2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding a sheriff.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ updates outdated language;
14 ▸ amends the composition of the merit system commission to include members who a
15 sheriff appoints;
16 ▸ clarifies a sheriff's professional duties with which a county legislative body and
17 county executive may not directly interfere;
18 ▸ removes the ability of a county legislative body to prescribe to a sheriff the manner
19 in which the sheriff cares for prisoners;
20 ▸ clarifies a sheriff's authority;
21 ▸ allows a sheriff to appoint outside legal counsel under certain conditions;
22 ▸ allows a sheriff to contract to provide the sheriff's services and requires a county
23 legislative body to appropriate revenue from the contract to the sheriff's budget;
24 ▸ allows a sheriff to take certain action within the sheriff's budget during a budget
25 year without approval from the budget officer or county legislative body; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 17-16-7, as last amended by Laws of Utah 2001, Chapter 241
34 17-22-2, as last amended by Laws of Utah 2017, Chapter 459
35 17-22-2.5, as last amended by Laws of Utah 2011, Chapters 67 and 340
36 17-22-5.5, as last amended by Laws of Utah 2014, Chapter 120
37 17-22-8, as last amended by Laws of Utah 2011, Chapter 64
38 17-22-31, as enacted by Laws of Utah 2014, Chapter 333
39 17-30-2, as last amended by Laws of Utah 2014, Chapter 366
40 17-30-7, as enacted by Statewide Initiative A, Nov. 8, 1960
41 17-30-9, as enacted by Statewide Initiative A, Nov. 8, 1960
42 17-30-11, as last amended by Laws of Utah 2007, Chapter 149
43 17-30-17, as enacted by Statewide Initiative A, Nov. 8, 1960
44 17-30-18, as enacted by Statewide Initiative A, Nov. 8, 1960
45 17-30-19, as last amended by Laws of Utah 2000, Chapter 151
46 17-30-21, as enacted by Statewide Initiative A, Nov. 8, 1960
47 17-30-24, as last amended by Laws of Utah 1993, Chapter 227
48 17-30a-102, as enacted by Laws of Utah 2014, Chapter 366
49 17-30a-202, as enacted by Laws of Utah 2014, Chapter 366
50 17-36-22, as last amended by Laws of Utah 2009, Chapter 186
51 17-53-106, as last amended by Laws of Utah 2002, Chapters 11 and 185
52 53-13-105, as last amended by Laws of Utah 2016, Chapter 300
53 ENACTS:
54 17-22-32, Utah Code Annotated 1953
55 17-22-33, Utah Code Annotated 1953
56 REPEALS AND REENACTS:
57 17-30-1, as last amended by Laws of Utah 2009, Chapter 218
58 17-30-3, as last amended by Laws of Utah 2009, Chapter 218
59 17-30-5, as last amended by Laws of Utah 1993, Chapter 227
60 17-30-8, as last amended by Laws of Utah 2011, Chapter 297
61 17-30-10, as enacted by Statewide Initiative A, Nov. 8, 1960
62 17-30-12, as enacted by Statewide Initiative A, Nov. 8, 1960
63 17-30-15, as enacted by Statewide Initiative A, Nov. 8, 1960
64 17-30-16, as enacted by Statewide Initiative A, Nov. 8, 1960
65 17-30-20, as enacted by Statewide Initiative A, Nov. 8, 1960
66 17-30-22, as last amended by Laws of Utah 2011, Chapter 297
67 REPEALS:
68 17-33-16, as enacted by Laws of Utah 2008, Chapter 172
69
70 Be it enacted by the Legislature of the state of Utah:
71 Section 1. Section 17-16-7 is amended to read:
72 17-16-7. Deputies and employees -- Appointments -- County legislative body
73 consent power -- Liability of principal -- Deputy may serve despite vacancy in office of
74 appointing officer.
75 (1) (a) [
76 including an elected county executive, except a county commissioner or county council
77 member, may, with the consent of the county legislative body, appoint deputies and employees
78 as necessary for the discharge of the duties of the officer's office.
79 (b) The county legislative body's consent power under Subsection (1)(a) shall be
80 defined in county ordinance and may include consent by:
81 (i) the budget approval process;
82 (ii) approval of an allocation of a certain number of positions; or
83 (iii) approval or disapproval of the hiring of individual applicants.
84 (c) A county legislative body may by ordinance delegate to the county executive the
85 authority to consent to the appointment of deputies and employees under this Subsection (1).
86 (d) A sheriff may, in accordance with Chapter 30, Deputy Sheriffs - Merit System, or
87 Chapter 30a, Peace Officer Merit System in Counties of the First Class Act, appoint deputies
88 and employees without the consent of the county legislative body as necessary for the discharge
89 of the sheriff's duties under this title.
90 (2) If the county clerk performs district court clerk functions, the legislative body of that
91 county shall provide the clerk with deputies and employees for the business of the district
92 courts as considered necessary and advisable by the judge or judges of the district court,
93 consistent with the level of funding for clerk services from the court administrator's office.
94 (3) (a) Each officer appointing a deputy shall, for each deputy appointed, file a signed
95 writing with the county clerk that memorializes the appointment.
96 (b) The officer appointing the deputy is liable for all official acts of the deputy.
97 (c) If the office of the officer who appointed the deputy becomes vacant, the deputy
98 may continue to serve despite the vacancy.
99 Section 2. Section 17-22-2 is amended to read:
100 17-22-2. Sheriff -- General duties.
