Read the full stored bill text
68
10-3-1012
10-3-1106
10-3-1012
10-3-1106
0
Law Enforcement Officer Employment Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses law enforcement officer employment.
Highlighted Provisions:
This bill:
requires municipalities to provide certain procedures to a law enforcement officer before
the municipality may terminate or otherwise significantly impact the law enforcement
officer's employment; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-1012
, as last amended by Laws of Utah 2001, Chapter 178
10-3-1106
, as last amended by Laws of Utah 2012, Chapter 321
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-3-1012
is amended to read:
10-3-1012
. Suspension or discharge by department head -- Appeal to
commission -- Hearing and decision.
(1)
(a)
All
Subject to Subsection
(1)(b)
, all
persons in the classified civil service may be
suspended as provided in Section
10-3-912
, or removed from office or employment
by the head of the department for misconduct, incompetency, failure to perform
duties, or failure to observe properly the rules of the department, but subject to appeal
by the suspended or discharged person to the civil service commission.
(b)
Before a law enforcement officer, as that term is defined in Section
53-13-103
, who
is in the classified civil service may be suspended for more than two days, demoted,
or removed from employment under Subsection
(1)(a)
, the law enforcement officer's
employing agency shall, at a minimum:
(i)
notify the law enforcement officer of the allegations of wrongdoing that the
employing agency believes may support a disciplinary action of suspension for
more than two days, demotion, or removal;
(ii)
give the law enforcement officer no less than two business days after the day on
which the notification described in Subsection
(1)(b)(i)
is provided to submit a
written reply to the agency head or the agency head's designated representative;
(iii)
have the agency head, or the agency head's designated representative, consider
any written reply submitted by the law enforcement officer; and
(iv)
give the law enforcement officer an opportunity to be heard by the agency head
or the agency head's designated representative.
(c)
The provisions of Subsection
(1)(b)
do not limit or alter the rights under this part of:
(i)
an employee in the classified civil service who is not a law enforcement officer; or
(ii)
a law enforcement officer in a municipality that provides, by adopted policy,
procedures that are more protective for the law enforcement officer than the
procedures described in Subsection
(1)(b)
.
(2)
Any person suspended or discharged
under Subsection
(1)
may, within five days from
the issuance by the head of the department of the order of suspension or discharge,
appeal to the civil service commission, which shall fully hear and determine the matter.
(3)
The suspended or discharged person shall be entitled to appear in person and to have
counsel and a public hearing.
(4)
The finding and decision of the civil service commission upon the hearing shall be
certified to the head of the department from whose order the appeal is taken, and shall be
final and immediately enforced by the head.
Section 2. Section
10-3-1106
is amended to read:
10-3-1106
. Discharge, suspension without pay, or involuntary transfer --
Appeals -- Board -- Procedure.
(1)
(a)
An employee to which Section
10-3-1105
applies may not be discharged,
suspended without pay, or involuntarily transferred to a position with less
remuneration:
(a)
(i)
because of the employee's politics or religious belief; or
(b)
(ii)
incident to, or through changes, either in the elective officers, governing
body, or heads of departments.
(b)
Before an employee who is a law enforcement officer, as that term is defined in
Section
53-13-103
, to which Subsection
10-3-1105(1)(a)
applies may be discharged,
suspended without pay for more than two days, or involuntarily transferred to a
position with less remuneration due to disciplinary reasons, the law enforcement
officer's employing agency shall, at a minimum:
(i)
notify the law enforcement officer of the allegations of wrongdoing that the
employing agency believes may support a disciplinary action of discharge,
suspension of more than two days without pay, or involuntary transfer to a
position with less remuneration due to disciplinary reasons;
(ii)
give the law enforcement officer no less than two business days after the day on
which the notification described in Subsection
(1)(b)(i)
is provided to submit a
written reply to the agency head or the agency head's designated representative;
(iii)
have the agency head, or the agency head's designated representative, consider
any written reply submitted by the law enforcement officer; and
(iv)
give the law enforcement officer an opportunity to be heard by the agency head
or the agency head's designated representative.
