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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-30-1 Definitions.
(1) "Governing body" means the county legislative body.
(2) "Appointing authority" means the sheriff of a county having jurisdiction over any peace officer.
(3) "Peace officer" means any paid deputy sheriff, other than a chief deputy designated by the sheriff, who is in the continuous employ of a county.
(4) "Commission" means the personal merit system commission consisting of three persons appointed by the governing body and having the duty, power, and responsibility for the discharge of the functions of this chapter.
(5) "Department of Public Safety" means the department
created in Section
53-1-103
.
1993
17-30-2 Subordinate officers in sheriff's office to be appointed from list - Officers serving on effective date deemed qualified.
(1) From and after the effective date of this act the sheriff of each county with a population of 20,000 people or more which shall regularly employ one or more peace officers shall, by and with the advice and consent of the county legislative body, and subject to the rules and regulations of the merit service commission, appoint from the classified merit service list furnished by the merit service commission, all subordinate peace officers in his department and in like manner fill all vacancies in the same and shall further promote, transfer, demote, suspend or remove peace officers in accordance with the provisions of this act.
(2) Every peace officer who is serving as such upon the effective date of this act shall be deemed fully qualified for such position without examination or test and deemed to have been appointed and to hold his position and classification pursuant to the provisions of this act.
(3) Counties with a population of less than 20,000 people
may implement a deputy sheriff's merit system if approved
by the county legislative body or the people of the county
through referendum or initiative.
1993
17-30-3 Establishment of merit system commission - Appointment, qualifications, and compensation of members.
(1) Each county with a population of 20,000 people or more shall establish a merit system commission consisting of three members appointed by the county legislative body. Not more than two members of the commission shall be affiliated with or members of the same political party. Of the original appointees, one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment, and one each for terms ending two and four years thereafter. Upon the expiration of any of the terms, a successor shall be appointed for a full term of six years. Appointment to fill a vacancy resulting other than from expiration of term shall be for the unexpired portion of the term only. Each legislative body charged by this act with the appointment of a personnel merit system commission shall make such appointments within 90 days after the effective date of this act.
(2) Members of a commission shall be citizens of the state, shall have been residents of the area embraced by the governmental unit from which appointed not less than five years next preceding the date of appointment, and shall hold no other office or employment under the governmental unit for which appointed.
(3) The county legislative body may compensate a member
for service on the commission and reimburse the member for
necessary expenses incurred in the performance of the member's
duties.
1997
17-30-4 General duty of commission.
The commission shall be responsible for carrying out the
provisions of this act, and shall make all necessary rules
and regulations, not in conflict with the provisions hereof,
as may be necessary for that purpose.
1960
17-30-5 Organization of commission - Secretary - Offices - Job classification plan.
Each merit system commission shall be organized by its
members who shall select one member as chairman and shall
have assigned to it by the county legislative body, a qualified
employee of the county to act as secretary. Such employee
shall be acceptable to the commission and shall act and serve
as secretary without additional compensation unless the county
legislative body so specifies. The county legislative body
shall provide suitable accommodations, supplies and equipment
as needed to enable the commission to attend to its business.
The commission shall formulate a comprehensive job classification
plan covering all peace officers of the governmental unit.
The plan shall place all positions requiring substantially
the same duties and qualifications in the same classification
and shall include minimum physical and educational qualifications
of the applicants for each position, and provide standards
for promotion. The commission shall adopt a classification
plan which shall be the basis of the administration of this
act until changed with the approval of the commission. In
the event a new position is created and approved by the governing
body, such position shall automatically be classified and
become a part of the classification plan.
1993
17-30-6 Examinations - How prepared, conducted, and graded - Notice of examination.
(1) (a) When necessary, the commission shall give competitive examinations to determine the qualification of applicants for positions as peace officers.
(b) The examinations shall be practical in character and shall relate to matters that will fairly test the mental and physical ability and knowledge of the applicants to discharge the duties of the positions.
(c) The examinations shall be prepared, conducted, and graded under the direction of the commission, or by impartial special examiners if the commission finds it necessary.
(2) (a) Notice of examination shall be published one time not less than 15 days prior to the examination in a newspaper of general circulation in the area concerned and shall be posted in a conspicuous place in the office of the department concerned.
(b) The notice shall set forth minimum and maximum wages, physical and educational requirements, and passing grades, which shall be not less than 70%.
(c) A person completing an examination shall be promptly
notified by mail at his last known address of his final grade.
1993
17-30-7 Disqualification of applicant for examination - Appeal to commission.
(1) The commission shall disqualify an applicant for examination who:
(a) Does not meet advertised qualifications.
(b) Has been convicted of a criminal offense inimical to the public service, or involving moral turpitude.