101 (1) The sheriff shall:
102 (a) preserve the peace;
103 (b) make all lawful arrests;
104 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
105 required or when the court is held within [
106 court commissioner and referee sessions held within [
107 orders and directions, and comply with the court security rule, Rule 3-414, of the Utah Code of
108 Judicial Administration;
109 [
110
111
112 (d) upon request of the juvenile court:
113 (i) aid the court in maintaining order during hearings; and
114 (ii) (A) transport a minor to and from public youth corrections facilities, other public
115 institutions, or other public designated places; or
116 (B) if the sheriff negotiates and executes a contract with a private provider of youth
117 correctional facilities, transport a minor to and from the provider's facilities, institutions, or
118 other designated places;
119 (e) attend county justice courts if the judge finds that the matter before the court
120 requires the sheriff's attendance for security, transportation, and escort of jail prisoners in [
121 the sheriff's custody, or for the custody of jurors;
122 (f) command the aid of as many inhabitants of [
123 sheriff considers necessary in the execution of these duties;
124 (g) take charge of and keep the county jail and the jail prisoners;
125 (h) receive and safely keep all persons committed to [
126 preserve the commitments of those persons, and record the name, age, place of birth, and
127 description of each person committed;
128 (i) release on the record all attachments of real property when the attachment [
129 sheriff receives has been released or discharged;
130 (j) endorse on all process and notices the year, month, day, hour, and minute of
131 reception, and, upon payment of fees, issue a certificate to the person delivering process or
132 notice showing the names of the parties, title of paper, and the time of receipt;
133 (k) serve all process and notices as prescribed by law;
134 (l) if [
135 notices the manner, time, and place of service, or, if [
136 certify the reason upon the process or notice, and return them without delay;
137 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
138 land within [
139 (n) perform as required by any contracts between the county and private contractors for
140 management, maintenance, operation, and construction of county jails entered into under the
141 authority of Section 17-53-311;
142 (o) for the sheriff of a county that enters into an interlocal agreement for law
143 enforcement service under Title 11, Chapter 13, Interlocal Cooperation Act, provide law
144 enforcement service as provided in the interlocal agreement;
145 [
146 (p) manage search and rescue services in the sheriff's county and emergency medical
147 services in the unincorporated portion of the sheriff's county;
148 (q) obtain saliva DNA specimens as required under Section 53-10-404;
149 (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
150 detention, or search of any person when the action is solely motivated by considerations of
151 race, color, ethnicity, age, or gender;
152 (s) create a child protection unit, as defined in Section 62A-4a-101, if the sheriff
153 determines that creation of a child protection unit is warranted; and
154 (t) perform any other duties that are required by law.
155 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
156 subsection under Subsection (1) is a class A misdemeanor.
157 (3) A county may not execute a contract with a private entity to provide the services
158 required by Subsection (1) without the advice and consent of the sheriff.
159 [
160 (i) "Police interlocal entity" [
161 defined in [
162 (ii) "Police local district" [
163 a local district, as that term is defined in Section 17B-1-102:
164 (A) where the legislative body of a county of the first class, alone or with one or more
165 other legislative bodies, adopted a resolution under Section 17B-1-203 to initiate the creation
166 of the police local district; and
167 (B) that provides law enforcement service to an area that includes the unincorporated
168 portion of a county.
169 (b) A sheriff in a county which includes within its boundary a police local district or
170 police interlocal entity, or both:
171 (i) serves as the chief executive officer of each police local district and police interlocal
172 entity within the county with respect to the provision of law enforcement service within the
173 boundary of the police local district or police interlocal entity, respectively; and
174 (ii) is subject to the direction of the police local district board of trustees or police
175 interlocal entity governing body, as the case may be, as and to the extent provided by
176 agreement between the police local district or police interlocal entity, respectively, and the
177 sheriff.
178 (c) If a police interlocal entity or police local district enters an interlocal agreement
179 with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
180 service, the sheriff:
181 (i) does not serve as the chief executive officer of any interlocal entity created under
182 that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
183 executive officer; and
184 (ii) shall provide law enforcement service under that interlocal agreement as provided
185 in the agreement.
186 Section 3. Section 17-22-2.5 is amended to read:
187 17-22-2.5. Fees of sheriff.
188 [
189
190 (1) (a) Notwithstanding the amounts stated in Subsections (2) through (7), a county
191 legislative body, with the advice and consent of the sheriff, may establish a fee for the sheriff's
192 services described in Subsections (2) through (7):
193 (i) in an ordinance adopted under Section 17-53-223; and
194 (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
195 the service.
196 (b) If the county legislative body [
197 fee [
198 accordance with Subsections (2) through (7).
