County Employment Amendments

149
17-75-502
17-76-201
17-76-202
17-76-205
17-76-207
17-76-209
17-76-210
17-76-211
17-76-212
17-76-214
17-76-215
17-76-216
17-76-217
17-76-301
17-76-302
17-76-303
17-76-305
17-76-310
17-76-313
0
County Employment Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to peace officers in a county merit system or career
service.
Highlighted Provisions:
This bill:
defines terms;
provides that certain employees in a county sheriff's office are exempt from a merit
system or career service, unless before July 1, 2026, the county sheriff designates the
position as a merit system position; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-75-502
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-201
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-202
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-207
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-209
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-210
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-211
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-212
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-214
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-215
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-216
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-217
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-302
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-303
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-305
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-310
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-76-313
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
REPEALS AND REENACTS:
17-76-205
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-75-502
is amended to read:
17-75-502
. Career service -- Exempt positions.
(1)
As used in this section, "frontline peace officer supervisor" means a peace officer in a
position that:
(a)
is required to regularly supervise and evaluate the performance of another peace
officer; and
(b)
does not regularly supervise and evaluate the performance of a peace officer who
also regularly supervises and evaluates the performance of another peace officer.
(1)
(2)
The career service:
(a)
is a permanent service to which this part applies; and
(b)
comprises all tenured county positions in the public service, except:
(i)
subject to Subsection
(2)
(3)
:
(A)
the county executive, members of the county legislative body, and other
elected officials; and
(B)
each
a
major county department head charged directly by the county
legislative body, or by a board appointed by the county legislative body, with
the responsibility of assisting to formulate and carry out policy matters;
(ii)
one confidential secretary for each elected county officer and major county
department head, if a confidential secretary is assigned;
(iii)
an administrative assistant to the county executive, each member of the county
legislative body, and each elected official, if an administrative assistant is
assigned;
(iv)
each duly
an
appointed chief deputy of any elected county officer who takes
over and discharges the duties of the elected county officer in the absence or
disability of the elected county officer;
(v)
a peace officer who is in a position that:
(A)
is required to regularly supervise and evaluate the performance of another
peace officer;
(B)
is no more than three levels below the county sheriff in the command structure
of the office of the county sheriff;
(C)
is not a frontline peace officer supervisor; and
(D)
is not otherwise designated as a merit system position under Subsection
17-76-201(8) or 17-76-301(8);
(v)
(vi)
subject to Subsection
(3)
(4)
, an individual who
is
:
(A)
is
appointed by an elected county officer to be a division director, to
administer division functions in furtherance of the performance of the elected
officer's professional duties;
(B)
is
in a confidential relationship with the elected county officer; and
(C)
not in a law enforcement rank position of captain or below
is not a peace
officer
;
(vi)
(vii)
each
person
individual
employed to make or conduct a temporary and
special inquiry, investigation, or examination on behalf of the county legislative
body or one of its committees;
(vii)
(viii)
each noncareer employee:
(A)
compensated for the employee's services on a seasonal or contractual basis;
and
(B)
hired on emergency or seasonal appointment basis, as approved by the council;
(viii)
(ix)
each provisional employee, as defined by the county's policies and
procedures or personnel rules;
(ix)
(x)
each part-time county employee, as defined by the county's policies and
procedures or personnel rules;
(x)
(xi)
each county employee appointed to perform:
(A)
work that does not exceed three years in duration; or
(B)
work with limited funding; and
(xi)
(xii)
each county position that, by the position's confidential or key
policy-determining nature, cannot or should not be appropriately included in the
career service.
(2)
(3)
Before a position under Subsection
(1)(b)(i)
(2)(b)(i)
may be changed from its
current status to exempt or tenured, the council shall, after giving due notice, hold a
public hearing on the proposed change of status.
(3)
(4)
(a)
Subsection
(1)(b)(v)
Subsection (2)(b)(vi)
may not be construed to cause an
individual serving as a nonexempt county employee on May 5, 2008, in a position
described in that subsection to lose the nonexempt status.
