reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 3 - Establishment of merit system commission -- Appointment, qualifications, and compensation of members.

Effective 2/27/2023
17-30-3.
Establishment of merit system commission -- Appointment, qualifications, and compensation of members.
(1)
(a) Each county with a population of 20,000 or more shall establish a merit system commission consisting of three members appointed as provided in Subsection (1)(b).
(b)
(i) As used in this Subsection (1)(b):
(A) "Police interlocal entity" means an interlocal entity, as defined in Section 11-13-103, that is created:
(I) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a county of the first class is a party; and
(II) to provide law enforcement service to an area that includes the unincorporated part of the county.
(B) "Police special district" means a special district, as defined in Section 17B-1-102:
(I) whose creation was initiated by the adoption of a resolution under Section 17B-1-203 by the legislative body of a county of the first class, alone or with one or more other legislative bodies; and
(II) that is created to provide law enforcement service to an area that includes the unincorporated part of the county.
(ii) For a county in which a police interlocal entity is created, whether or not a police special district is also created in the county:
(A) two members shall be appointed by the legislative body of the county; and
(B) one member shall be appointed by the governing body of the interlocal entity.
(iii) For a county in which a police special district is created but in which a police interlocal entity has not been created:
(A) two members shall be appointed by the legislative body of the county; and
(B) one member shall be appointed by the board of trustees of the police special district.
(iv) For each other county, all three members shall be appointed by the county legislative body.
(c) Not more than two members of the commission shall be affiliated with or members of the same political party.
(d) Of the original appointees, one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment, and one each for terms ending two and four years thereafter.
(e) Upon the expiration of any of the terms, a successor shall be appointed for a full term of six years.
(f) Appointment to fill a vacancy resulting other than from expiration of term shall be for the unexpired portion of the term only.
(2) Members of a commission shall be citizens of the state, shall have been residents of the area embraced by the governmental unit from which appointed not less than five years next preceding the date of appointment, and shall hold no other office or employment under the governmental unit for which appointed.
(3) The county legislative body may compensate a member for service on the commission and reimburse the member for necessary expenses incurred in the performance of the member's duties.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 4 - General duty of commission.

17-30-4.
General duty of commission.
The commission shall be responsible for carrying out the provisions of this act, and shall make all necessary rules and regulations, not in conflict with the provisions hereof, as may be necessary for that purpose.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 5 - Organization of commission -- Secretary -- Offices -- Job classification plan.

17-30-5.
Organization of commission -- Secretary -- Offices -- Job classification plan.
Each merit system commission shall be organized by its members who shall select one member as chairman and shall have assigned to it by the county legislative body, a qualified employee of the county to act as secretary. Such employee shall be acceptable to the commission and shall act and serve as secretary without additional compensation unless the county legislative body so specifies. The county legislative body shall provide suitable accommodations, supplies and equipment as needed to enable the commission to attend to its business. The commission shall formulate a comprehensive job classification plan covering all peace officers of the governmental unit. The plan shall place all positions requiring substantially the same duties and qualifications in the same classification and shall include minimum physical and educational qualifications of the applicants for each position, and provide standards for promotion. The commission shall adopt a classification plan which shall be the basis of the administration of this act until changed with the approval of the commission. In the event a new position is created and approved by the governing body, such position shall automatically be classified and become a part of the classification plan.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 6 - Examinations -- How prepared, conducted, and graded -- Notice of examination.

17-30-6.
Examinations -- How prepared, conducted, and graded -- Notice of examination.
(1)
(a) When necessary, the commission shall give competitive examinations to determine the qualification of applicants for positions as peace officers.
(b) The examinations shall be practical in character and shall relate to matters that will fairly test the mental and physical ability and knowledge of the applicants to discharge the duties of the positions.
(c) The examinations shall be prepared, conducted, and graded under the direction of the commission, or by impartial special examiners if the commission finds it necessary.
(2)
(a) Notice of examination shall be:
(i)
(A) published one time not less than 15 days before the examination in a newspaper of general circulation in the area concerned; and
(B) published, in accordance with Section 45-1-101, for 15 days before the examination; and
(ii) posted in a conspicuous place in the office of the department concerned.
(b) The notice shall set forth minimum and maximum wages, physical and educational requirements, and passing grades, which shall be not less than 70%.
(c) A person completing an examination shall be promptly notified by mail at his last known address of his final grade.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 7 - Disqualification of applicant for examination -- Appeal to commission.