199 (2) Unless [
200 a fee [
201 sheriff shall charge the following fees:
202 (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
203 complaint, or garnishee execution, or other process by which an action or proceeding is
204 commenced, on each defendant, including copies when furnished by plaintiff, $20;
205 (b) for taking or approving a bond or undertaking in any case in which he is authorized
206 to take or approve a bond or undertaking, including justification, $5;
207 (c) for a copy of any writ, process or other paper when demanded or required by law,
208 for each folio, 50 cents;
209 (d) for serving an attachment on property, or levying an execution, or executing an
210 order of arrest or an order for the delivery of personal property, including copies when
211 furnished by plaintiff, $50;
212 (e) for taking and keeping possession of and preserving property under attachment or
213 execution or other process, the amount the court orders to a maximum of $15 per day;
214 (f) for advertising property for sale on execution, or any judgment, or order of sale,
215 exclusive of the cost of publication, $15;
216 (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
217 of acknowledgment, $15, to be paid by the grantee;
218 (h) for recording each deed, conveyance, or other instrument affecting real estate,
219 exclusive of the cost of recording, $10, to be paid by the grantee;
220 (i) for serving a writ of possession or restitution, and putting any person entitled to
221 possession into possession of premises, and removing occupant, $50;
222 (j) for holding each trial of right of property, to include all services in the matter,
223 except mileage, $35;
224 (k) for conducting, postponing, or canceling a sale of property, $15;
225 (l) for taking a prisoner in civil cases from prison before a court or magistrate, for each
226 mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;
227 (m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
228 court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
229 miles, $2.50;
230 (n) for receiving and paying over money on execution or other process, as follows:
231 (i) if the amount collected does not exceed $1,000, 2% of this amount, with a
232 minimum of $1; and
233 (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
234 balance; and
235 (o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
236 (3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
237 shall be collected from the judgment debtor as part of the execution in the same manner as the
238 sum directed to be made.
239 (4) When serving an attachment on property, an order of arrest, or an order for the
240 delivery of personal property, the sheriff may only collect traveling fees for the distance
241 actually traveled beyond the distance required to serve the summons if the attachment or those
242 orders:
243 (a) accompany the summons in the action; and
244 (b) may be executed at the time of the service of the summons.
245 (5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
246 the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
247 mile necessarily traveled, in going only, computed from the courthouse for each person served,
248 to a maximum of 100 miles.
249 (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
250 receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
251 traveled, in going only, computed from the post office where received for each person served,
252 to a maximum of 100 miles.
253 (b) The sheriff may only charge one mileage fee if any two or more papers are required
254 to be served in the same action or proceeding at the same time and at the same address.
255 (c) If it is necessary to make more than one trip to serve any notice, order, process, or
256 other paper, the sheriff may not collect more than two additional mileage charges.
257 (6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
258 mental health facility, as defined in Section 62A-15-602, when the cost of transportation is
259 payable by private individuals, the sheriff may collect, except as otherwise provided under
260 Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
261 miles.
262 (b) If the sheriff requires assistance to transport the person, the sheriff may also charge
263 the actual and necessary cost of that assistance.
264 (7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
265 Section 53-10-404, the sheriff shall collect the fee of $100 in accordance with Section
266 53-10-404.
267 (b) The fee amount described in Subsection (7)(a) may not be changed by a county
268 legislative body under Subsection (1).
269 Section 4. Section 17-22-5.5 is amended to read:
270 17-22-5.5. Sheriff's classification of jail facilities -- Maximum operating capacity
271 of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding
272 release.
273 (1) (a) Except as provided in Subsection (4), a [
274 (i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail
275 facility under the sheriff's control;
276 (ii) the nature of each program conducted at a jail facility under the sheriff's control;
277 and
278 (iii) the internal operation of a jail facility under the sheriff's control.
279 (b) (i) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
280 applicable zoning ordinance or conditional use permit of the county or municipality.
281 (ii) A county or municipal land use authority may not prohibit the alteration or
282 expansion of a jail facility if the alteration or expansion is required to comply with a federal or
283 state regulation or law.
284 (2) Except as provided in Subsection (4), each [
285 (a) [
286 capacity for each jail facility under the sheriff's control, based on facility design and staffing;
287 and
288 (b) upon a jail facility reaching its maximum operating capacity:
289 (i) transfer prisoners to another appropriate facility:
290 (A) under the sheriff's control; or
291 (B) available to the sheriff by contract;
292 (ii) release prisoners:
293 (A) to a supervised release program, according to release criteria established by the
294 sheriff; or
295 (B) to another alternative incarceration program developed by the sheriff; or
296 (iii) admit prisoners in accordance with law and a uniform admissions policy imposed
297 equally upon all entities using the county jail.
298 (3) (a) The sheriff shall keep records of the release status and the type of release
299 program or alternative incarceration program for any prisoner released under Subsection
300 (2)(b)(ii).
301 (b) The sheriff shall make these records available upon request to the Department of
302 Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
303 (4) This section may not be construed to authorize a sheriff to modify provisions of a
304 contract with the Department of Corrections to house in a county jail persons sentenced to the
305 Department of Corrections.
306 Section 5. Section 17-22-8 is amended to read:
307 17-22-8. Care of prisoners -- Funding of services -- Private contractor.
308 (1) Except as provided in Subsection (3), the sheriff shall:
309 (a) receive all [
310 (b) provide [
311
312 (c) provide medical care when:
313 (i) the [
314 (ii) the [
315 alleviated; and
316 (iii) the potential for harm to the [
317 medical care would be substantial.
318 (2) The expense incurred in providing these services to prisoners shall be paid from the
319 county treasury, except as provided in Section 17-22-10.
320 [
321
322
323 (3) If the county executive contracts with a private contractor to provide the services
324 required by this section:
325 (a) the county executive may not execute the contract without the sheriff's advice and
326 consent; and
327 (b) the sheriff shall provide only those services that the contract requires of the sheriff.
328 Section 6. Section 17-22-31 is amended to read:
329 17-22-31. Authority of a sheriff.