(b)
Subsection (2)(b)(v) may not be construed to cause an individual serving as a
nonexempt county employee before July 1, 2026, in a position described in that sub
section to lose the nonexempt status.
(b)
(c)
The elected county officer in a supervisory position over a county employee
described in
Subsection
Subsections

(3)(a)

(4)(a) and (4)(b)
shall work with the
county's office of personnel management to develop financial and other incentives to
encourage a nonexempt employee to convert voluntarily to exempt status.
(4)
(5)
(a)
County policies made in conformity with this part shall list by job title and
county department, office or agency, each position designated as exempt under Sub
section
(1)(b)(xi)
(2)(b)(xii)
.
(b)
A change in exempt status of a position designated as being exempt under Subsection
(1)(b)(xi)
(2)(b)(xii)
constitutes an amendment to the personnel rules made under this
chapter.
Section 2. Section
17-76-201
is amended to read:
17-76-201
. Definitions.
As used in this part:
(1)
"Appointing authority" means the sheriff of a county having jurisdiction over any peace
officer.
(2)
"Commission" means
the
a
merit system commission consisting of three individuals
appointed in accordance with Section
17-76-203
and having the duty, power, and
responsibility for the discharge of the functions of this chapter.
(3)
"Department of Public Safety" means the department created in Section
53-1-103
.
(4)
"Eligible register" means the list made by a commission described in Subsection
17-76-209(1)
that contains the names of all applicants that took the examination and that
received a passing grade.
(5)
"Examination" means the competitive examination for employment as a peace officer
described in Section
17-76-207
.
(6)
"Frontline peace officer supervisor" means a peace officer in a position that:
(a)
is required to regularly supervise and evaluate the performance of another peace
officer; and
(b)
does not regularly supervise and evaluate the performance of a peace officer who
also regularly supervises and evaluates the performance of another peace officer.
(6)
(7)
"Member" means an individual appointed to the merit commission in accordance
with Section
17-76-203
.
(7)
(8)
"Merit system officer" means
a peace officer who has merit status as defined in
this part.
:
(a)
a peace officer:
(i)
who is in a position that:
(A)
is not required to regularly supervise and evaluate the performance of another
peace officer;
(B)
is more than three levels below the county sheriff in the command structure of
the office of the county sheriff; or
(C)
is a frontline peace officer supervisor; or
(ii)
who is in a position, other than chief deputy:
(A)
that is no more than three levels below the county sheriff in the command
structure of the office of the county sheriff; and
(B)
that, before July 1, 2026, the county sheriff designates as a merit system
position;
(b)
regardless of rank, a peace officer who, immediately before July 1, 2026, was in a
merit system position under this part, unless, on or after July 1, 2026, the peace
officer:
(i)
except as described in Subsection (8)(c), voluntarily accepts a position that is not a
merit system position; or
(ii)
in accordance with the written policy described in Subsection
17-76-202(4)
,
voluntarily surrenders merit status; or
(c)
a peace officer who returns to a merit system position after a leave of absence under
Section
17-76-214
, unless the peace officer voluntarily surrenders merit status under
Subsection (8)(b)(ii).
(8)
(9)
"Peace officer" means any paid deputy sheriff, other than a chief deputy designated
by the sheriff, who is in the continuous employ of a county.
(9)
(10)
"Police interlocal entity" means an interlocal entity, as defined in Section
11-13-103
, that is 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.
(10)
(11)
"Police special district" means a special district, as defined in Section
17B-1-102
:
(a)
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
county legislative bodies; and
(b)
that is created to provide law enforcement service to an area that includes the
unincorporated part of the county.
Section 3. Section
17-76-202
is amended to read:
17-76-202
. Applicability.
(1)
This
chapter
part
does not apply to a county of the first class or an interlocal entity, as
defined in Section
11-13-103
, in which a county of the first class is a party to an
interlocal agreement to provide law enforcement service.
(2)
The sheriff of each county with a population of 20,000 people or more who regularly
employs one or more peace officers shall:
(a)
appoint peace officers and fill vacant positions for peace officers:
(i)
with the advice and consent of the county legislative body;
(ii)
subject to the rules of the merit service commission; and
(iii)
from the classified merit service list furnished by the merit service commission;
and
(b)
promote, transfer, demote, suspend or remove peace officers in accordance with this
part.
