Perez v. South Jordan City
268 P.3d 877
Utah Ct. App.2011Background
- Perez challenges South Jordan City's Board decision terminating his employment; Board upheld termination.
- Board decision issued June 7, 2010 and to be certified to the city recorder within 15 days.
- City Recorder mailed decision to Perez June 10, 2010 with notice of a 30-day appeal window.
- Perez filed petition for review in this court July 9, 2010.
- Utah Municipal Code allows review by petition within 30 days after issuance of final action; issuance is the date the order bears on its face.
- Holding: petition for review was untimely; the appeal period runs from issuance date (June 7, 2010) and not from certification/mailing date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perez's petition for review was timely. | Perez argues the clock starts on certification to the City Recorder. | Respondents contend issuance date is June 7, 2010, not certification date. | Untimely; deadline begins June 7, 2010. |
Key Cases Cited
- Dusty's, Inc. v. Utah State Tax Comm'n, 842 P.2d 868 (Utah 1992) (date of issuance governs timing for review)
- Bonded Bicycle Couriers v. Department of Emp't Sec., 844 P.2d 358 (Utah Ct.App.1992) (mailing/notification does not extend filing period)
- Silva v. Department of Employment Security, 786 P.2d 246 (Utah Ct.App.1990) (start of appeal period from issuance, not receipt)
- Leonceynski v. Board of Review, 713 P.2d 706 (Utah 1985) (timeliness is jurisdictional; dismissal for failure to timely file)
- CJL Bucesynsk v. Industrial Comm'n, 917 P.2d 552 (Utah 1996) (review rights; relevance to issuance vs. mailing)
- Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569 (Utah Ct.App.1989) (outside court's jurisdiction; dismissal authority)