A. The employee must exhaust their rights under the grievance procedure set forth in the city policy and procedure manual before appealing to the board.
B. The appeal shall be taken by filing written notice of the appeal with the city recorder within ten (10) business days after the employee receives notice of the final disposition of the municipality's internal grievance procedure.
C. Upon filing of an appeal the city recorder shall forthwith refer a copy of the appeal to the appeal board.
D. Upon receipt of the referral from the recorder, the appeal board shall commence its investigation, take and receive evidence, and fully hear and determine the matter which relates to the cause for discharge, involuntary transfer (demotion), or suspension.
E. The employee filing the appeal may appear in person and be represented by counsel, have a public hearing; confront witnesses whose testimony is to be considered, and examine any evidence to be considered by the board.
F. Each decision of the appeal board shall be by secret ballot, and shall be certified to the recorder within fifteen (15) business days from the date of the ballot. For good cause, the board may extend the fifteen (15) day period to a maximum of sixty (60) days, if both the employee and the city consent.
G. If the board finds in favor of the employee, the board shall provide that the employee shall receive the employee's salary for the period of time during which the employee was discharged, or suspended without pay or any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.
H. In the event that the board upholds the discharge, transfer, or suspension, the officer or employee has the remedies available in Utah Code Annotated section 10-3-1106(6). (Ord. 2004-28, 10-5-2004)