(2)
The sheriff of a county with a population of 20,000 or more residents that employs one
or more merit system officers shall make all decisions regarding the promotion, transfer,
demotion, suspension, or removal of a merit system officer with the advice and consent
of the county legislative body and in accordance with this part.
(3)
Every peace officer who is serving as such upon the effective date of this part is
considered:
(a)
fully qualified for such position without examination or test; and
(b)
to have been appointed and to hold the position of peace officer in accordance with
this part.
(4)
(3)
Counties with a population of less than 20,000 people may implement a deputy
sheriff merit system if:
(a)
the county legislative body approves the deputy sheriff merit system; or
(b)
the people of the county through referendum or initiative approve the deputy sheriff
merit system.
(4)
A commission shall:
(a)
establish a written policy that provides financial or other incentives for a peace
officer who retains merit status under Subsection 17-76-201(8) to voluntarily
surrender merit status; and
(b)
provide a copy of the policy to each peace officer who retains merit status under Sub
section 17-76-201(8).
Section 4. Section
17-76-205
is repealed and reenacted to read:
17-76-205
. Organization of commission -- Secretary -- Offices -- Job
classification plan.
(1)
Each commission shall:
(a)
be organized by the commission's members;
(b)
select one member as chairperson;
(c)
establish a comprehensive job classification plan that:
(i)
covers each merit system officer of the governmental unit;
(ii)
places each position requiring substantially the same duties and qualifications in
the same classification;
(iii)
provides standards for promotion for each position; and
(iv)
includes minimum physical and educational qualifications for each position.
(2)
If the governing body creates and approves a new position, the commission shall
classify the position in the classification plan described in Subsection
(1)(c)
.
(3)
The governing body shall assign a qualified county employee to act as secretary of the
commission.
(4)
The secretary described in Subsection
(3)
shall serve without additional compensation
unless the county legislative body specifies otherwise.
(5)
The governing body shall provide suitable accommodations, supplies, and equipment as
needed to enable the commission to carry out the commission's business.
Section 5. Section
17-76-207
is amended to read:
17-76-207
. Examinations -- How prepared, conducted, and graded -- Notice of
examination -- Preservation and inspection of examination papers.
(1)
(a)
When necessary,
a
the
commission shall administer a competitive examination
for employment as a
peace officer
merit system officer
to determine the
qualification of applicants

.
(b)
An examination 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 peace officer.
(c)
An examination shall be prepared, conducted, and graded as directed by 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 appointing authority's
department.
(b)
The notice shall
set forth
describe the
minimum and maximum wages, physical and
educational requirements, and passing grades that are not less than 70% correct
answers.
(c)
An applicant completing an examination shall be promptly notified of the applicant's
final grade by mail at the applicant's last known address.
(3)
All examination papers are the commission's property, and the commission shall
preserve the examination papers until the expiration of the eligible register.
(4)
Examination papers are not open to public inspection without court order, except that:
(a)
an applicant may inspect the applicant's own examination papers at any time within
30 days after the date the commission mails the notice described in Subsection
(2)
;
and
(b)
the appointing authority may inspect the papers of any eligible applicant the
commission certifies for appointment.
Section 6. Section
17-76-209
is amended to read:
17-76-209
. Preparation and expiration of eligible register -- Appointments from
eligible register -- Failure to accept appointment -- Probationary period.
(1)
(a)
Upon completion of an examination, the commission shall make an eligible
register that contains the names of all applicants that received a passing grade in the
order of grades earned, beginning with the highest.
(b)
An eligible register expires 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.
(c)
When the commission makes a new eligible register, previous eligible registers for
the same class or position are automatically canceled.
(2)
(a)
When a peace officer is to be appointed
To appoint a merit system officer
, the
appointing authority shall request that the commission certify three eligible
applicants for the position.
(b)
After the appointing authority makes a request described in Subsection
(2)(a)
:
(i)
the commission shall certify to the appointing authority the names of the three
applicants standing highest on the eligible register; and
(ii)
the appointing authority shall select and appoint one of the three applicants the
commission certifies.