(c) Has practiced or attempted deception or fraud in his application or examination, or in securing eligibility for appointment.
(d) Is not a citizen of the United States.
(2) If an applicant is rejected, he shall be notified
by mail at his last known address. At any time prior to the
date of examination an applicant may correct a defect in
his application, or appeal in writing to the commission.
1960
17-30-8 Preservation and inspection of examination papers.
All examination papers shall remain the property of the
commission, and shall be preserved until the expiration of
the eligible register for the preparation of which an examination
is given. Examination papers shall not be open to public
inspection without court order, but an applicant may inspect
his own papers at any time within thirty days after the mailing
of notice of his grade. The appointing authority may inspect
the papers of any eligible applicant certified for appointment.
1960
17-30-9 Preparation and expiration of eligible register.
(1) Upon completion of an examination the commission shall prepare an eligible register containing the names of all persons receiving a passing grade in the order of grades earned, beginning with the highest.
(2) An eligible register shall expire not later than two
years after the date of the examination unless the commission,
for good reason, shall extend the time not to exceed one
additional year. The promulgation of a new eligible register
shall automatically cancel all previous registers for the
same class or position.
1960
17-30-10 Appointments from eligible register - Failure to accept appointment.
(1) When a peace officer is to be appointed, the appointing authority shall request the merit system commission to certify three eligible applicants for the position. The commission shall thereupon certify to the appointing authority the names of the three applicants standing highest on the eligible register. The appointing authority shall select and appoint one of the persons so certified.
(2) In the event a certified person fails to accept a
proffered appointment, he may, at his request, retain his
place on the eligible register if he submits in writing reasons
sufficient in the judgment of the commission to justify such
failure.
1960
17-30-11 Probationary period of appointment.
Any officer appointed as provided in Section
17-30-10
shall serve a probationary period of six consecutive
months, during which time he may be discharged by the appointing
authority. The probationary period shall be extended for
an officer who has not yet satisfactorily completed an approved
peace officer training program and received a certificate
attesting thereto, as required under Title 67, Chapter 15.
A person removed during his probationary period shall not
be replaced on the eligible register without passing another
regular examination. Continuance in his position after the
expiration of the probationary period shall constitute permanent
appointment. Service under a temporary or emergency appointment
shall not be considered as part of the probationary period.
1983
17-30-12 Vacancies - Positions requiring special qualifications - Competition suspended - Promotion - Promotional register.
(1) In case of vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person of recognized attainments the board may, after public hearing and by the affirmative vote of all members suspend competition, and all such cases of suspension shall be reported together with the reason therefor, in the annual reports of the commission.
(2) Vacancies occurring in the merit system classification of any county shall be filled by promotion insofar as possible. A promotion shall be made only after an open competitive examination, admission to which shall be limited to merit system officers. Such examination shall include an average of service ratings for the next preceding year, a rating of seniority, and test the competence of the peace officer to perform the duties required in the position for which application is made. The combined weights of service rating and seniority shall be not more than forty per cent of the whole examination. Succeeding vacancies shall also be filled by promotion until the lowest grade is reached, which grade shall then be filled from the eligible list as herein set forth.
(3) After a promotional examination, the commission shall
prepare a promotional register which shall take precedence
over an eligible register. Certification therefrom shall
be made in the same manner as from an eligible register.
1960
17-30-13 Transfer of officer.
A merit system officer may be transferred, without examination,
from one position to a similar position in the same class
and grade in the same governmental unit.
1960
17-30-14 Temporary appointment.
A temporary appointment for a period not exceeding sixty
days may be made, pending examination, when there is no eligible,
promotion, or re-employment register in existence.
1960
17-30-15 Emergency appointment.
An emergency appointment may be made for a period not
exceeding seven days, and with the consent of the commission
may be extended one time for an additional period of not
to exceed seven days, in the event an eligible person is
not immediately available from the eligible, promotion, or
re-employment register and the work to be performed is necessary
to expedite the public business.
1960
17-30-16 Temporary layoffs - Re-employment register.
When necessary because of lack of funds or work an officer
may, with the approval of the commission, be temporarily
laid off. Such layoff shall be made according to the lowest
rating of the officers of the class of position affected,
calculated upon seniority under a method prescribed by the
commission. A person serving under temporary or emergency
appointment shall be laid off before any merit system officer.
A merit system officer who is laid off shall be placed upon
a re-employment register to be re-employed in the inverse
order in which he is laid off, which register shall take
precedence over all eligible registers.
1960
17-30-17 Leave of absence - Sick leaves and vacations.
(1) The appointing authority, with the approval of the commission, may grant an officer a leave of absence without pay for a period not to exceed one year. In the event an officer on leave takes a higher position in police work which does not come under the merit system provisions of this act, the leave may, with the consent of the commission, be renewed. In the event an officer is elected sheriff, or is appointed chief deputy, he shall automatically be placed on leave for the period of time he remains sheriff or chief deputy. Upon the termination of a leave of absence, the officer shall be returned to his former position.
