Utah Code

Utah Code § 10-3-1106 (2026)

Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure

✓ current as of May 2026

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An employee to which Section 10-3-1105 applies may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration:

because of the employee's politics or religious belief; or

incident to, or through changes, either in the elective officers, governing body, or heads of departments.

Before an employee who is a law enforcement officer, as that term is defined in Section 53-13-103, to which Subsection 10-3-1105(1)(a) applies may be discharged, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration due to disciplinary reasons, the law enforcement officer's employing agency shall, at a minimum:

notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons;

give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative;

have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and

give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative.

The provisions of Subsection (1)(b) do not limit or alter the rights under this part of:

an employee to which Section 10-3-1105 applies who is not a law enforcement officer; or

a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b).

If, after the requirements of Subsections (1)(a) and (b) have been met, an employee other than an employee described in Subsection 10-3-1105(2), is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any disciplinary reason, the employee may, subject to Subsection (2)(b), appeal the final decision to discharge, suspend without pay, or involuntarily transfer to an appeal board or hearing officer established under Subsection (7).

If the municipality provides an internal grievance procedure, the employee shall exhaust the employee's rights under that grievance procedure before appealing to the appeal board or hearing officer.

Each appeal under Subsection (2) shall be taken by filing written notice of the appeal with the municipal recorder in accordance with procedures established by a municipality within 10 calendar days after:

if the municipality provides an internal grievance procedure, the employee receives notice of the final disposition of the municipality's internal grievance procedure; or

if the municipality does not provide an internal grievance procedure, the discharge, suspension, or involuntary transfer.

Upon the filing of an appeal under Subsection (3)(a), the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7).

Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer.

An employee who is the subject of the discharge, suspension, or transfer may:

appear in person and be represented by counsel;

have a hearing open to the public;

confront the witness whose testimony is to be considered; and

examine the evidence to be considered by the appeal board.

An employee or the municipality may request the hearing described in Subsection (4)(a)(ii).

A decision of the appeal board shall be by secret ballot.

The appeal board or the hearing officer shall certify a decision by the appeal board or hearing officer, respectively, with the recorder no later than 15 days after the day on which the hearing is held, except as provided in Subsection (5)(a)(iii).

For good cause, the appeal board or hearing officer may extend the 15-day period under Subsection (5)(a)(ii) to a maximum of 60 calendar days, if the employee and municipality both consent.

If the appeal board or hearing officer finds in favor of the employee, the appeal board or hearing officer shall provide that the employee shall receive:

the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or

any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals by filing with that court a petition for review.

A petition under Subsection (6)(a) shall be filed within 30 days after the issuance of the final action or order of the appeal board or hearing officer.

The Court of Appeals' review shall be:

on the record of the appeal board or hearing officer; and

for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority.

The method and manner of choosing a hearing officer or the members of the appeal board, the number of members, the designation of a hearing officer's or appeal board member's term of office, and the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance.

For a municipality operating under a form of government other than a council-mayor form under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government, an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board.

This section does not apply to an employee:

described in Subsection 10-3-1105(2); or

discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.

Notes of Decisions

Cited in 35 cases (3 in the last 5 years), 1989–2024 · 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 127× “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Nelson v. City of Orem, 2013 UT 53 (Utah 2013). · cites it 15× “The Court of Appeals' Review of the Board's Decision Is Limited by Section 10-3-1106 to an Abuse of Discretion Standard of Review 125 Officer Nelson's merit employment is a creation of statute.”

Thorpe v. Washington City, 2010 UT App 297 (Utah Ct. App. 2010). · cites it 10× “7 Utah Code Ann. § 10-3-1106 (6)(a) (Supp.2004) (emphasis added).”

Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). · cites it 17× “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 provides a process under which employees categorized under section 10-3-1105(1) are entitled to appeal.”

Fierro v. Park City Mun. Corp., 2012 UT App 304 (Utah Ct. App. 2012). · cites it 13× “{4 A week after being terminated, Fierro appealed the decision to the Appeal Board, pursuant to Utah Code Ann. § 10-3-1106 (@)-(3) (2007).”

Taylorsville City v. Taylorsville City Emp. Appeal Bd., 2013 UT App 69 (Utah Ct. App. 2013). · cites it 12× “Finally, the City argues that the Board erred by concluding that Gillespie had a due process right to notice of the charges against him at the investigative stage.”

Nelson v. Orem City, Dep't of Pub. Saf., 2012 UT App 147 (Utah Ct. App. 2012). · cites it 6× “See Utah Code Ann. § 10-3-1106 (7)(a@) (Supp.”

Perez v. South Jordan City, 320 P.3d 42 (Utah Ct. App. 2014). · cites it 8× “" Utah Code Ann. § 10-3-1106 (6)(c) (LexisNexis 2012); accord Nelson v.”

Becker v. Sunset City, 2009 UT App 197 (Utah Ct. App. 2009). · cites it 9× “” Utah Code Ann. § 10-3-1106 (6)(c). See generally Sorge v.”

Kocherhans v. Orem City, 266 P.3d 190 (Utah Ct. App. 2011). · cites it 8× “MEMORANDUM DECISION ROTH, Judge: {1 Darwin Kocherhans appeals the dismissal of his complaint for failure to exhaust administrative remedies, arguing that he was an at-will employee exempted from the administrative review procedures outlined in Utah Code section 10-38-1106…”

Brindley v. Logan City, 2023 UT App 46 (Utah Ct. App. 2023). · cites it 8× “This provision applies to all “employee[s] to which [s]ection 10- 3-1105 applies,” Utah Code § 10-3-1106(1), which includes municipal employees with some exceptions, id.”