(c)
If an applicant described in Subsection
(2)(b)(ii)
does not accept the appointing
authority's offer of appointment, the applicant may, in writing:
(i)
request that the applicant retain the applicant's place on the eligible register; and
(ii)
provide reasons sufficient, in the judgment of the commission, to justify the
applicant's rejection of the appointing authority's offer of appointment.
(3)
(a)
A
peace officer
merit system officer
appointed under Subsection
(2)
shall serve a
probationary period of 12 consecutive months, during which time the appointing
authority may discharge the
peace officer
merit system officer
.
(b)
The probationary period shall be extended as necessary for a
peace officer
merit
system 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.
(c)
If a
peace officer
merit system officer
remains in the position to which the
peace
officer
merit system officer
was appointed after the expiration of the probationary
period, the
peace officer's
merit system officer's
retention constitutes appointment to
merit status.
(d)
Service as a
peace officer
merit system officer
under a temporary or emergency
appointment is not considered as part of the probationary period.
(e)
A
peace officer
merit system officer
removed during the
peace officer's
merit
system officer's
probationary period may not be placed on the eligible register again
without having passed another regular examination.
Section 7. Section
17-76-210
is amended to read:
17-76-210
. Vacancies -- Positions requiring special qualifications -- Competition
suspended -- Promotion -- Promotion register.
(1)
(a)
When there is a vacancy in a position requiring peculiar and exceptional
qualifications of a scientific, professional, or expert character, the commission may,
after public hearing and by unanimous vote of the commission, suspend competition
regarding the position upon satisfactory evidence that:
(i)
competitive hiring is impracticable; and
(ii)
the position can best be filled by the selection of an individual of recognized
attainments.
(b)
When the commission suspends competitive hiring, the commission shall report the
reason for suspending competitive hiring in the commission's annual reports.
(1)
A commission may suspend competition to fill a vacant position if:
(a)
the vacant position requires scientific, professional, or expert qualifications, and
would best be filled by an individual with those qualifications;
(b)
there is substantial evidence that competition to fill the vacant position is
impracticable;
(c)
the commission holds a public hearing about filling the position; and
(d)
the commission members unanimously vote to suspend the competition.
(2)
The commission shall report a suspension under Subsection
(1)
, along with the reason
for the suspension, in the commission's annual reports.
(2)
(a)
The appointing authority shall fill vacancies occurring in the merit system
classification by promotion if possible.
(b)
A promotion shall be made only after an examination, with admission to the
examination limited to merit system officers.
(c)
An examination for a promotion shall include an average of service ratings for the
next preceding year, a rating of seniority, and test the merit system officer's
competence to perform the duties required in the position for which application is
made.
(d)
An examination for a promotion shall not combine the weights of service rating and
seniority to more than 40% of the whole examination.
(e)
The appointing authority shall fill subsequent vacancies by promotion until the
lowest grade is reached, which grade shall then be filled from the eligible list in
accordance with this part.
(f)
(3)
Vacancies in a merit system classification shall be filled by promotion when possible.
(4)
(a)
A department shall make a promotion only after conducting an examination that is
limited to peace officers in the merit system.
(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.
(i)
(5)
(a)
After an examination for a promotion, the commission shall prepare a
promotion register that takes precedence over an eligible register.
(ii)
(b)
The commission shall make the promotion register in the same manner as it
makes an eligible register.
Section 8. Section
17-76-211
is amended to read:
17-76-211
. Temporary appointment.
(1)
An appointing authority may make a temporary appointment
for a period not exceeding
60 days, pending examination, when there is no existing eligible, promotion, or
re-employment register.
if:
(a)
the appointment does not exceed seven days;
(b)
no eligible individual is immediately available from the eligible, promotional, or
re-employment registers; and
(c)
the appointment is necessary to conduct business.
(2)
(a)
An appointing authority may make an emergency appointment for a period not
exceeding seven days.
