Section 3.6 – Administrative review for political subdivision employees.

• (1)
  • (a) A political subdivision may adopt an ordinance to establish an independent personnel board to hear and take action on a complaint alleging retaliatory action.
  • (b) The ordinance described in Subsection (1)(a) shall include:
    • (i) procedures for filing a complaint and conducting a hearing; and
    • (ii) a burden of proof on the employer to establish by substantial evidence that the employer’s action was justified by reasons unrelated to the employee’s good faith actions under Section 67-21-3.

• (2) If a political subdivision adopts an ordinance described in Subsection (1), a political subdivision employee may file a complaint with the independent personnel board alleging retaliatory action.

• (3) If an independent personnel board finds that retaliatory action is taken in violation of the ordinance described in Subsection (1)(a), the independent personnel board may order:
  • (a) reinstatement of the employee at the same level as before the retaliatory action;
  • (b) the payment of back wages;
  • (c) full reinstatement of fringe benefits;
  • (d) full reinstatement of seniority rights; or
  • (e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.

Amended by Chapter 174, 2022 General Session