330 (1) Within the boundaries of the county in which the sheriff is elected, the sheriff has:
331 (a) primary authority over any unincorporated areas within the boundaries of the
332 county; and
333 (b) concurrent authority with police officers who have authority within the boundaries
334 of each respective municipality within the county.
335 (2) The sheriff is the primary law enforcement authority of state law on federal land
336 except as otherwise assigned by law to the authority of a state or municipal law enforcement
337 agency.
338 (3) This section is not a limitation of a sheriff's statewide authority as otherwise
339 provided by law.
340 Section 7. Section 17-22-32 is enacted to read:
341 17-22-32. Sheriff may appoint legal counsel.
342 (1) A sheriff may appoint an attorney to advise and represent the sheriff in accordance
343 with this section.
344 (2) An attorney whom a sheriff appoints under this section:
345 (a) serves at the pleasure of the sheriff;
346 (b) except as provided in Subsection (2)(c), may not perform any of the functions of a
347 county attorney or district attorney under this title; and
348 (c) may represent the sheriff in a case or controversy before a court or administrative
349 agency or tribunal when a conflict exists that precludes the county attorney or district attorney
350 from representing the sheriff.
351 Section 8. Section 17-22-33 is enacted to read:
352 17-22-33. Contract for a sheriff's services -- Appropriation of contract funds.
353 (1) As used in this section, "public entity" means the same as that term is defined in
354 Title 17B, Chapter 1, Part 1, General Provisions.
355 (2) A sheriff may enter into a contract with a person or public entity to provide, for
356 consideration, the sheriff's services described in this chapter.
357 (3) Unless a sheriff otherwise consents, a county legislative body may only appropriate
358 funds received by a sheriff under a contract described in this section to the sheriff's budget.
359 Section 9. Section 17-30-1 is repealed and reenacted to read:
360 17-30-1. Definitions.
361 (1) "Appointing sheriff" means the sheriff of a county having jurisdiction over a peace
362 officer.
363 (2) "Commission" means the merit system commission appointed in accordance with
364 Section 17-30-3.
365 (3) "Merit system officer" means a peace officer appointed in accordance with Section
366 17-30-10.
367 (4) "Peace officer" means a paid deputy sheriff or law enforcement officer, other than a
368 chief deputy or other exempt appointed officer designated by an appointing sheriff, who is in
369 the continuous employ of an appointing sheriff.
370 Section 10. Section 17-30-2 is amended to read:
371 17-30-2. Application -- Deputy sheriff's merit system in certain counties.
372 (1) (a) This chapter applies to a county with a population of at least 20,000 people.
373 [
374 as defined in Section 11-13-103, in which a county of the first class is a party to an interlocal
375 agreement to provide law enforcement service.
376 [
377
378
379
380
381
382
383 [
384
385
386
387 [
388 implement a deputy sheriff's merit system if approved by the county legislative body or the
389 people of the county through referendum or initiative.
390 Section 11. Section 17-30-3 is repealed and reenacted to read:
391 17-30-3. Establishment of merit system commission -- Appointment,
392 qualifications, and compensation of members.
393 (1) (a) The county legislative body of each county with a population of at least 20,000
394 people shall establish a merit system commission consisting of five members appointed as
395 follows:
396 (i) three members appointed by the county legislative body, no more than two of whom
397 shall be members of the same political party; and
398 (ii) two members appointed by the appointing sheriff.
399 (b) A commission member appointed under Subsection (1)(a) shall serve a six-year
400 term.
401 (c) The county legislative body and the appointing sheriff shall, at the time of
402 appointment:
403 (i) adjust the length of a commission member's term to ensure that the terms of
404 commission members are staggered so that approximately half of the commission is appointed
405 every three years; and
406 (ii) ensure that each commission member:
407 (A) is a resident of the state;
408 (B) for at least five years preceding the date on which the member is appointed, is a
409 resident of the county over which the commission has jurisdiction; and
410 (C) does not hold an office or employment with the county over which the commission
411 has jurisdiction.
412 (d) (i) Upon the expiration of the term of a commission member that a county
413 legislative body appointed under Subsection (1)(a)(i), the county legislative body shall appoint
414 a successor for a six-year term.
415 (ii) Upon the expiration of the term of a commission member that an appointing sheriff
416 appointed under Subsection (1)(a)(ii), the appointing sheriff shall appoint a successor for a
417 six-year term.
418 (e) If a commission member's position is vacant for a cause other than expiration of the
419 member's term, a county legislative body or an appointing sheriff, depending on who appointed
420 the commission member whose position is vacant, shall appoint a new member to fulfill the
421 remaining portion of the vacated term.
422 (2) The county legislative body may compensate a commission member for service on
423 the commission and reimburse the member for necessary expenses incurred in the performance
424 of the member's duties in accordance with Section 11-55-103.
425 Section 12. Section 17-30-5 is repealed and reenacted to read:
426 17-30-5. Organization of commission -- Support -- Offices -- Job classification
427 plan.
428 (1) The commission members shall select one member as chair.
429 (2) The commission shall adopt rules addressing the commission's internal
430 organization and procedures.
431 (3) (a) To enable the commission to fulfill the commission's duties under this chapter, a
432 county legislative body shall:
433 (i) assign sufficient human resources staff to support the commission; and
434 (ii) provide suitable accommodations, supplies, and equipment to the commission as
435 needed.
436 (b) With consent of the commission, a county legislative body may assign other staff to
437 support the commission.
438 (4) (a) In accordance with Subsection (4)(b), the commission shall create a
439 comprehensive job classification plan covering all merit system officers who the appointing
440 sheriff employs.
