53-6-211. Revocation, suspension, or refusal of certification -- Hearings -- Grounds
-- Notice to employer -- Reporting.
(1) (a) The director may, upon the concurrence of the majority of the council, revoke,
refuse, or suspend certification of a peace officer for cause.
(b) Except as provided under Subsection (6), the council shall give the person or peace
officer involved prior notice and an opportunity for a full hearing before the council.
(c) The director, with the concurrence of the council, may by rule designate a presiding
officer to represent the council in adjudicative proceedings or hearings before the council.
(d) Any of the following constitute cause for action under Subsection (1)(a):
(i) willful falsification of any information to obtain certified status;
(ii) physical or mental disability affecting the employee's ability to perform his duties;
(iii) addiction to or the unlawful sale, possession, or use of narcotics, drugs, or drug
paraphernalia;
(iv) conviction of a felony or any crime involving dishonesty, unlawful sexual conduct,
physical violence, or driving under the influence of alcohol or drugs; or
(v) any conduct or pattern of conduct that would tend to disrupt, diminish, or otherwise
jeopardize public trust and fidelity in law enforcement.
(2) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
conviction obtained in this state or other jurisdiction may be considered for purposes of this
section.
(b) In this section, "conviction" includes a conviction that has been expunged, dismissed,
or treated in a similar manner to either of these procedures.
(c) This provision applies to convictions entered both before and after April 25, 1988.
(3) The director shall send notice to the governing body of the political subdivision
employing the peace officer and shall receive information or comments concerning the peace
officer from the governing body or the agency employing the officer before suspending or
revoking that peace officer's certification.
(4) Denial, suspension, or revocation procedures may not be initiated by the council when
an officer is terminated for infraction of his agency's policies, general orders, or similar guidelines
of operation that do not amount to any of the causes for denial, suspension, or revocation
enumerated in Subsection (1).
(5) (a) Termination of a peace officer, whether voluntary or involuntary, does not
preclude revocation or subsequent denial of peace officer certification status by the council if the
peace officer was terminated for any of the reasons under Subsection (1).
(b) Employment by another agency, or reinstatement of a peace officer by his parent
agency after termination, whether the termination was voluntary or involuntary, does not preclude
revocation or subsequent denial of peace officer certification status by the council if the peace
officer was terminated for any of the reasons under Subsection (1).
(6) (a) When the cause for action is conviction of a felony, the proceedings prior to a
recommendation shall be limited to an informal review of written documentation by the presiding
officer.
(b) If the presiding officer determines that the peace officer has been convicted of a
felony, then the presiding officer shall recommend revocation.
(c) The peace officer may request an informal hearing before the presiding officer solely
to present evidence that there was no felony conviction.
(d) At the conclusion of an informal hearing, the presiding officer shall make a
recommendation to the director and the council.
(7) The chief, sheriff, or administrative officer of a law enforcement agency is required to
report to Peace Officer Standards and Training all conduct of employees who are peace officers,
as provided in Subsection (1)(d) above.
Amended by Chapter 13, 1998 General Session
Amended by Chapter 282, 1998 General Session
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Last revised: Thursday, May 28, 2009