Effective 5/28/2021
17-30-7.
Disqualification of applicant for examination -- Appeal to commission.
(1) The commission shall disqualify an applicant for examination who:
(a) does not meet advertised qualifications;
(b) has been convicted of a criminal offense inimical to the public service, or involving moral turpitude;
(c) has practiced or attempted deception or fraud in the applicant's application or examination, or in securing eligibility for appointment; or
(d) is not:
(i) a citizen of the United States; or
(ii) a lawful permanent resident of the United States who:
(A) has been in the United States legally for the five years immediately before the day on which the application is made; and
(B) has legal authorization to work in the United States.
(2) If an applicant is rejected, the applicant shall be notified by mail at the applicant's last known address.
(3) At any time before the day on which the examination is held, an applicant may correct a defect in the applicant's application, or appeal in writing to the commission.
Amended by Chapter 13, 2021 Special Session 1
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 8 - Preservation and inspection of examination papers.

17-30-8.
Preservation and inspection of examination papers.
All examination papers shall remain the property of the commission, and shall be preserved until the expiration of the eligible register for the preparation of which an examination is given. Examination papers are not open to public inspection without court order, but an applicant may inspect the applicant's own papers at any time within 30 days after the mailing of notice of the applicant's grade. The appointing authority may inspect the papers of any eligible applicant certified for appointment.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 9 - Preparation and expiration of eligible register.

17-30-9.
Preparation and expiration of eligible register.
(1) Upon completion of an examination the commission shall prepare an eligible register containing the names of all persons receiving a passing grade in the order of grades earned, beginning with the highest.
(2) An eligible register shall expire not later than two years after the date of the examination unless the commission, for good reason, shall extend the time not to exceed one additional year. The promulgation of a new eligible register shall automatically cancel all previous registers for the same class or position.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 10 - Appointments from eligible register -- Failure to accept appointment.

17-30-10.
Appointments from eligible register -- Failure to accept appointment.
(1) When a peace officer is to be appointed, the appointing authority shall request the merit system commission to certify three eligible applicants for the position. The commission shall thereupon certify to the appointing authority the names of the three applicants standing highest on the eligible register. The appointing authority shall select and appoint one of the persons so certified.
(2) In the event a certified person fails to accept a proffered appointment, he may, at his request, retain his place on the eligible register if he submits in writing reasons sufficient in the judgment of the commission to justify such failure.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 11 - Probationary period of appointment.

17-30-11.
Probationary period of appointment.
(1) Any peace officer appointed under Section 17-30-10 shall serve a probationary period of 12 consecutive months, during which time he may be discharged by the appointing authority.
(2) The probationary period shall be extended beyond the 12 months under Subsection (1) as necessary for an officer who has not yet satisfactorily completed an approved peace officer training program and also received a certificate of completion, under Title 53, Chapter 6, Peace Officer Standards and Training Act.
(3)
(a) Continuance in the position after the expiration of the probationary period constitutes a permanent appointment.
(b) Service under a temporary or emergency appointment is not considered as part of the probationary period.
(4) A person removed during the probationary period may not be placed on the eligible register again without having passed another regular examination.
Amended by Chapter 149, 2007 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 12 - Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotional register.

