1     
LOCAL LAW ENFORCEMENT STRUCTURE AND

2     
GOVERNANCE AMENDMENTS

3     
2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Paul Ray

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Senate Sponsor: Don L. Ipson

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8     LONG TITLE
9     General Description:
10          This bill prohibits a municipality from establishing a board or committee with certain
11     powers over a police chief.
12     Highlighted Provisions:
13          This bill:
14          ▸     prohibits a municipality from establishing a board or committee with certain powers
15     over a police chief;
16          ▸     establishes limitations on a municipality's power to establish a board or committee
17     that relates to the provision of law enforcement services; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-3-910, as enacted by Laws of Utah 1977, Chapter 48
26          10-3-913, as last amended by Laws of Utah 2017, Chapter 459
27          10-3-918, as last amended by Laws of Utah 2003, Chapter 292
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 10-3-910 is amended to read:
31          10-3-910. Heads of departments and subordinate officers.
32          (1) The administration of the police and fire departments shall consist of a chief of
33     [the] each department and [such] other officers, members, employees and agents [as the board
34     of commissioners may by ordinance prescribe, and the board of commissioners] as provided by
35     ordinance or statute.
36          (2) The [shall appoint the] heads of [such] the police and fire departments shall be
37     appointed in accordance with Title 10, Chapter 3b, Forms of Municipal Government.
38          Section 2. Section 10-3-913 is amended to read:
39          10-3-913. Authority of chief of police -- Oversight.
40          (1) The chief of police has the same authority as the sheriff within the boundaries of
41     the municipality of appointment. The chief has authority to:
42          (a) suppress riots, disturbances, and breaches of the peace;
43          (b) apprehend all persons violating state laws or city ordinances;
44          (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
45     peace, good order, and protection of the rights and property of all persons;
46          (d) attend the municipal justice court located within the city when required, provide
47     security for the court, and obey its orders and directions; and
48          (e) create a child protection unit, as defined in Section 62A-4a-101.
49          (2) This section is not a limitation of a police chief's statewide authority as otherwise
50     provided by law.
51          (3) The chief of police shall[, on or before January 1, 2003,] adopt a written policy that
52     prohibits the stopping, detention, or search of any person when the action is solely motivated
53     by considerations of race, color, ethnicity, age, or gender.
54          (4) (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not
55     establish a board, committee, or other entity that:
56          (i) has authority independent of the chief of police; and
57          (ii) (A) has authority to overrule a hiring or appointment proposal of the chief of
58     police;
59          (B) is required to review or approve a police department's rules, regulations, policies,
60     or procedures in order for the rules, regulations, policies, or procedures to take effect;
61          (C) has authority to veto a new policy, or strike down an existing policy, established
62     under the authority of the chief of police;
63          (D) is required to review or approve a police department's budget in order for the
64     budget to take effect; or
65          (E) has authority to review or approve a contract the police department makes with a
66     police union or other organization.
67          (b) Nothing in this Subsection (4):
68          (i) limits the authority the Utah Code provides over the chief of police;
69          (ii) prohibits the municipal council or chief executive officer from taking a lawful
70     action described in Subsection (4)(a)(ii) that is allowed by law; or
71          (iii) limits the authority of a civil service commission established in accordance with
72     Title 10, Chapter 3, Part 10, Civil Service Commission.
73          (5) Subject to Subsection (4), a municipality may establish a board, committee, or other
74     entity that relates to the provision of law enforcement services and that has authority
75     independent of the chief of police if the municipality:
76          (a) directly appoints the board, committee, or other entity's members; and
77          (b) provides direct oversight of the board, committee, or other entity.
78          Section 3. Section 10-3-918 is amended to read:
79          10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
80     town.
81          [The] Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of
82     the third, fourth, or fifth class or town:
83          (1) shall:
84          (a) exercise and perform the duties that are prescribed by the legislative body;
85          (b) be under the direction, control, and supervision of the person or body that appointed
86     the chief or marshal; and
87          (c) [on or before January 1, 2003,] adopt a written policy that prohibits the stopping,
88     detention, or search of any person when the action is solely motivated by considerations of
89     race, color, ethnicity, age, or gender; and
90          (2) may, with the consent of the person or body that appointed the chief or marshal,
91     appoint assistants to the chief of police or marshal.