(b)
With the commission's consent, the appointing authority may extend an emergency
appointment one time, for an additional period not to exceed seven days, if:
(i)
an eligible applicant is not immediately available from an existing eligible
register, promotion register described in Section
17-76-210
, or reemployment
register described in Section
17-76-212
; and
(ii)
the work to be performed is necessary to expedite the public business.
(2)
With the commission's consent, an appointing authority may extend a temporary
appointment once for an additional period that does not exceed seven days.
Section 9. Section
17-76-212
is amended to read:
17-76-212
. Temporary layoffs -- Reemployment register.
(1)
A peace officer may be temporarily laid off
An appointing authority may temporarily
layoff a merit system officer
:
(a)
when the appointing authority determines it is necessary because of lack of funds or
work; and
(b)
with the commission's approval.
(2)
A
An appointing authority shall make a
layoff described in Subsection
(1)

shall be
made
according to the lowest rating of the
peace officers
merit system officers
of the
class of position affected, calculated upon seniority under a method prescribed by the
commission.
(3)
An individual serving under temporary
or emergency
appointment shall be laid off
before any merit system officer.
(4)
A merit system officer who is laid off shall be placed upon a reemployment register to
be re-employed in the inverse order in which the merit system officer is laid off, which
reemployment register shall take precedence over all eligible registers.
Section 10. Section
17-76-214
is amended to read:
17-76-214
. Leave of absence -- Sick leaves and vacations.
(1)
The appointing authority, with the commission's approval, may grant a
peace officer
merit system officer
a leave of absence without pay for a period not to exceed one year.
(2)
If a
peace officer
merit system officer
on leave takes a higher position in police work
that does not come under the merit system provisions of this part, the appointing
authority may, with the commission's consent, renew the leave of absence.
(3)
If a
peace officer
merit system officer
is elected sheriff, or is appointed chief deputy,
the
peace officer
merit system officer
shall automatically be placed on a leave of
absence for the period of time the peace officer remains sheriff or chief deputy.
(4)
Upon the termination of a leave of absence, the
peace officer
merit system officer
shall
be returned to the peace officer's former position.
(5)
Sick leaves and vacations with pay shall be as provided by law or ordinance.
Section 11. Section
17-76-215
is amended to read:
17-76-215
. Demotion, reduction in pay, suspension or discharge -- Grounds.
(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; or
(e)
any act inimical to the public service.
(2)
No
A
merit system officer
shall be
may not be
suspended for more than 30 days at
one time, nor more than 60 days in one year.
(3)
Demotion, reduction in pay, suspension, or discharge shall be made upon order of the
appointing authority.
Section 12. Section
17-76-216
is amended to read:
17-76-216
. Disciplinary charges and merit system officer grievances -- Appeal to
commission -- Hearing -- Findings.
(1)
An appointing authority who orders the demotion, reduction in pay, suspension, or
discharge of a merit system officer for any cause described in Section
17-76-215
shall:
(a)
file written charges with the commission; and
(b)
serve the merit system officer with a copy of the written charges.
(2)
(a)
(i)
A merit system officer who is the subject of charges under Subsection
(1)

may, within 10 days after the day on which the charges
were
are
served, 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 merit system officer charged.
(b)
If a merit system officer files a grievance, as defined by the commission, and
exhausts all internal grievance procedures,
if any,
the merit system officer may,
within 10 days after the day on which the merit system officer
received
receives

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 a merit system
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 days
,
and not more than 90 days
,
after the day
on which a merit system officer files an appeal or grievance.
(ii)
A hearing may be held more than 90 days after an appeal or grievance is filed if:
(A)
the merit system officer and employer agree; or
(B)
the commission determines there is good cause to delay the hearing.
(4)
(a)
If the aggrieved merit system 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 of the commission's decision to each party.
(6)
(a)
An individual aggrieved by an act or failure to act of any commission under this
part has exhausted the remedies of appeal to the commission, the individual may
appeal the commission's decision to the district court
An individual affected by a
commission's action or inaction under this part may appeal to the district court after
the individual exhausts all appeal options with the commission
.
(b)
The courts
A court
may review questions of law and fact, and may affirm, set aside,
or modify the
ruling complained of
commission's action
.
