H.B. 389

1

DEPUTY SHERIFFS MERIT SYSTEM
2 AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Perry L. Buckner
6 AN ACT RELATING TO COUNTIES; EXPANDING THE MATTERS THAT CAN BE
7 h [ PROTECTED ] APPEALED h TO THE MERIT SYSTEM COMMISSION; AND MAKING
7a TECHNICAL
8 CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17-30-19, as enacted by The People Nov. 8, 1960, Laws of Utah 1960
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-30-19 is amended to read:
14 17-30-19. Disciplinary charges and officer grievances -- Appeal to commission --
15 Hearing -- Findings.
16 [Upon] (1) Each person who orders the demotion, reduction in pay, suspension, or
17 discharge of a merit system officer for any cause set forth in Section 17-30-18 [, the person ordering
18 the demotion, reduction in pay, suspension, or discharge] shall:
19 (a) file written charges with the commission[,]; and [shall]
20 (b) serve the officer with a copy [thereof] of the written charges. [In the absence of an
21 appeal, copies of such charges shall not be made public without the consent of the charged officer.
22 The]
23 (2) (a) (i) An officer who is the subject of charges under Subsection (1) may, within ten
24 days after service of the charges, [may] appeal in writing to the commission.
25 (ii) In the absence of an appeal, a copy of the charges under Subsection (1) may not be
26 made public without the consent of the officer charged.
27 h [ (b) An officer who has a workplace grievance may file the grievance with the commission ] h

28 h [ as soon as reasonably practicable after the occurrence of the incident that gives rise to the
29 grievance. ]
29a (b) IF AN OFFICER FILES A GRIEVANCE, AS DEFINED BY THE COMMISSION, AND
29b EXHAUSTS ALL INTERNAL GRIEVANCE PROCEDURES, IF ANY, THE OFFICER MAY, WITHIN TEN
29c DAYS AFTER RECEIVING NOTICE OF THE FINAL DISPOSITION OF THE GRIEVANCE, FILE AN
29d APPEAL WITH THE COMMISSION. h
30 (3) (a) The commission shall:
31 (i) fix a time and place for a hearing upon the charges[, which shall not be less than five
32 nor more than twenty days after appeal is filed,] or h APPEAL OF THE h officer grievance; and
33 (ii) give notice of [which shall be given] the hearing to the parties.
34 (b) h [ Each ] (i) EXCEPT AS PROVIDED IN SUBSECTION (3)(b)(ii), EACH h hearing under this
34a Subsection (3) shall be held not less than h [ five ] TEN h and not more
35 than h [ 20 ] h [ 30 ] 90
35a h h days after an appeal or grievance is filed.
35a h (ii) A HEARING MAY BE HELD MORE THAN 90 DAYS AFTER AN APPEAL OR GRIEVANCE IS
35b FILED IF:
35c (A) THE OFFICER AND EMPLOYER AGREE; OR
35d (B) FOR GOOD CAUSE THE COMMISSION SO ORDERS. h
36 (4) (a) If the aggrieved officer so desires, the hearing shall be public[, and the].
37 (b) The parties may be represented by counsel at the hearing.
38 (5) After the hearing the commission shall make its decision in writing, including [therein]
39 findings of fact, and shall mail a copy to each party.




Legislative Review Note
as of 2-7-00 3:05 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel