2-2-1: CREATION AND COMPOSITION OF APPEALS BOARD:
   A.   Appointment; Membership: There is hereby created an appeals board to be known as the Washington City employee appeals board ("board"). The board shall consist of five (5) members who shall be appointed as follows:
      1.   City Council Members: The mayor shall appoint two (2) members of the city council to the board. The mayor shall appoint one alternate member of the city council to serve on the board. Appointments by the mayor are subject to confirmation by a majority of the city council.
      2.   City Employee Members: The city manager shall appoint three (3) members who are either appointed officers or employees of the city (excluding the city manager and city recorder). The city manager shall appoint at least four (4) alternate members who are either appointed officers or employees of the city to serve on the board. The alternates shall sit on the board in place of the regular members in accordance with the numerical designation assigned to them by the city manager. There shall be no more than one department head sitting on the board during any hearing. Appointments by the city manager are subject to confirmation by a majority of the city council.
   B.   Terms Of Office: Terms of office for all members of the board, including alternates, shall be two (2) years. Nothing shall prevent any member of the board from being appointed to successive terms of office. If any member is unable to complete his or her term of office or is unwilling to serve, then a new member shall be appointed as provided for herein to serve the remaining term.
   C.   Vacancy; Emergency Appointments: In the event that there is a vacancy on the board when an appeal has been filed, the city manager shall have authority to appoint an interim board member or members to serve on the board and hear the appeal. The appointment shall be for that specific appeal only unless the interim board member is thereafter confirmed by the city council. Any vacancy that the city manager fills on an interim basis must maintain the balance between city council members and city employee members as specified in subsections A1 and A2 of this section. For purposes of this section, a "vacancy" may also occur when a conflict of interest prevents appointed board members and alternates from serving on any particular appeal.
   D.   Secretary: The city recorder shall act as secretary to the board.
   E.   Administrative Law Judge; Board Attorney: The board shall have the authority to retain an individual to act as the administrative law judge and attorney and counselor to the board ("ALJ"). The ALJ must be an attorney duly licensed to practice law in the state of Utah. The ALJ shall have the authority to: 1) meet and confer with the board as its attorney; 2) conduct the public hearing; 3) make rulings on any procedural or evidentiary matters that arise at the public hearing; 4) assist the board in preparing findings and conclusions to the extent deemed necessary; and 5) assist or otherwise prepare for the board any procedural rules or regulations that the ALJ, with the approval of the board, deems necessary to aid in the conduct of the public hearing. (Ord. 2014-24, 10-8-2014)