Section 13. Section
17-76-217
is amended to read:
17-76-217
. Prohibitions against political activities -- Penalties.
(1)
It is a class B misdemeanor for an individual with authority to, or who seeks, assists,
promises, or threatens to appoint, promote, transfer, demote, suspend, discharge, or
change the amount of compensation of a merit system officer, for giving, withholding,
or neglecting to make any contributions or any service for any political purpose.
A
government employee, member of a governing body, or appointing authority is guilty of
a class B misdemeanor if that individual:
(a)
appoints, promotes, transfers, demotes, suspends, discharges, or alters the
compensation of a merit system officer for giving, withholding, or neglecting to
make a political contribution or service;
(b)
promises, seeks, aids, or abets the appointment, promotion, transfer, demotion,
suspension, discharge, or change in compensation of a merit system officer for
giving, withholding, or neglecting to make a political contribution or service; or
(c)
directly or indirectly solicits a political contribution or service from a merit system
officer.
(2)
It is a class B misdemeanor for an individual described in Subsection
(1)
to solicit,
directly or indirectly, a contribution or servicefor a political purpose from a merit system
officer.
(3)
(2)
This section
Subsection
(1)
does not apply to political speeches or use of mass
communication media for political purposes by an individual who is not a merit system
officer even though a merit system officer may be present or within the reach of such
media unless the purpose and intent is to violate this section with direct respect to the
merit system officer.
(4)
(3)
A merit system officer may not engage in political activity during the hours of
employment.
(5)
(4)
An individual may not solicit political contributions from a merit system officer
during hours of employment for political purposes.
(6)
(5)
This section does not preclude a merit system officer from voluntarily contributing
to the party or candidate of the merit system officer's choice.
Section 14. Section
17-76-301
is amended to read:
17-76-301
. Definitions.
As used in this part:
(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 individuals
appointed in accordance with Section
17-76-304
.
(3)
"Department" means a county sheriff's office or a police interlocal entity.
(4)
"Eligible appointment register" means the list made by a commission described in
Section
17-76-310
that contains the names of all applicants that took the examination
and that received a passing grade.
(5)
"Examination" means the competitive examination to determine the qualification of an
applicant for a position as a peace officer described in Section
17-76-307
.
(6)
"Frontline peace officer supervisor" means a peace officer in a position that:
(a)
is required to regularly supervise and evaluate the performance of another peace
officer; and
(b)
does not regularly supervise and evaluate the performance of a peace officer who
also regularly supervises and evaluates the performance of another peace officer.
(6)
(7)
"Legislative body" means the county legislative body or the governing body of the
police interlocal entity.
(7)
(8)
"Merit system officer" means
a peace officer who has merit status as defined in
this part.
:
(a)
a peace officer:
(i)
who is in a position that:
(A)
is not required to regularly supervise and evaluate the performance of another
peace officer;
(B)
is more than three levels below the county sheriff in the command structure of
the office of the county sheriff; or
(C)
is a frontline peace officer supervisor; or
(ii)
who is in a position, other than chief deputy:
(A)
that is no more than three levels below the county sheriff in the command
structure of the office of the county sheriff; and
(B)
that, before July 1, 2026, the county sheriff designates as a merit system
position;
(b)
regardless of rank, a peace officer who, immediately before July 1, 2026, was in a
merit system position under this part, unless, on or after July 1, 2026, the peace
officer:
(i)
except as described in Subsection (8)(c), voluntarily accepts a position that is not a
merit system position; or
(ii)
in accordance with the written policy described in Subsection
17-76-302(2)
,
voluntarily surrenders merit status; or
(c)
a peace officer who returns to a merit system position after a leave of absence under
Section
17-76-316
, unless the peace officer voluntarily surrenders merit status under
Subsection (8)(b)(ii).
(8)
(9)
"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.
(9)
(10)
"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.
Section 15. Section
17-76-302
is amended to read:
17-76-302
. Applicability.
(1)
This part 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.
(2)
A commission shall:
(a)
establish a written policy that provides financial or other incentives for a peace
officer who retains merit status under Subsection 17-76-301(8) to voluntarily
surrender merit status; and
(b)
provide a copy of the policy to each peace officer who retains merit status under Sub
section 17-76-301(8).