441 (b) The commission shall ensure that the plan described in Subsection (4)(a):
442 (i) places all positions requiring substantially the same duties and qualifications in the
443 same classification;
444 (ii) includes minimum physical and educational qualifications of the applicants for
445 each position; and
446 (iii) provides standards for promotion.
447 (c) If an appointing sheriff creates a new position, the commission shall classify the
448 new position and amend the classification plan accordingly.
449 Section 13. Section 17-30-7 is amended to read:
450 17-30-7. Disqualification of applicant for examination -- Appeal to commission.
451 (1) The commission shall disqualify an applicant for examination who:
452 (a) does not meet advertised qualifications[
453 (b) has been convicted of a criminal offense [
454 the public service[
455 (c) has practiced or attempted deception or fraud [
456 examination[
457 (d) is not a citizen of the United States.
458 (2) If an applicant is rejected, [
459 applicant by mail at [
460 (3) At any time [
461 (a) correct a defect in [
462 (b) appeal to the commission in writing [
463 process.
464 Section 14. Section 17-30-8 is repealed and reenacted to read:
465 17-30-8. Preservation and inspection of examination papers.
466 (1) (a) An applicant's examination papers and related documents are the property of the
467 commission.
468 (b) The commission shall:
469 (i) preserve any examination papers and related documents until the expiration of the
470 eligible register for which an examination is given; and
471 (ii) adopt a retention schedule for the preservation of examination papers and related
472 documents after the time period described in Subsection (1)(b)(i).
473 (2) (a) An applicant's examination papers and related documents are not open to public
474 inspection without a court order.
475 (b) An appointing sheriff may inspect the examination papers and related documents of
476 each eligible applicant that the commission certifies for appointment in accordance with
477 Section 17-30-10.
478 (c) An applicant may inspect the applicant's own examination papers and related
479 documents at any time within 30 days after the day on which the commission sends notice of
480 the applicant's grade.
481 Section 15. Section 17-30-9 is amended to read:
482 17-30-9. Preparation and expiration of eligible appointment register.
483 (1) Upon completion of an examination, the commission shall prepare an eligible
484 appointment register containing the names of all [
485 in the order of grades earned, beginning with the highest.
486 [
487
488
489
490 (2) (a) Except as provided in Subsection (2)(b), an eligible appointment register expires
491 no later than two calendar years after the day on which an examination is completed.
492 (b) The commission may, in accordance with the commission's rules, extend the
493 expiration time period described in Subsection (2)(a) for one additional calendar year.
494 (3) If the commission adopts a new eligible appointment register, the previous register
495 for the same class or position expires.
496 Section 16. Section 17-30-10 is repealed and reenacted to read:
497 17-30-10. Appointments from eligible appointment register -- Failure to accept
498 appointment.
499 (1) Before appointing a merit system officer, an appointing sheriff shall request that the
500 commission certify eligible applicants for the position in accordance with Subsection (2).
501 (2) The commission shall certify the names of the three applicants standing highest on
502 the eligible appointment register described in Section 17-30-9.
503 (3) Upon receiving the certified names described in Subsection (2), an appointing
504 sheriff shall select and appoint one person to the open position.
505 (4) (a) If a certified applicant fails to accept a proffered appointment, the applicant may
506 request in writing that the applicant retain the applicant's place on the eligible appointment
507 register.
508 (b) An applicant making a request under Subsection (4)(a) may retain the applicant's
509 place on the eligible appointment register if the applicant provides reasons sufficient, in the
510 judgment of the commission, to justify the applicant's failure to accept the appointment.
511 Section 17. Section 17-30-11 is amended to read:
512 17-30-11. Probationary period of appointment.
513 (1) (a) [
514 probationary period of 12 consecutive months from the day on which an appointing sheriff
515 appoints the officer, during which time [
516 discretion of the appointing [
517 [
518 probationary period [
519
520 satisfactorily completed an approved peace officer training program and [
521 certificate of completion[
522 Act.
523 (c) Service under a temporary or part-time appointment is not considered a part of the
524 probationary period.
525 [
526
527 [
528
529 (2) If a peace officer is retained in a position after the expiration of the officer's
530 probationary period, the officer's retention constitutes appointment to merit status.
531 [
532 the officer's probationary period, the commission may not [
533 eligible appointment register again [
534 regular examination.
535 (4) The commission may adopt rules governing probationary periods for other
536 appointments, including the appointing or transferring of an officer from another jurisdiction.
537 Section 18. Section 17-30-12 is repealed and reenacted to read:
538 17-30-12. Vacancies -- Positions requiring special qualifications -- Competition
539 suspended -- Promotion -- Promotional register.
540 (1) The commission may, after a public hearing and by unanimous vote, suspend
541 competition regarding a vacant position if:
542 (a) the vacancy occurs in a position requiring peculiar and exceptional qualifications of
543 a scientific, professional, or expert character; and
544 (b) the commission makes a finding, based upon substantial evidence, that competition
545 is impracticable and the position can be best filled by the selection of a designated person who
546 possesses the qualifications described in Subsection (1)(a).
547 (2) The commission shall report, in the commission minutes, a suspension of
548 competition described in Subsection (1), together with the reason for the suspension.
549 (3) With the exception of an appointment made in accordance with a commission rule,
550 an appointing sheriff shall fill a supervisor vacancy in the merit system classification by
551 promotion whenever possible.
