{"data":{"id":"us-ut/utah-code-10-3-1105","jurisdiction":"us-ut","citation":"Utah Code § 10-3-1105","heading":"Municipal employees -- Duration and termination of employment -- Exceptions.","body":"(1)\n(a) 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.\n(b) 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.\n(2) Subsection (1)(a) does not apply to:\n(a) 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:\n(i) the appointment is made in writing;\n(ii) the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and\n(iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a);\n(b) 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;\n(c) 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:\n(i) a police chief of the municipality;\n(ii) a deputy or assistant police chief of the municipality;\n(iii) a fire chief of the municipality;\n(iv) a deputy or assistant fire chief of the municipality;\n(v) a head of a municipal department or division;\n(vi) a deputy head of a municipal department or division;\n(vii) a superintendent;\n(viii) a probationary employee of the municipality;\n(ix) a part-time employee of the municipality, including paid call firefighters;\n(x) a seasonal or temporary employee of the municipality;\n(xi) a person who works in the office of an elected official; or\n(xii) 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;\n(d) an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:\n(i) the city engineer;\n(ii) the city recorder;\n(iii) the city treasurer; or\n(iv) the city attorney; or\n(e) an employee who has:\n(i) acknowledged in writing that the employee's employment status is appointed or at-will; or\n(ii) voluntarily waived the procedures required by Section 10-3-1106.\n(3) 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).\n(4) 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.","path":["Title 10 Utah Municipal Code","Chapter 10-3 Municipal Government","Part 10-3-11 Personnel Rules and Benefits"],"source_url":"https://le.utah.gov/xcode/Title10/Chapter3/10-3-S1105.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"ba73907bbb59777d4246335d4ac13a3a2c863e530b4208a5ea8761561b9b44af","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-10-3-1104","next":"us-ut/utah-code-10-3-1106"},"notice":"GroundRules: Original legal text. Not legal advice."}