17-30-12.
Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotional register.
(1) In case of vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person of recognized attainments the board may, after public hearing and by the affirmative vote of all members suspend competition, and all such cases of suspension shall be reported together with the reason therefor, in the annual reports of the commission.
(2) Vacancies occurring in the merit system classification of any county shall be filled by promotion insofar as possible. A promotion shall be made only after an open competitive examination, admission to which shall be limited to merit system officers. Such examination shall include an average of service ratings for the next preceding year, a rating of seniority, and test the competence of the peace officer to perform the duties required in the position for which application is made. The combined weights of service rating and seniority shall be not more than 40% of the whole examination. Succeeding vacancies shall also be filled by promotion until the lowest grade is reached, which grade shall then be filled from the eligible list as herein set forth.
(3) After a promotional examination, the commission shall prepare a promotional register which shall take precedence over an eligible register. Certification therefrom shall be made in the same manner as from an eligible register.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 14 - Temporary appointment.

17-30-14.
Temporary appointment.
A temporary appointment for a period not exceeding 60 days may be made, pending examination, when there is no eligible, promotion, or re-employment register in existence.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 15 - Emergency appointment.

17-30-15.
Emergency appointment.
An emergency appointment may be made for a period not exceeding seven days, and with the consent of the commission may be extended one time for an additional period of not to exceed seven days, in the event an eligible person is not immediately available from the eligible, promotion, or re-employment register and the work to be performed is necessary to expedite the public business.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 16 - Temporary layoffs -- Re-employment register.

17-30-16.
Temporary layoffs -- Re-employment register.
When necessary because of lack of funds or work an officer may, with the approval of the commission, be temporarily laid off. Such layoff shall be made according to the lowest rating of the officers of the class of position affected, calculated upon seniority under a method prescribed by the commission. A person serving under temporary or emergency appointment shall be laid off before any merit system officer. A merit system officer who is laid off shall be placed upon a re-employment register to be re-employed in the inverse order in which he is laid off, which register shall take precedence over all eligible registers.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 17 - Leave of absence -- Sick leaves and vacations.

17-30-17.
Leave of absence -- Sick leaves and vacations.
(1) The appointing authority, with the approval of the commission, may grant an officer a leave of absence without pay for a period not to exceed one year. In the event an officer on leave takes a higher position in police work which does not come under the merit system provisions of this act, the leave may, with the consent of the commission, be renewed. In the event an officer is elected sheriff, or is appointed chief deputy, he shall automatically be placed on leave for the period of time he remains sheriff or chief deputy. Upon the termination of a leave of absence, the officer shall be returned to his former position.
(2) Sick leaves and vacations with pay shall be as provided by law or ordinance.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 18 - Demotion, reduction in pay, suspension or discharge -- Grounds -- How made.

17-30-18.
Demotion, reduction in pay, suspension or discharge -- Grounds -- How made.
(1) A merit system officer holding a permanent appointment may be demoted, reduced in pay, suspended, or discharged for:
(a) neglect of duty;
(b) disobedience of a reasonable order;
(c) misconduct;
(d) inefficiency, or inability to satisfactorily perform assigned duties;
(e) any act inimical to the public service.
(2) No officer shall be suspended for more than 30 days at one time, nor more than 60 days in one year. Demotion, reduction in pay, suspension, or discharge shall be made upon order of the appointing authority.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 19 - Disciplinary charges and officer grievances -- Appeal to commission -- Hearing -- Findings.

