Utah Code Ann. § 53E-6-802 The Board may, in its sole discretion, accept or reject the recommendations and findings of the hearing officer and make its own determination. If in the course of negotiations with the local professional organization representing a majority of certificated employees, the negotiating parties reach an impasse, the Board may, if it elects, pursue the mediation procedures adopted between the Board and the local professional organization. The Board may, in its sole discretion, accept or reject the findings and recommendations of the hearing officer and make its own determination.
3.0830.02 DETERMINATION OF MAJORITY STATUS Issue Date: 11/14/19
The State Superintendent may determine majority status of a professional organization.
Utah Code Ann. § 53G-6-802(9)
3.0900 LEGAL DEFENSE OF EMPLOYEES
NOTICE OF SUIT OR THREAT OF SUIT Issue Date: 9/12/96 Updated: 11/14/19
In the event that any employee is sued or threatened with suit for actions which they have taken within the scope of their employment or under color of state authority as an employee of the District, they shall notify the Superintendent in writing of such action or threat. The written notice shall provide a short statement of the facts giving rise to the claim; the nature of the claim asserted; how the actions giving rise to the claim relate to the job duties of the teacher and come within the scope of employment; and a request to engage legal counsel to provide a defense to the claim. The written request must be made: 1. Within ten (10) days after service of process 2. Within a longer period that would not prejudice the District in maintaining a defense on the employee’s behalf If the employee fails to make a timely request or cooperate in the defense the District need not, in its discretion, provide the defense, pay any judgment, compromise, or settle against the employee arising from such claim. REFERRAL TO LEGAL COUNSEL Issue Date: 9/12/96 Updated: 11/14/19 The Superintendent may, if the nature of the action so warrants, provide a copy of the request to provide a defense either to Risk Management or to the District’s legal counsel.
LIMITATION OF OBLIGATION TO PROVIDE DEFENSE Issue Date: 9/12/96
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