H.B. 389 Enrolled

DEPUTY SHERIFFS MERIT SYSTEM AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Perry L. Buckner
AN ACT RELATING TO COUNTIES; EXPANDING THE MATTERS THAT CAN BE
APPEALED TO THE MERIT SYSTEM COMMISSION; AND MAKING TECHNICAL
CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-30-19, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-30-19 is amended to read:
17-30-19. Disciplinary charges and officer grievances -- Appeal to commission --
Hearing -- Findings.
[Upon] (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 [, the person ordering
the demotion, reduction in pay, suspension, or discharge] shall:
(a) file written charges with the commission[,]; and [shall]
(b) serve the officer with a copy [thereof] of the written charges. [In the absence of an
appeal, copies of such charges shall not be made public without the consent of the charged officer.
The]
(2) (a) (i) An officer who is the subject of charges under Subsection (1) may, within ten
days after service of the charges, [may] 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[, which shall not be less than five nor
more than twenty days after appeal is filed,] or appeal of the officer grievance; and
(ii) give notice of [which shall be given] 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[, and the].
(b) The parties may be represented by counsel at the hearing.
(5) After the hearing the commission shall make its decision in writing, including [therein]
findings of fact, and shall mail a copy to each party.

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