17-30-19.
Disciplinary charges and officer grievances -- Appeal to commission -- Hearing -- Findings.
(1) Each person who orders the demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause set forth in Section 17-30-18 shall:
(a) file written charges with the commission; and
(b) serve the officer with a copy of the written charges.
(2)
(a)
(i) An officer who is the subject of charges under Subsection (1) may, within 10 days after service of the charges, appeal in writing to the commission.
(ii) In the absence of an appeal, a copy of the charges under Subsection (1) may not be made public without the consent of the officer charged.
(b) If an officer files a grievance, as defined by the commission, and exhausts all internal grievance procedures, if any, the officer may, within 10 days after receiving notice of the final disposition of the grievance, file an appeal with the commission.
(3)
(a) The commission shall:
(i) fix a time and place for a hearing upon the charges or appeal of the officer grievance; and
(ii) give notice of the hearing to the parties.
(b)
(i) Except as provided in Subsection (3)(b)(ii), each hearing under this Subsection (3) shall be held not less than 10 and not more than 90 days after an appeal or grievance is filed.
(ii) A hearing may be held more than 90 days after an appeal or grievance is filed if:
(A) the officer and employer agree; or
(B) for good cause the commission so orders.
(4)
(a) If the aggrieved officer so desires, the hearing shall be public.
(b) The parties may be represented by counsel at the hearing.
(5) After the hearing the commission shall make its decision in writing, including findings of fact, and shall mail a copy to each party.
Amended by Chapter 151, 2000 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 20 - Appeal to district court -- Scope of review.

17-30-20.
Appeal to district court -- Scope of review.
A person aggrieved by an act or failure to act of any merit system commission under this act may appeal to the district court, if he has exhausted his remedies of appeal to the commission. The courts may review questions of law and fact and may affirm, set aside, or modify the ruling complained of.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 21 - Power of commission members to administer oaths and subpoena witnesses -- Rights of, and fees for, witnesses.

17-30-21.
Power of commission members to administer oaths and subpoena witnesses -- Rights of, and fees for, witnesses.
(1) Any member of a commission, in performance of his duties as such, shall have power to administer oaths and subpoena witnesses and documents. If a person refuses to [or] fails to obey a subpoena issued by a commissioner, the district court may, upon application of a commissioner, compel obedience as in like cases before the district court.
(2) Witnesses in proceedings before a commission shall be subject to all the rights, privileges, duties and penalties of witnesses in courts of record, and shall be paid the same fees, as an expense of the commission.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 22 - Prohibitions against political activities -- Penalties.

Effective 5/8/2018
17-30-22.
Prohibitions against political activities -- Penalties.
(1) Any employee of a governmental unit or member of a governing body, or appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend, discharge or change the amount of compensation of any merit system officer or seek, aid or abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the amount of compensation of any merit system officer, or promise or threaten to do so, for giving, withholding, or neglecting to make any contributions or any service for any political purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit system officer, is guilty of a class B misdemeanor. This section does not apply to political speeches or use of mass communications media for political purposes by persons not merit system officers even though merit system officers may be present or within the reach of such media unless the purpose and intent is to violate this section with direct respect to those officers.
(2) No merit system officer may engage in any political activity during the hours of employment, nor shall any person solicit political contributions from merit system officers during hours of employment for political purposes; but nothing in this section shall preclude voluntary contributions by a merit system officer to the party or candidate of the officer's choice.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 23 - Severability of provisions -- Duty of commission to provide for unspecified activities.

17-30-23.
Severability of provisions -- Duty of commission to provide for unspecified activities.
If any section or provision of this act is declared unconstitutional or void, the fact of such holding shall in no wise affect those sections and provisions not held unconstitutional or void and which can be retained in effect without the provision declared unconstitutional and void, and it shall be the duty of the merit service commission to provide by rule for the operation and functioning of any activity within the purpose and spirit of the act which may be or may become necessary and proper and which is not specifically provided hereby.
Enacted by Statewide Initiative A, Nov. 8, 1960
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 24 - More than one chief deputy in larger county departments.