Section 16. Section
17-76-303
is amended to read:
17-76-303
. Subordinate peace officers appointed, reappointed.
(1)
The appointing authority of a county or police interlocal entity subject to this part that
regularly employs one or more
peace officers
merit system officers
shall:
(a)
appoint a
peace officer
merit system officer
with the advice and consent of the
county legislative body or police interlocal entity governing body, subject to the
commission's rules;
(b)
appoint each
subordinate peace officer
merit system officer
;
(c)
fill a vacancy in the department; and
(d)
further promote, transfer, reassign, reappoint, demote, suspend, or remove a
peace
officer
merit system officer
in accordance with this part.
(2)
The commission shall
adopt
make
rules governing the appointment of
peace officers
merit system officers
through reappointment of a former employee who separated in
good standing, within one year after separation.
(3)
A
peace officer
merit system officer
appointed before May 13, 2014, is considered to
have been appointed to and hold the
peace officer's
merit system officer's
position and
classification in accordance with
the provisions of
this part.
Section 17. Section
17-76-305
is amended to read:
17-76-305
. General duty -- Creation of comprehensive job classification plan --
Oaths and subpoenas -- Provide for unspecified activities.
(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 part, 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
merit system 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 part.
(3)
(a)
The commission shall formulate a comprehensive job classification plan covering
all merit system officers employed by the sheriff or by the police interlocal entity.
(b)
The job classification plan shall:
(i)
place all positions requiring substantially the same duties and qualifications in the
same classification;
(ii)
include minimum physical and educational qualifications of the applicants for
each position; and
(iii)
provide standards for promotion.
(c)
If a new position is created and approved, the commission shall classify the position
in the job classification plan.
(4)
(a)
A member of the commission, in performance of commission duties, may
administer oaths and subpoena witnesses and documents.
(b)
If an individual refuses to comply with or fails to comply with a subpoena issued by
a member of the commission, the district court may, upon application by the member
of the commission, compel obedience.
(5)
(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.
(6)
The commission may adopt a rule for an activity within the purpose and spirit of this
part that:
(a)
the commission deems is necessary and proper; and
(b)
not otherwise prohibited by law.
Section 18. Section
17-76-310
is amended to read:
17-76-310
. Preparation and expiration of eligible appointment register --
Appointments from eligible appointment register -- Failure to accept appointment --
Probationary period.
(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 eligible
appointment register for the same class or position is cancelled.
(3)
If the appointment of a
peace officer
merit system officer
is an appointment based on
an examination, the appointing authority shall request that the commission certify
eligible applicants for each position.
(4)
(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.
(5)
The appointing authority shall select
a person
an applicant
described in Subsection
(4)(b)
and appoint one
person
applicant
to each open position.
(6)
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.
(7)
A
peace officer
merit system officer
appointed under Subsection
(5)
shall serve a
probationary period of 12 consecutive months, during which time the
merit system
officer may be discharged at the appointing authority's sole discretion.
(8)
(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 a
peace
officer
merit system 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 a
peace officer
merit system 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.
(9)
If a
peace officer
merit system officer
is retained in a position after the expiration of
the probationary period, the
peace officer's
merit system officer's
retention constitutes
appointment to merit status.
(10)
A person
An individual
removed from employment during the probationary period
may not be placed on the eligible appointment register again without having passed
another regular examination.
(11)
The commission may make or adopt policies governing probationary periods for other
appointments, including the appointing or transfer of a
peace officer
merit system
officer
from another jurisdiction.
Section 19. Section
17-76-313
is amended to read:
17-76-313
. 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
merit system officer according to the seniority of the merit system officers of the class of
positions affected, following the process prescribed by commission rule.
(3)
A department shall lay off an individual 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 merit system
officer on an eligible reappointment register to be reappointed in the inverse order in
which the
merit system
officer is laid off.
(b)
The eligible reappointment register described in Subsection
(4)(a)
takes precedence
over all other eligible reappointment registers.
Section 20.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-13-26 2:31 PM