The Utah Court of Appeals Reverses City’s Termination Decision for Failure to Give Adequate Notice.

On July 23, 2009, the Utah Court of Appeals reversed a decision by the Sunset City Appeal Board’s affirming the termination of a police officer, declaring that Sunset City had failed to give the employee adequate notice when it sent notice only by certified mail. In Becker v. Sunset City, the Court explained that because the notice of the hearing was sent only one week before the hearing by certified mail which would require Mr. Becker to be at home at the time of delivery, the employee did not receive adequate notice. The Court held that the city was required to do more to ensure that the employee received actual notice such as “[s]ending the notice by both certified and regular mail, placing a phone call to inform Becker of the imminent hearing, or hand delivering a copy of the notice.” The Court further found that Sunset City improperly refused to grant a continuance of the hearing under the circumstances.