10-3-1105. Municipal employees -- Duration and termination of employment -- Exceptions.
(1) Except as provided in Subsectionor, 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. (1)(b) (2) 10-3-1106 Subsectiondoes 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. (1)(a)
(2) Subsectiondoes not apply to: (1)(a) subject to Subsection, a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if: (3) 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; and (1)(a) 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 Subsectionsthroughor an equivalent position designated in a municipal ordinance or personnel policy: (2)(c)(i) (xii) 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, including: Part 9, Appointed Officials and Their Duties 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
(3) In addition to the persons described in Subsectionsthrough, a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection. (2)(b) (e) (2)(a)
(4) Nothing in this section or Sectionmay be construed to limit a municipality's ability to define cause for an employee termination or reduction in force. 10-3-1106