17-30-24.
More than one chief deputy in larger county departments.
In counties employing more than 100 full time uniformed peace officers, the appointing authority, with the consent of the merit commission and the county legislative body, may appoint more than one chief deputy or undersheriff.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/13/2014
17-30a-101.
Title.
(1) This chapter is known as "Peace Officer Merit System in Counties of the First Class Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/13/2014
17-30a-102.
Definitions.
(1) "Appointing authority" means the county sheriff or the chief executive officer of a police interlocal entity.
(2) "Commission" means the merit system commission consisting of three persons appointed in accordance with Section 17-30a-202.
(3) "Department" means a county sheriff's office or a police interlocal entity.
(4) "Legislative body" means the county legislative body or the governing body of the police interlocal entity.
(5) "Merit system officer" means a peace officer who has merit status as defined in this chapter.
(6) "Peace officer" means a paid deputy sheriff or law enforcement officer, other than a chief deputy or other exempt appointed officer designated by the appointing authority, who is in the continuous employ of the appointing authority.
(7) "Police interlocal entity" means an interlocal entity, as defined in Section 11-13-103, created:
(a) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a county of the first class is a party; and
(b) to provide law enforcement service to an area that includes the unincorporated part of the county.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 1 - General Provisions › Section 103 - Application.

Effective 5/13/2014
17-30a-103.
Application.
This chapter applies to a county of the first class or a police interlocal entity in which a county of the first class is a party to an interlocal agreement to provide law enforcement service.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 1 - General Provisions › Section 104 - Subordinate officers appointed, reappointed -- Officers serving on effective date considered qualified.

Effective 5/13/2014
17-30a-104.
Subordinate officers appointed, reappointed -- Officers serving on effective date considered qualified.
(1) The appointing authority of a county or police interlocal entity 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 or police interlocal entity governing body, subject to the rules and regulations of the commission;
(b) appoint each subordinate peace officer;
(c) fill a vacancy in the department; and
(d) further promote, transfer, reassign, reappoint, demote, suspend, or remove a peace officer in accordance with the provisions of this chapter.
(2) The commission shall adopt rules governing the appointment of peace officers through reappointment of a former employee who separated in good standing, within one year after separation.
(3) A peace officer appointed before May 13, 2014, is considered to have been appointed to and hold the officer's position and classification pursuant to the provisions of this chapter.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 202 - Establishment of merit commission -- Appointment, qualifications, and compensation of members.

Effective 5/13/2014
17-30a-202.
Establishment of merit commission -- Appointment, qualifications, and compensation of members.
(1)
(a) Except as provided in Subsection (1)(b), a county subject to this chapter shall establish a merit system commission consisting of three appointed members:
(i) two members appointed by the legislative body of the county; and
(ii) one member appointed by the governing body of a police interlocal entity.
(b) If there is no police interlocal entity within the county, the county legislative body shall appoint all three members of a commission described in Subsection (1)(a).
(c) No more than two members of the commission may be affiliated with or members of the same political party.
(d)
(i) Of the original appointees described in Subsection (1)(a) or (b), one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment, and one each for terms ending two and four years thereafter.
(ii) For a term subsequent to a term described in Subsection (1)(d), a commission member shall hold a term of six years.
(e) If an appointed position described in Subsection (1)(a) or (b) is vacated for a cause other than expiration of the member's term, the position is filled by appointment for the unexpired portion of the term only.
(2) A member of the commission:
(a) shall be a resident of the state;
(b) for at least five years preceding the date of appointment a resident of:
(i) the county; or
(ii) if applicable, the area served by the police interlocal entity from which appointed; and
(c) may not hold another office or employment with the county or, if applicable, in a municipality served by the police interlocal entity for which the member is appointed.
(3) The county legislative body or interlocal entity governing body may compensate a member for service on the commission and reimburse the member for necessary expenses incurred in the performance of the member's duties.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 203 - General duty of commission.

Effective 5/13/2014
17-30a-203.
General duty of commission.
(1) The commission:
(a) is responsible for carrying out the provisions of this chapter; and
(b) shall make necessary rules and regulations to govern the merit system in accordance with this chapter, including:
(i) adopting merit rules regarding:
(A) appointments and registers;
(B) examinations;
(C) promotions;
(D) reassignments;
(E) reappointments;
(F) disciplinary grievance procedures;
(G) administrative reviews;
(H) recognition of the equivalency of another merit system for the purpose of appointing a peace officer from another agency; and
(I) reductions in force;
(ii) adopting a rule regarding the preparation of a job classification plan; and
(iii) adopting rules necessary for the efficient management of the merit system not specifically enumerated above and not inconsistent with this chapter or applicable law.
(2) Upon the request of the appointing authority and after conducting a public hearing, the commission may temporarily suspend a rule if the suspension is necessary for the proper enforcement of this chapter.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 204 - Organization of commission -- Support -- Offices.