552 (4) (a) An appointing sheriff shall make a promotion only after an open, competitive
553 examination, admission to which the commission shall limit to merit system officers.
554 (b) The commission shall ensure that the examination described in Subsection (4)(a)
555 includes consideration of the merit system officer's seniority and competence to perform the
556 duties of the position for which the officer applies.
557 (c) The seniority element of the examination described in Subsection (4)(b) may not
558 exceed 40% of the entire examination score.
559 (5) (a) After an examination described in Subsection (4), the commission shall prepare
560 and certify a promotional register that shall take precedence over any previously existing
561 register.
562 (b) The commission shall ensure that the certified promotional register described in
563 Subsection (5)(a) consists of three names for the initial vacancy and one name for each
564 additional vacancy, ranked in the order of the examination score, beginning with the highest
565 scoring applicant.
566 Section 19. Section 17-30-15 is repealed and reenacted to read:
567 17-30-15. Emergency appointment.
568 (1) Except as provided in Subsection (2), an appointing sheriff may make an
569 emergency appointment for a period not exceeding seven days if:
570 (a) a person from an eligible appointment, promotion, or reappointment register is not
571 immediately available to accept the appointment; and
572 (b) the position is necessary to expedite the public business.
573 (2) An appointing sheriff may, with consent of the commission, extend the emergency
574 appointment described in Subsection (1) for a period not exceeding seven days from the day on
575 which the original emergency appointment expires.
576 Section 20. Section 17-30-16 is repealed and reenacted to read:
577 17-30-16. Temporary layoffs -- Reappointment register.
578 (1) Subject to Subsections (2) and (3), and if necessary due to lack of funds or work, an
579 appointing sheriff may temporarily lay off a merit system officer.
580 (2) An appointing sheriff who lays off a merit system officer under Subsection (1) shall
581 lay off the officer according to seniority of the officers of the class of positions affected, in
582 accordance with the process prescribed by commission rule.
583 (3) An appointing sheriff shall lay off a person serving under temporary or part-time
584 appointment before a merit system officer.
585 (4) (a) If an appointing sheriff lays off a merit system officer, the appointing sheriff
586 shall place the officer on a reappointment register to be reappointed in the inverse order in
587 which the officer is laid off.
588 (b) The reappointment register described in Subsection (4)(a) takes precedence over all
589 eligible reappointment registers.
590 Section 21. Section 17-30-17 is amended to read:
591 17-30-17. Leave of absence -- Sick leaves and vacations.
592 (1) (a) [
593 commission, may grant [
594 not to exceed one calendar year. [
595 (b) If a merit system officer on leave takes a higher position in police work [
596 that does not come under the merit system provisions of this act, [
597
598 may renew the leave.
599 (c) [
600 deputy, [
601 the officer remains sheriff or chief deputy. [
602
603 (d) An appointing sheriff shall allow a merit system officer to return to the officer's
604 former position upon termination of the officer's leave of absence granted under this section.
605 [
606 (2) Applicable law or county ordinance or regulation governs a merit system officer's
607 sick leave or vacation with pay.
608 Section 22. Section 17-30-18 is amended to read:
609 17-30-18. Disciplinary charges -- Grounds.
610 [
611
612 (1) An appointing sheriff may order a demotion, reduction in pay, suspension, or
613 discharge of a merit system officer for:
614 (a) neglect of duty;
615 (b) disobedience of a reasonable order;
616 (c) misconduct;
617 (d) inefficiency[
618 (e) any act [
619 (2) [
620 system officer for more than 30 days at one time[
621 calendar year. [
622
623 Section 23. Section 17-30-19 is amended to read:
624 17-30-19. Disciplinary charges -- Appeal to commission -- Hearing -- Findings.
625 (1) [
626
627 described in Section 17-30-18 shall:
628 (a) file written charges with the commission; and
629 (b) serve the merit system officer with a copy of the written charges.
630 (2) (a) (i) [
631 (1) may, within 10 days after [
632 officer with the charges, appeal in writing to the commission.
633 (ii) In the absence of an appeal, [
634
635 [
636 (b) If an officer files a grievance, as defined by the commission, and exhausts all
637 internal grievance procedures, if any, the officer may, within 10 days after receiving notice of
638 the final disposition of the grievance, file an appeal with the commission.
639 (3) (a) The commission shall:
640 (i) fix a time and place for a hearing upon the charges or appeal of the officer
641 grievance; and
642 (ii) give notice of the hearing to the parties.
643 (b) (i) Except as provided in Subsection (3)(b)(ii), each hearing under this Subsection
644 (3) shall be held not less than 10 and not more than 90 days after an appeal or grievance is
645 filed.
646 (ii) A hearing may be held more than 90 days after an appeal or grievance is filed if:
647 (A) the officer and employer agree; or
648 (B) for good cause the commission so orders.
649 (4) (a) If the aggrieved officer so desires, the hearing shall be public.
650 (b) The parties may be represented by counsel at the hearing.
651 (5) After [
652
653 decision, including findings of fact, to each party.
654 Section 24. Section 17-30-20 is repealed and reenacted to read:
655 17-30-20. Appeal to district court -- Scope of review.
656 (1) Within 30 days after the day on which a commission issues a final action or order,
657 an aggrieved person may appeal the final action or order to the district court for review for
658 abuse of discretion.
659 (2) The district court shall base the court's review described in Subsection (1) on the
660 record of the commission.