Perez v. South Jordan City, 2013 UT 1 (Utah 2013). · cites it 4× “Section 4-06(B)e(d) of the South Jordan Employee Handbook states, "any final action or order of the bourd may be appealed by either the employee or the City to the Utah Court of Appeals by filing with that court a notice of appeal no later than 30 days from the date of the…”

Show all 35 citing cases →

— Utah Code § 10-3-1106(1) — 2 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Brindley v. Logan City, 2023 UT App 46 (Utah Ct. App. 2023). “This provision applies to all “employee[s] to which [s]ection 10- 3-1105 applies,” Utah Code § 10-3-1106(1), which includes municipal employees with some exceptions, id.”

— Utah Code § 10-3-1106(2) — 2 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Howick v. Salt Lake City Corp., 2013 UT App 218 (Utah Ct. App. 2013).

— Utah Code § 10-3-1106(2)(a) — 5 cases

Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015).

Nelson v. City of Orem, 2013 UT 53 (Utah 2013). “The Court of Appeals' Review of the Board's Decision Is Limited by Section 10-3-1106 to an Abuse of Discretion Standard of Review 125 Officer Nelson's merit employment is a creation of statute.”

Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018).

Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009).

Nelson v. City of Orem, 2013 UT 53 (Utah 2013).

— Utah Code § 10-3-1106(3)(a) — 1 case

Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018).

— Utah Code § 10-3-1106(3)(b) — 1 case

Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009).

— Utah Code § 10-3-1106(3)(b)(ii) — 4 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Taylorsville City v. Taylorsville City Emp. Appeal Bd., 2013 UT App 69 (Utah Ct. App. 2013). “Finally, the City argues that the Board erred by concluding that Gillespie had a due process right to notice of the charges against him at the investigative stage.”

Nelson v. City of Orem, 2013 UT 53 (Utah 2013).

— Utah Code § 10-3-1106(4)(a) — 1 case

Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018).

— Utah Code § 10-3-1106(4)(a)(i) — 1 case

Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018).

— Utah Code § 10-3-1106(4)(a)(iii) — 1 case

— Utah Code § 10-3-1106(4)(a)(iv) — 1 case

Palmer v. St. George City Council, 2018 UT App 94 (Utah Ct. App. 2018).

— Utah Code § 10-3-1106(4)(c) — 1 case

Becker v. Sunset City, 2009 UT App 197 (Utah Ct. App. 2009). “” Utah Code Ann. § 10-3-1106 (6)(c). See generally Sorge v.”

— Utah Code § 10-3-1106(4)(iii) — 1 case

— Utah Code § 10-3-1106(5)(a) — 1 case

Fierro v. Park City Mun. Corp., 2012 UT App 304 (Utah Ct. App. 2012). “{4 A week after being terminated, Fierro appealed the decision to the Appeal Board, pursuant to Utah Code Ann. § 10-3-1106 (@)-(3) (2007).”

— Utah Code § 10-3-1106(5)(a)(I) — 1 case

Perez v. South Jordan City, 268 P.3d 877 (Utah Ct. App. 2011).

— Utah Code § 10-3-1106(5)(a)(ii) — 1 case

Becker v. Sunset City, 2009 UT App 197 (Utah Ct. App. 2009). “” Utah Code Ann. § 10-3-1106 (6)(c). See generally Sorge v.”

— Utah Code § 10-3-1106(6) — 2 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Perez v. South Jordan City, 2013 UT 1 (Utah 2013). “Section 4-06(B)e(d) of the South Jordan Employee Handbook states, "any final action or order of the bourd may be appealed by either the employee or the City to the Utah Court of Appeals by filing with that court a notice of appeal no later than 30 days from the date of the…”

— Utah Code § 10-3-1106(6)(a) — 8 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Thorpe v. Washington City, 2010 UT App 297 (Utah Ct. App. 2010). “7 Utah Code Ann. § 10-3-1106 (6)(a) (Supp.2004) (emphasis added).”

Pearson v. South Jordan City, 2012 UT App 88 (Utah Ct. App. 2012). “Utah Code Ann. § 10-3-1105 (2007). Section 10-3-1106 provides a process under which employees categorized under section 10-3-1105(1) are entitled to appeal.”

— Utah Code § 10-3-1106(6)(c) — 4 cases

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

Howick v. Salt Lake City Emp. Appeals Bd., 2009 UT App 334 (Utah Ct. App. 2009).

Cieply v. Weber Cnty. Career Serv., 2024 UT App 36 (Utah Ct. App. 2024).

— Utah Code § 10-3-1106(6)(c)(ii) — 1 case

Nelson v. City of Orem, 2013 UT 53 (Utah 2013).

— Utah Code § 10-3-1106(7)(a) — 4 cases

Nelson v. City of Orem, 2013 UT 53 (Utah 2013).

— Utah Code § 10-3-1106(8)(b) — 1 case

Becker v. Sunset City, 2013 UT 51 (Utah 2013).

— Utah Code § 10-3-1106(8)(b)(ii) — 1 case

Fierro v. Park City Mun. Corp., 323 P.3d 601 (Utah Ct. App. 2014).

— Utah Code § 10-3-1106(B8)(b)(i) — 1 case

— Utah Code § 10-3-1106(a) — 1 case

Pearson v. South Jordan Emp. Appeals Bd., 2009 UT App 204 (Utah Ct. App. 2009). “See Utah Code Ann. § 10-3-1106 (6)(a) (Supp. 2008).”

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