Effective 5/13/2014
17-30a-204.
Organization of commission -- Support -- Offices.
(1) The members of the commission shall select one member as chair.
(2) The commission shall adopt rules concerning its internal organization and procedures.
(3)
(a) The county sheriff or the chief executive of the police interlocal entity:
(i) shall assign human resources staff sufficient to perform the commission's support duties; and
(ii) may assign other staff to the commission with the consent of the commission.
(b) The county or police interlocal entity shall provide suitable accommodations, supplies, and equipment as needed to enable the commission to attend to its business.
(c) The county sheriff or chief executive of the police interlocal entity may, in accordance with the contracting process established by the county or police interlocal entity, contract support services to third parties.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 205 - Comprehensive job classification plan.

Effective 5/13/2014
17-30a-205.
Comprehensive job classification plan.
(1) The commission shall formulate a comprehensive job classification plan covering all merit system officers employed by the sheriff or by the police interlocal entity.
(2) The plan shall:
(a) place all positions requiring substantially the same duties and qualifications in the same classification;
(b) include minimum physical and educational qualifications of the applicants for each position; and
(c) provide standards for promotion.
(3) In the event a new position is created and approved, the commission shall classify the position in the classification plan.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 206 - Oaths and subpoenas -- Witnesses.

Effective 5/13/2014
17-30a-206.
Oaths and subpoenas -- Witnesses.
(1)
(a) A member of the commission, in performance of commission duties, may administer oaths and subpoena witnesses and documents.
(b) If a person refuses to or fails to obey a subpoena issued by a commissioner, the district court may, upon application by a commissioner, compel obedience.
(2)
(a) A witness in a proceeding before the commission is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record.
(b) The commission shall pay a witness fee equivalent to those paid for a court of record.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 2 - Merit System Commission Powers and Duties › Section 207 - Duty of commission to provide for unspecified activities.

Effective 5/13/2014
17-30a-207.
Duty of commission to provide for unspecified activities.
The commission may provide by rule for the operation and functioning of an activity within the purpose and spirit of this chapter if the activity is necessary and proper and not otherwise prohibited by law.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 302 - Examinations -- How prepared, conducted, and graded -- Notice of examination.

Effective 5/13/2014
17-30a-302.
Examinations -- How prepared, conducted, and graded -- Notice of examination.
(1)
(a) If necessary, the commission shall give a competitive examination to determine the qualification of an applicant for a position as a merit system officer.
(b) The commission shall ensure that an examination:
(i) is practical in character; and
(ii) relates to matters that fairly test the mental and physical ability and knowledge of an applicant to discharge the duties of the position.
(c)
(i) Except as provided in Subsection (1)(c)(ii), the commission shall direct the preparation, administration, and grading of the examination.
(ii) The commission may direct an impartial special examiner to prepare, administer, and grade the examination on behalf of the commission.
(2)
(a) The commission shall publish notice of an examination internally and to the public.
(b)
(i) The commission shall design the notice described in Subsection (2)(a) to encourage an applicant to participate in competitive appointments.
(ii) The notice shall set forth minimum qualifications, pay scale, physical and educational requirements, and passing grades.
(c) The commission or the commission's designee shall promptly notify a person of the person's final grade.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 303 - Disqualification of applicant for examination -- Appeal to commission.