661 Section 25. Section 17-30-21 is amended to read:
662 17-30-21. Power of commission members to administer oaths and subpoena
663 witnesses -- Rights of, and fees for, witnesses.
664 (1) (a) [
665 duties [
666 documents.
667 (b) If a person refuses to or fails to obey a subpoena [
668 commission member issues, the district court may, upon application [
669 commission member, compel obedience [
670 [
671
672
673 (2) (a) A witness in a proceeding before the commission is subject to all the rights,
674 privileges, duties, and penalties of a witness in courts of record.
675 (b) The commission shall pay a witness fee equivalent to the witness fee paid for a
676 court of record.
677 Section 26. Section 17-30-22 is repealed and reenacted to read:
678 17-30-22. Prohibitions against political activities -- Penalties.
679 (1) (a) Except as provided in Subsection (1)(b), a peace officer, employee, or member
680 of a county legislative body, whether elected or appointed, for political purpose, may not
681 directly or indirectly coerce, command, or advise a merit system officer to pay, lend, or
682 contribute part of the officer's salary, compensation, or anything else of value to a party,
683 committee, organization, agency, or person.
684 (b) Subsection (1)(a) does not apply to political speeches or use of mass
685 communications media for political purposes by a person where a merit system officer is
686 present, unless the purpose and intent of the speaker is to violate this section with direct respect
687 to that merit system officer.
688 (c) A person who violates this Subsection (1) is guilty of a misdemeanor.
689 (2) (a) Except as provided in Subsection (2)(b), a merit system officer may not:
690 (i) engage in political activity or solicit political contributions from another merit
691 system officer during the hours of the officer's employment; or
692 (ii) use the officer's employer's resources at any time for political purposes.
693 (b) Subsection (2)(a) does not preclude a voluntary contribution by a merit system
694 officer to the party or candidate of the officer's choice.
695 Section 27. Section 17-30-24 is amended to read:
696 17-30-24. More than one chief deputy in larger county departments.
697 In [
698 the appointing [
699
700 Section 28. Section 17-30a-102 is amended to read:
701 17-30a-102. Definitions.
702 (1) "Appointing authority" means the county sheriff or the chief executive officer of a
703 police interlocal entity.
704 (2) "Commission" means the merit system commission [
705 appointed in accordance with Section 17-30a-202.
706 (3) "Department" means a county sheriff's office or a police interlocal entity.
707 (4) "Legislative body" means the county legislative body or the governing body of the
708 police interlocal entity.
709 (5) "Merit system officer" means a peace officer who has merit status as defined in this
710 chapter.
711 (6) "Peace officer" means a paid deputy sheriff or law enforcement officer, other than a
712 chief deputy or other exempt appointed officer designated by the appointing authority, who is
713 in the continuous employ of the appointing authority.
714 (7) "Police interlocal entity" means an interlocal entity, as defined in Section
715 11-13-103, created:
716 (a) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a
717 county of the first class is a party; and
718 (b) to provide law enforcement service to an area that includes the unincorporated part
719 of the county.
720 Section 29. Section 17-30a-202 is amended to read:
721 17-30a-202. Establishment of merit commission -- Appointment, qualifications,
722 and compensation of members.
723 (1) (a) Except as provided in Subsection (1)(b), a county legislative body subject to this
724 chapter shall establish a merit system commission consisting of [
725 members:
726 (i) two members appointed by the legislative body of the county; [
727 (ii) one member appointed by the governing body of a police interlocal entity[
728 (iii) two members appointed by the county sheriff.
729 (b) If there is no police interlocal entity within the county, the county legislative body
730 shall appoint [
731 (1)(a)(ii).
732 (c) No more than [
733 members of the same political party.
734 [
735
736
737 (d) (i) The county legislative body shall, at the time of appointment, adjust the length
738 of terms to ensure that the terms of commission members are staggered so that approximately
739 half of the commission is appointed every three years.
740 (ii) For a term subsequent to a term described in Subsection (1)(d)(i), a commission
741 member shall hold a term of six years.
742 (e) If an appointed position described in Subsection (1)(a) or (b) is vacated for a cause
743 other than expiration of the member's term, the position is filled by appointment for the
744 unexpired portion of the term only.
745 (2) A member of the commission:
746 (a) shall be a resident of the state;
747 (b) for at least five years preceding the date of appointment a resident of:
748 (i) the county; or
749 (ii) if applicable, the area served by the police interlocal entity from which appointed;
750 and
751 (c) may not hold another office or employment with the county or, if applicable, in a
752 municipality served by the police interlocal entity for which the member is appointed.
753 (3) The county legislative body or interlocal entity governing body may compensate a
754 member for service on the commission and reimburse the member for necessary expenses
755 incurred in the performance of the member's duties.
756 Section 30. Section 17-36-22 is amended to read:
757 17-36-22. Transfer of unexpended appropriation balance by department.
758 (1) (a) [
759 officer and in accordance with budgetary and fiscal policies or ordinances adopted by the
760 county legislative body, any department may:
761 [
762 from one expenditure account to another within the department during the budget year; or
763 [
764 (b) A sheriff may, within the sheriff's budget, transfer any balance or incur an excess
765 expenditure as described in Subsection (1)(a) without review or approval by the budget officer
766 or the county legislative body.
767 (2) A transfer or expenditure under Subsection (1) may not occur if the transfer or
768 expenditure would cause the total of all excess expenditures or encumbrances to exceed the
769 total unused appropriation within the department at the close of the budget period.