(2) Sick leaves and vacations with pay shall be as provided
by law or ordinance.
1960
17-30-18 Demotion, reduction in pay, suspension or discharge - Grounds - How made.
(1) A merit system officer holding a permanent appointment may be demoted, reduced in pay, suspended, or discharged for:
(a) neglect of duty;
(b) disobedience of a reasonable order;
(c) misconduct;
(d) inefficiency, or inability to satisfactorily perform assigned duties;
(e) any act inimical to the public service.
(2) No officer shall be suspended for more than thirty
days at one time, nor more than sixty days in one year. Demotion,
reduction in pay, suspension, or discharge shall be made
upon order of the appointing authority.
1960
17-30-19 Disciplinary charges and officer grievances - Appeal to commission - Hearing - Findings.
(1) Each person who orders the demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause set forth in Section 17-30-18 shall:
(a) file written charges with the commission; and
(b) serve the officer with a copy of the written charges.
(2) (a) (i) An officer who is the subject of charges under Subsection (1) may, within ten days after service of the charges, appeal in writing to the commission.
(ii) In the absence of an appeal, a copy of the charges under Subsection (1) may not be made public without the consent of the officer charged.
(b) If an officer files a grievance, as defined by the commission, and exhausts all internal grievance procedures, if any, the officer may, within ten days after receiving notice of the final disposition of the grievance, file an appeal with the commission.
(3) (a) The commission shall:
(i) fix a time and place for a hearing upon the charges or appeal of the officer grievance; and
(ii) give notice of the hearing to the parties.
(b) (i) Except as provided in Subsection (3)(b)(ii), each hearing under this Subsection (3) shall be held not less than ten and not more than 90 days after an appeal or grievance is filed.
(ii) A hearing may be held more than 90 days after an appeal or grievance is filed if:
(A) the officer and employer agree; or
(B) for good cause the commission so orders.
(4) (a) If the aggrieved officer so desires, the hearing shall be public.
(b) The parties may be represented by counsel at the hearing.
(5) After the hearing the commission shall make its decision
in writing, including findings of fact, and shall mail a
copy to each party.
2000
17-30-20 Appeal to district court - Scope of review.
A person aggrieved by an act or failure to act of any
merit system commission under this act may appeal to the
district court, if he has exhausted his remedies of appeal
to the commission. The courts may review questions of law
and fact and may affirm, set aside, or modify the ruling
complained of.
1960
17-30-21 Power of commission members to administer oaths and subpoena witnesses - Rights of, and fees for, witnesses.
(1) Any member of a commission, in performance of his duties as such, shall have power to administer oaths and subpoena witnesses and documents. If a person refuses to [or] fails to obey a subpoena issued by a commissioner, the district court may, upon application of a commissioner, compel obedience as in like cases before the district court.
(2) Witnesses in proceedings before a commission shall
be subject to all the rights, privileges, duties and penalties
of witnesses in courts of record, and shall be paid the same
fees, as an expense of the commission.
1960
17-30-22 Prohibitions against political activities - Penalties.
(1) Any employee of a governmental unit or member of a governing body, or appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend, discharge or change the amount of compensation of any merit system officer or seek, aid or abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the amount of compensation of any merit system officer, or promise or threaten to do so, for giving, withholding, or neglecting to make any contributions or any service for any political purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit system officer, shall be guilty of a misdemeanor. This section shall not be deemed to apply to political speeches or use of mass communications media for political purposes by persons not merit system officers even though merit system officers may be present or within the reach of such media unless the purpose and intent thereof is to violate this section with direct respect to such officers.
(2) No merit system officer may engage in any political
activity during the hours of employment, nor shall any person
solicit political contributions from merit system officers
during hours of employment for political purposes; but nothing
in this section shall preclude voluntary contributions by
a merit system officer to the party or candidate of the officer's
choice.
1960
17-30-23 Severability of provisions - Duty of commission to provide for unspecified activities.
If any section or provision of this act is declared unconstitutional
or void, the fact of such holding shall in no wise affect
those sections and provisions not held unconstitutional or
void and which can be retained in effect without the provision
declared unconstitutional and void, and it shall be the duty
of the merit service commission to provide by rule for the
operation and functioning of any activity within the purpose
and spirit of the act which may be or may become necessary
and proper and which is not specifically provided hereby.
1960
17-30-24 More than one chief deputy in larger county departments.
In counties employing more than 100 full time uniformed
peace officers, the appointing authority, with the consent
of the merit commission and the county legislative body,
may appoint more than one chief deputy or undersheriff.
1993
