PEACE OFFICER MERIT AMENDMENTS
Amendment 1 March 7, 2014 8:09 AM
Representative Brad L. Dee
proposes the following amendments:
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(1) The appointing authority of a county or police interlocal
subject to this
chapter that regularly employs one or more peace officers shall:
(a) appoint a peace officer with the advice and consent of the county legislative body
interlocal entity governing body
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(3) A peace officer appointed
on or after
May 13, 2014, is considered to have been
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(1) In accordance with this section and rules adopted by the commission, an applicant
disqualified if the applicant:
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(4) An applicant may file a written appeal regarding the application process with the
at any time before the date of the exam
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(1) A peace officer appointed under Section
shall serve a
period of 12 consecutive months, during which time the officer may be discharged at the sole
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(2) A merit system officer may be
reassigned, including to another class and grade, in
accordance with rules adopted by the commission.
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For merit system officers, provisions regarding vacation, sick, other leave, or any other
employment condition or benefit not covered by this chapter shall be established by
county ordinance or regulation
(c) police interlocal entity rule or regulation
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17-30a-314. Prohibitions against political activities -- Penalties.
(1) (a) As used in this Subsection (1), "person" means:
(i) an employee of a department;
(ii) a member of a department governing body;
(iii) an appointing authority;
(iv) a merit system officer; and
(v) a peace officer.
(b) A person is guilty of a misdemeanor if the person appoints, promotes, transfers,
demotes, suspends, discharges, or changes the amount of compensation of a merit system
(c) A person is guilty of a misdemeanor if the person seeks, aids, abets, promises or
threatens the appointment, promotion, transfer, demotion, suspension, discharge, or change in
the amount of compensation as a condition or result of a merit system officer giving,
withholding, or neglecting to make a contribution to or provide service for a political purpose.
(d) Except as provided in Subsection (2), a person is guilty of a misdemeanor if the
person solicits, directly or indirectly, a contribution or service for a political purpose from a
merit system officer.
(1)(a) An officer, employee, or member of a governing body of a county or a police interlocal
entity, whether elected or appointed, may not directly or indirectly coerce, command, or advise a merit
system officer to pay, lend, or contribute part of the officer's salary or compensation or anything else of
value to a party, committee, organization, agency, or person for political purpose.
(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.
(2) Subsection (1)
does not apply to political speeches or use of mass
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(5) The commission may hear appeals regarding demotion, reduction in pay,
suspension, or discharge of a merit system officer for any cause provided in Section
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(11) In resolving an appeal, the commission may sustain
, modify, or
vacate a decision of
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17-30a-404. Appeal to
Court of Appeals
-- Scope of review.
(1) A party may appeal to the district court the commission's final decision regarding
disciplinary charges under Section
(2) (a) The court:
(i) shall conduct its review on the record of the hearing held by the commission; and
(ii) may affirm or overturn the ruling.
(b) The district court shall overturn the commission only if the commission's decision
is arbitrary or capricious.
(3) An appeal to the district court shall be made within 30 days after the commission's
(1) A person may appeal a final action or order of the commission to the Court of Appeals for
(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.
is enacted to read:
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