770 Section 31. Section 17-53-106 is amended to read:
771 17-53-106. Supervision of county elected officers -- Legislative body and
772 executive may examine and audit accounts and conduct investigation.
773 (1) As used in this section, "professional duties" means a county elected officer's
774 functions, duties, and responsibilities specifically provided for by law and includes:
775 (a) the exercise of professional judgment and discretion reasonably related to the
776 officer's required functions, duties, and responsibilities; [
777 (b) the management of deputies and other employees under the supervision of the
778 elected officer under statute or county ordinance, policy, or regulation[
779 (c) notwithstanding Subsections (1)(a) and (b), for a sheriff, the functions, duties, and
780 responsibilities described in Chapter 22, Sheriff, including management of the sheriff's budget
781 and personnel.
782 (2) (a) A county legislative body and a county executive each:
783 (i) subject to Subsection (2)(c), may generally direct and supervise all elected county
784 officers and employees to ensure compliance with general county administrative ordinances,
785 rules, or policies;
786 (ii) may not direct or supervise other elected county officers or their sworn deputies
787 with respect to the performance of the professional duties of the officers or deputies;
788 (iii) may examine and audit the accounts of all county officers having the care,
789 management, collection, or distribution of money belonging to the county, appropriated to the
790 county, or otherwise available for the county's use and benefit; and
791 (iv) may investigate any matter pertaining to a county officer or to the county or its
792 business or affairs, and may require the attendance of witnesses and take evidence in any such
793 investigation.
794 (b) In an investigation under Subsection (2)(a)(iv):
795 (i) the county executive or any member of the county legislative body may issue
796 subpoenas and administer oaths to witnesses; and
797 (ii) if the county legislative body appoints members of the legislative body as a
798 committee and confers on the committee power to hear or take evidence, the committee shall
799 have the same power as the full county legislative body.
800 (c) A county legislative body or county executive may not direct a sheriff to comply
801 with a general county administrative ordinance, rule, or policy that directly interferes with the
802 sheriff's execution of the sheriff's professional duties, including management of the sheriff's
803 budget and personnel.
804 (3) Nothing in this section may be construed to prohibit the county executive or county
805 legislative body from initiating an action for removal or prosecution of an elected county
806 officer as provided by statute.
807 Section 32. Section 53-13-105 is amended to read:
808 53-13-105. Special function officer.
809 (1) (a) "Special function officer" means a sworn and certified peace officer performing
810 specialized investigations, service of legal process, security functions, or specialized ordinance,
811 rule, or regulatory functions.
812 (b) "Special function officer" includes:
813 (i) state military police;
814 (ii) constables;
815 (iii) port-of-entry agents as defined in Section 72-1-102;
816 (iv) authorized employees or agents of the Department of Transportation assigned to
817 administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
818 (v) school district security officers;
819 (vi) Utah State Hospital security officers designated pursuant to Section 62A-15-603;
820 (vii) Utah State Developmental Center security officers designated pursuant to
821 Subsection 62A-5-206(8);
822 (viii) fire arson investigators for any political subdivision of the state;
823 (ix) ordinance enforcement officers employed by municipalities or counties may be
824 special function officers;
825 (x) employees of the Department of Natural Resources who have been designated to
826 conduct supplemental enforcement functions as a collateral duty;
827 (xi) railroad special agents deputized by a county sheriff under [
828
829 Peace Officer Merit System in Counties of the First Class Act, or appointed pursuant to Section
830 56-1-21.5;
831 (xii) auxiliary officers, as described by Section 53-13-112;
832 (xiii) special agents, process servers, and investigators employed by city attorneys;
833 (xiv) criminal tax investigators designated under Section 59-1-206; and
834 (xv) all other persons designated by statute as having special function officer authority
835 or limited peace officer authority.
836 (2) (a) A special function officer may exercise that spectrum of peace officer authority
837 that has been designated by statute to the employing agency, and only while on duty, and not
838 for the purpose of general law enforcement.
839 (b) If the special function officer is charged with security functions respecting facilities
840 or property, the powers may be exercised only in connection with acts occurring on the
841 property where the officer is employed or when required for the protection of the employer's
842 interest, property, or employees.
843 (c) A special function officer may carry firearms only while on duty, and only if
844 authorized and under conditions specified by the officer's employer or chief administrator.
845 (3) (a) A special function officer may not exercise the authority of a peace officer until:
846 (i) the officer has satisfactorily completed an approved basic training program for
847 special function officers as provided under Subsection (4); and
848 (ii) the chief law enforcement officer or administrator has certified this fact to the
849 director of the division.
850 (b) City and county constables and their deputies shall certify their completion of
851 training to the legislative governing body of the city or county they serve.
852 (4) (a) The agency that the special function officer serves may establish and maintain a
853 basic special function course and in-service training programs as approved by the director of
854 the division with the advice and consent of the council.
855 (b) The in-service training shall consist of no fewer than 40 hours per year and may be
856 conducted by the agency's own staff or by other agencies.
857 Section 33. Repealer.
858 This bill repeals:
859 Section 17-33-16, Appointment of more than one chief deputy or undersheriff.
860 Section 34. Effective date.
861 If approved by two-thirds of all the members elected to each house, this bill takes effect
862 upon approval by the governor, or the day following the constitutional time limit of Utah
863 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
864 the date of veto override.
Legislative Review Note
Office of Legislative Research and General Counsel