 10-3-1105(2)(h) — 1 case
Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 grants procedural protections to the employees included in subsection 10-3-1105(1) (merit employees).”
— Utah Code § 10-3-1105(3) — 1 case
Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009). “ANALYSIS ¶ 4 The Utah Municipal Code states that "each employee of a municipality shall hold employment without limitation of time," Utah Code Ann. § 10-3-1105 (1) (2007), and allows the municipality to determine the circumstances that would constitute "cause for an employee…”
— Utah Code § 10-3-1105(4) — 2 cases
Nelson v. City of Orem, 2013 UT 53 (Utah 2013). “Urax Cope § 10-3-1105(1)(a). 14 . Id. § 10-3-1106(2)(a).”
Nelson v. City of Orem, 2013 UT 53 (Utah 2013).
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