(c)
The provisions of Subsection
(1)(b)
do not limit or alter the rights under this part of:
(i)
an employee to which Section
10-3-1105
applies who is not a law enforcement
officer; or
(ii)
a law enforcement officer in a municipality that provides, by adopted policy,
procedures that are more protective for the law enforcement officer than the
procedures described in Subsection
(1)(b)
.
(2)
(a)
If
, after the requirements of Subsections
(1)(a)
and
(b)
have been met,
an
employee other than an employee described in Subsection
10-3-1105(2)
,
is
discharged, suspended for more than two days without pay, or involuntarily
transferred from one position to another with less remuneration for any disciplinary
reason, the employee may, subject to Subsection
(2)(b)
, appeal the final decision to
discharge, suspend without pay, or involuntarily transfer to an appeal board or
hearing officer established under Subsection
(7)
.
(b)
If the municipality provides an internal grievance procedure, the employee shall
exhaust the employee's rights under that grievance procedure before appealing to the
appeal board or hearing officer.
(3)
(a)
Each appeal under Subsection
(2)
shall be taken by filing written notice of the
appeal with the municipal recorder in accordance with procedures established by a
municipality within 10 calendar days after:
(i)
if the municipality provides an internal grievance procedure, the employee
receives notice of the final disposition of the municipality's internal grievance
procedure; or
(ii)
if the municipality does not provide an internal grievance procedure, the
discharge, suspension, or involuntary transfer.
(b)
(i)
Upon the filing of an appeal under Subsection
(3)(a)
, the municipal recorder
shall refer a copy of a properly filed appeal to the appeal board or hearing officer
described in Subsection
(7)
.
(ii)
Upon receipt of the referral from the municipal recorder, the appeal board or
hearing officer shall schedule a hearing to take and receive evidence and fully hear
and determine the matter which relates to the reason for the discharge, suspension,
or transfer.
(4)
(a)
An employee who is the subject of the discharge, suspension, or transfer may:
(i)
appear in person and be represented by counsel;
(ii)
have a hearing open to the public;
(iii)
confront the witness whose testimony is to be considered; and
(iv)
examine the evidence to be considered by the appeal board.
(b)
An employee or the municipality may request the hearing described in Subsection
(4)(a)(ii)
.
(5)
(a)
(i)
A decision of the appeal board shall be by secret ballot.
(ii)
The appeal board or the hearing officer shall certify a decision by the appeal
board or hearing officer, respectively, with the recorder no later than 15 days after
the day on which the hearing is held, except as provided in Subsection
(5)(a)(iii)
.
(iii)
For good cause, the appeal board or hearing officer may extend the 15-day
period under Subsection
(5)(a)(ii)
to a maximum of 60 calendar days, if the
employee and municipality both consent.
(b)
If the appeal board or hearing officer finds in favor of the employee, the appeal board
or hearing officer shall provide that the employee shall receive:
(i)
the employee's salary for the period of time during which the employee is
discharged or suspended without pay less any amounts the employee earned from
other employment during this period of time; or
(ii)
any deficiency in salary for the period during which the employee was transferred
to a position of less remuneration.
(6)
(a)
A final action or order of the appeal board or hearing officer may be reviewed by
the Court of Appeals by filing with that court a petition for review.
(b)
A petition under Subsection
(6)(a)
shall be filed within 30 days after the issuance of
the final action or order of the appeal board or hearing officer.
(c)
The Court of Appeals' review shall be:
(i)
on the record of the appeal board or hearing officer; and
(ii)
for the purpose of determining if the appeal board or hearing officer abused its
discretion or exceeded its authority.
(7)
(a)
The method and manner of choosing a hearing officer or the members of the
appeal board, the number of members, the designation of a hearing officer's or appeal
board member's term of office, and the procedure for conducting an appeal and the
standard of review shall be prescribed by the governing body of each municipality by
ordinance.
(b)
For a municipality operating under a form of government other than a council-mayor
form under
Chapter 3b, Part 2, Council-Mayor Form of Municipal Government
, an
ordinance adopted under Subsection
(7)(a)
may provide that the governing body of
the municipality shall serve as the appeal board.
(8)
This section does not apply to an employee:
(a)
described in Subsection
10-3-1105(2)
; or
(b)
discharged or transferred to a position with less remuneration if the discharge or
transfer is the result of a layoff, reorganization, or other non-disciplinary reason.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 6:53 PM