Effective 5/28/2021
17-30a-303.
Disqualification of applicant for examination -- Appeal to commission.
(1) In accordance with this section and rules adopted by the commission, an applicant may be disqualified if the applicant:
(a) does not meet minimum qualifications;
(b) has been convicted of a criminal offense inimical to the public service or involving moral turpitude;
(c) has practiced or attempted deception or fraud in the application or examination process or in securing eligibility for appointment; or
(d) is not:
(i) a citizen of the United States; or
(ii) a lawful permanent resident of the United States who:
(A) has been in the United States legally for the five years immediately before the day on which the application is made; and
(B) has legal authorization to work in the United States.
(2) If an applicant is rejected, the applicant shall be promptly notified.
(3) At any time before the day on which the examination is held, an applicant may correct a defect in the applicant's application.
(4) An applicant may file a written appeal regarding the application process with the commission at any time before the day on which the examination is held.
Amended by Chapter 13, 2021 Special Session 1
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 304 - Preservation and inspection of examination papers.

Effective 5/13/2014
17-30a-304.
Preservation and inspection of examination papers.
(1)
(a) Examination papers and related documents are the property of the commission and the commission shall preserve them until the expiration of the eligible register for which an examination is given.
(b) Preservation of examination papers and related documents after the time period described in Subsection (1)(a) is subject to a retention schedule adopted by the commission.
(2)
(a) Except as provided in Subsection (2)(b), examination papers and related documents are not open to public inspection without a court order.
(b) An applicant may inspect the applicant's own papers at any time within 30 days after the commission sends notice of the applicant's grade.
(c) The appointing authority may inspect the papers of any eligible applicant certified for appointment.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 305 - Preparation and expiration of eligible appointment register.

Effective 5/13/2014
17-30a-305.
Preparation and expiration of eligible appointment register.
(1) Upon completion of an examination, the commission shall prepare and adopt an eligible appointment register containing the names of applicants receiving a passing grade ranked in the order of grades earned, beginning with the highest.
(2)
(a) An eligible appointment register shall expire not later than two years after the date of the examination unless the commission, for good reason, extends the time not to exceed one additional year.
(b) If the commission adopts a new eligible appointment register, a previous appointment register for the same class or position is cancelled.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 306 - Appointments from eligible appointment register -- Failure to accept appointment.

Effective 5/13/2014
17-30a-306.
Appointments from eligible appointment register -- Failure to accept appointment.
(1) If the appointment of a peace officer is an appointment based on an examination, the appointing authority shall request that the commission certify eligible applicants for each position.
(2)
(a) The commission shall certify, to the appointing authority, a number of names equal to three times the number of allocations being filled.
(b) The names of the applicants shall be ranked in order of examination score, beginning with the name of the applicant standing highest on the eligible appointment register.
(3) The appointing authority shall select a person described in Subsection (2)(b) and appoint one person to each open position.
(4) If a certified applicant fails to accept a proffered appointment, the applicant:
(a) may request in writing that the applicant be able to retain the applicant's place on the eligible appointment register; and
(b) shall provide reasons sufficient, in the judgment of the commission, to justify the applicant's failure to accept.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 307 - Probationary period of appointment.

Effective 5/13/2014
17-30a-307.
Probationary period of appointment.
(1) A peace officer appointed under Section 17-30a-306 shall serve a probationary period of 12 consecutive months, during which time the officer may be discharged at the sole discretion of the appointing authority.
(2)
(a) At the request of the appointing authority and with the approval of the commission, the probationary period may be extended beyond 12 months for an officer who has not yet satisfactorily completed an approved peace officer training program and received a certificate of completion under Title 53, Chapter 6, Peace Officer Standards and Training Act.
(b) At the request of the appointing authority and with the approval of the commission, the probationary period of an officer may be extended beyond 12 months for good cause shown.
(c) Service under a temporary or part-time appointment is not considered a part of the probationary period.
(3) If a peace officer is retained in a position after the expiration of the probationary period, the officer's retention constitutes appointment to merit status.
(4) A person removed from employment during the probationary period may not be placed on the eligible register again without having passed another regular examination.
(5) The commission may adopt rules governing probationary periods for other appointments, including the appointing or transfer of a peace officer from another jurisdiction.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 308 - Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotional register.

