House of Representatives
State of Utah
March 7, 2014
The Law Enforcement and Criminal Justice Committee reports a favorable recommendation on
H.B. 433, PEACE OFFICER MERIT AMENDMENTS, by Representative B. Dee, with the following
1. Page 7, Lines 190 through 192 :
190 (1) The appointing authority of a county or police interlocal
subject to this
191 chapter that regularly employs one or more peace officers shall:
192 (a) appoint a peace officer with the advice and consent of the county legislative body
2. Page 7, Line 201 :
201 (3) A peace officer appointed
on or after
May 13, 2014, is
considered to have been
3. Page 11, Lines 330 through 331 :
330 (1) In accordance with this section and rules adopted by the commission, an applicant
disqualified if the applicant:
4. Page 12, Lines 341 through 342 :
341 (4) An applicant may file a written appeal regarding the application process with the
5. Page 13, Lines 385 through 386 :
385 (1) A peace officer appointed under Section
shall serve a probationary
386 period of 12 consecutive months, during which time the officer may be discharged at the sole
6. Page 15, Lines 432 through 433 :
432 (2) A merit system officer may be
433 accordance with rules adopted by the commission.
7. Page 16, Lines 475 through 477 :
475 For merit system officers, provisions regarding vacation, sick, other leave, or any other
476 employment condition or benefit not covered by this chapter shall be established by
(c) police interlocal entity rule or regulation
8. Page 16, Line 479 through Page 17, Line 496 :
479 17-30a-314. Prohibitions against political activities -- Penalties.
(1) (a) As used in this Subsection (1), "person" means:
481 (i) an employee of a department;
482 (ii) a member of a department governing body;
483 (iii) an appointing authority;
484 (iv) a merit system officer; and
485 (v) a peace officer.
486 (b) A person is guilty of a misdemeanor if the person appoints, promotes, transfers,
487 demotes, suspends, discharges, or changes the amount of compensation of a merit system
489 (c) A person is guilty of a misdemeanor if the person seeks, aids, abets,
490 threatens the appointment, promotion, transfer, demotion, suspension, discharge, or change in
491 the amount of compensation as a condition or result of a merit system officer giving,
492 withholding, or neglecting to make a contribution to or provide service for a political purpose.
493 (d) Except as provided in Subsection (2), a person is guilty of a misdemeanor if the
494 person solicits, directly or indirectly, a contribution or service for a political purpose from a
495 merit system officer. }
(b) A county or police interlocal entity officer, employee, or member of a governing body, whether elected or appointed, may not make or attempt to make a merit system officer's personnel status dependent upon the officer's support or lack of support for a political party, committee, organization, agency, or person engaged in a political activity.
496 (2) Subsection (1)
does not apply to political speeches or use of mass
9. Page 18, Lines 541 through 543 :
541 (5) The commission may hear appeals regarding demotion, reduction in pay,
542 suspension, or discharge of a merit system officer for any cause provided in Section
10. Page 19, Lines 564 through 565 :
564 (11) In resolving an appeal, the commission may sustain
, modify, or
vacate a decision of the
565 appointing authority.
11. Page 19, Lines 569 through 579 :
569 17-30a-404. Appeal to
Court of Appeals
-- Scope of
(1) A party may appeal to the district court the commission's final decision
571 disciplinary charges under Section 17-30a-403 .
572 (2) (a) The court:
573 (i) shall conduct its review on the record of the hearing held by the commission; and
574 (ii) may affirm or overturn the ruling.
575 (b) The district court shall overturn the commission only if the commission's decision
576 is arbitrary or capricious.
577 (3) An appeal to the district court shall be made within 30 days after the commission's
578 written decision. }
(2) A person shall file a notice of appeal within 30 days of the issuance of the final action or order of the commission.
(3) The Court of Appeals shall base its review on the record of the commission and for the purpose of determining if the commission has abused its discretion or exceeded its authority.
579 Section 32. Section 17-30a-501 is enacted to read:
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