Effective 5/13/2014
17-30a-308.
Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotional register.
(1) In case of a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional, or expert character, and upon satisfactory evidence that competition is impracticable and the position can best be filled by the selection of some designated person of recognized attainments, the commission may, after a public hearing and by unanimous vote, suspend competition regarding that position.
(2) The commission shall report a suspension under Subsection (1) in the commission minutes, together with the reason for suspension.
(3) With the exception of an appointment made in accordance with a commission rule adopted under Subsection 17-30a-203(1)(b)(i)(H), a department shall fill a supervisor vacancy in the merit system classification by promotion insofar as possible.
(4)
(a) A department shall make a promotion only after an open competitive examination, admission to which shall be limited to merit system officers.
(b) An examination process described in Subsection (4)(a) shall include consideration of the seniority and competence of the peace officer to perform the duties required in the position for which application is made.
(c) The seniority element of the examination may not exceed 40% of the entire examination score.
(5)
(a) After a promotional examination, the commission shall prepare a promotional register that shall take precedence over any previously existing register.
(b) The certified promotional register shall consist of three names for the initial vacancy and one more name for each additional vacancy, ranked in the order of the examination score, beginning with the highest scoring applicant.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 309 - Transfer and reassignment.

Effective 5/13/2014
17-30a-309.
Transfer and reassignment.
(1) A merit system officer may be transferred, without examination, from one position to a similar position in the same class and grade within the department.
(2) A merit system officer may be voluntarily reassigned, including to another class and grade, in accordance with rules adopted by the commission.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 310 - Temporary and part-time appointment.

Effective 5/13/2014
17-30a-310.
Temporary and part-time appointment.
(1) A department may appoint an employee to a temporary appointment for a period not exceeding 120 days within any 12 month period.
(2) A temporary employee is not a merit system officer and may be appointed without examination.
(3) A department may appoint an employee to a part-time appointment for a period not to exceed 29 hours per week.
(4) A part-time employee is not a merit system officer and may be appointed without examination.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 311 - Temporary layoffs -- Reappointment register.

Effective 5/13/2014
17-30a-311.
Temporary layoffs -- Reappointment register.
(1) Subject to Subsections (2) and (3), and if necessary, because of lack of funds or work, a department may temporarily lay off a merit system officer.
(2) A department that lays off a merit system officer under Subsection (1) shall lay off the officer according to the seniority of the officers of the class of positions affected, following the process prescribed by commission rule.
(3) A department shall lay off a person serving under temporary or part-time appointment before a merit system officer.
(4)
(a) If a merit system officer is laid off, the department shall place the officer on a reappointment register to be reappointed in the inverse order in which the officer is laid off.
(b) The register described in Subsection (4)(a) takes precedence over all eligible reappointment registers.
Enacted by Chapter 366, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30a - Peace Officer Merit System in Counties of the First Class Act › Part 3 - Merit Officer Conditions of Employment › Section 312 - Reappointment after temporary leave.

Effective 5/13/2014
17-30a-312.
Reappointment after temporary leave.
(1)
(a) Consistent with rules adopted by the commission and within the appointing authority's discretion, a merit system officer may be granted a temporary leave of absence outside the department.
(b) Leave granted under Subsection (1)(a) is without pay and for a period not to exceed one year.
(c) In accordance with applicable law or ordinance, the appointing authority may reappoint the officer without examination at the end of the leave.
(2)
(a) In the event a merit system officer is elected sheriff or is appointed to any merit-exempt position in the department, the officer's merit system status shall automatically be suspended for the period of time the officer remains sheriff or in a merit-exempt appointment.
(b) At the end of the period of election to sheriff or suspension of merit status under Subsection (2)(a), the officer shall be returned to the officer's former position as a merit system officer without examination.
(3) The appointing authority shall authorize any leave required by federal law.
Enacted by Chapter 366, 2014 General Session