Firefighters' Civil Service Commission

Utah Code tit. 17, ch. 17-76, pt. 17-76-P5

in effect

Utah Code § 17-76-501 Definitions.

17-76-501. Definitions. As used in this section: (1) "Council" means a county fire civil service council created in accordance with Section 17-76-502. (2) "Executive director" means a council fire civil service executive director appointed in accordance with Section 17-76-505. Enacted by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-502 County fire civil service councils created.

17-76-502. County fire civil service councils created. (1) There is created in each of the counties of this state having and maintaining a regularly organized fire department in which there are regularly employed four or more paid firefighters, a county fire civil service council consisting of three members to be appointed by the county executive. (2) Each member of the council shall serve for a term of three years except that the county executive shall appoint the original council members as follows: (a) one member for a period of one year; (b) one member for a period of two years; and (c) one member for a period of three years. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-503 Vacancies -- Compensation -- Removal from office.

17-76-503. Vacancies -- Compensation -- Removal from office. (1) Any vacancy occurring on the council shall be filled by appointment by the county executive for the unexpired term. (2) A council member may not hold, during the term of the council member's office, any other public office or be a candidate for any other public office. (3) (a) Each council member shall receive $50 for each meeting of the council attended by the council member. (b) The county legislative body may raise the compensation of a council member as the county legislative body considers appropriate. (c) The compensation and allowance described in Subsections (3)(a) and (b) shall be a charge against the county and paid monthly. (4) (a) In case of misconduct, willful neglect, or an inability to perform the duties of the council member's office, a council member may be removed from office by the county legislative body upon a majority vote of the county legislative body. (b) A county legislative body that moves to remove a council member from office under Subsection (4)(a) shall provide the council member with the opportunity to be heard in the council member's own defense. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-504 Organization of fire civil service council.

17-76-504. Organization of fire civil service council. (1) A council shall select one of the council's members as chair. (2) The county executive shall assign a qualified employee of the county to act as secretary to the council and a qualified attorney to act as legal counsel to the council, each of which shall be acceptable to the council and shall act and serve without additional compensation. (3) The county executive shall provide suitable accommodations, equipment, and necessary funds to enable the council to properly conduct council business. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-505 Duties of executive director -- Duties of secretary.

17-76-505. Duties of executive director -- Duties of secretary. (1) (a) Within each county subject to this part, there is created the office of executive director of county fire civil service, who shall be appointed by the county executive. (b) The executive director shall: (i) be an individual with proven experience in personnel management; and (ii) be accountable to the county executive for the executive director's performance in office. (c) The position of executive director shall be a merit position under Chapter 75, General County Personnel Management, and shall be recruited and selected in the same manner as the holders of other career service merit positions, with the concurrence of the council. (2) An executive director shall: (a) exercise, on behalf of the county, executive or administrative duties regarding the management and administration of the County Fire Civil Service System, including the management and administration of examinations, classification of duties, preparation of hiring registers, recommendations regarding civil service regulations and policies, and other duties provided in this part; (b) classify individuals successfully passing examinations in the order of each individual's ascertained merit and prepare a list of the individuals; (c) make certification of classifications when required; (d) make, publish, and distribute necessary rules relative to examinations, classifications, and certifications as may be proper and desirable in the administration of this part; (e) establish and maintain records of employees in the County Fire Civil Service System setting forth as to each employee class, title, pay, status, and other relevant data; (f) make necessary and proper reports to the council, the fire chief, or the county executive; (g) apply and carry out this part and the policies and rules adopted under this part; and (h) perform other lawful acts that may be necessary or desirable to carry out the purposes of this part. (3) An executive director shall appoint the members of and act as chair to a County Fire Civil Service Advisory Committee which shall assist the executive director in making recommendations to the county executive regarding County Fire Civil Service System rules and policies. (4) A secretary of a council shall: (a) keep a record of all council meetings, work, and official acts; (b) have custody of the council's books and records; and (c) perform other service as required by the council. (5) Each executive director shall: (a) each December, make an annual report to the county executive and the county legislative body; and (b) make other reports as required by the county executive regarding the activities of the council and County Fire Civil Service System. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-506 County Fire Civil Service System rules and policies.

17-76-506. County Fire Civil Service System rules and policies. (1) The executive director shall recommend policies for the County Fire Civil Service System, which shall be subject to approval by the county legislative body. (2) The County Fire Civil Service System policies shall provide for recruiting activities, including the recruiting of minorities and women, job-related minimum requirements, selection procedures, certification procedures, appointments, probationary periods, promotion, position classification, recordkeeping, reductions in force, grievances and complaints, disciplinary action, work hours, holidays, and other necessary and proper requirements not inconsistent with this part. (3) The executive director shall publish or cause to be published policies made or adopted under this section in a manual form, to be updated regularly and made available to fire department employees. (4) The County Fire Civil Service System shall be established and administered in a manner that will provide for the effective implementation of the following merit principles: (a) recruiting, selecting, and advancing employees on the basis of the employee's relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment; (b) provision of equitable and adequate job classification and compensation systems, including pay and benefits programs; (c) training of employees as needed to assure high-quality performance; (d) retention of employees on the basis of the adequacy of the employee's performance and separation of employees whose inadequate performance cannot be corrected; (e) fair treatment of applicants and employees in all aspects of personal administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens; (f) provision of information to employees regarding the employee's political rights and prohibited practices under the Hatch Act; and (g) provision of a formal procedure for processing the appeals and grievances of employees without discrimination, coercion, restraint, or reprisal. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-507 Appointment of county fire department personnel -- Volunteers.

17-76-507. Appointment of county fire department personnel -- Volunteers. (1) (a) Except for the chief and deputy chief of a county fire department, all firefighter positions in county fire departments shall be filled by individuals appointed from a certified county fire civil service register. (b) County fire civil service registers for employment and promotion shall be prepared by the executive director according to the requirements of this part and civil service policies. (2) (a) The chief and the deputy chief of any county fire department may be appointed from either the certified county fire civil service register or from qualified applicants outside of the county civil service system. (b) The positions of chief and deputy chief are exempt from civil service status. (c) A chief or deputy chief who is appointed from the certified county fire civil service register shall be returned to the civil service status that the individual held before the individual's appointment after the individual's appointment expires or terminates. (3) (a) All individuals employed as firefighters, emergency medical technicians, or a combination of firefighter and emergency medical technician: (i) are subject to this part; and (ii) shall be members of the County Fire Civil Service System. (b) Other fire department employees who do not provide firefighter services are not considered subject to this part and are subject to the merit system described in Chapter 75, General County Personnel Management. (4) (a) A volunteer firefighter or paid-call firefighter is not subject to this part and is not a merit employee subject to the County Fire Civil Service System. (b) (i) Except as provided in Subsection (4)(b)(ii), a volunteer or paid-call firefighter may not work more than 1,040 hours per calendar year. (ii) Notwithstanding Subsection (4)(b)(i), a wildland firefighter may work more than 1,040 hours per calendar year if approved by the county legislative body. (iii) For purposes of this Subsection (4)(b), "wildland firefighter" means a seasonally employed firefighter who does not receive the same employment benefits as a full-time employee and who is hired to suppress wildland fires in areas outside of inhabited, urban areas. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-508 Examinations.

17-76-508. Examinations. (1) (a) An individual may not be appointed to any civil service position as a firefighter in any fire department subject to the provisions of this part until the firefighter has successfully passed an examination and been certified as eligible for consideration by the executive director. (b) Any honorably discharged veteran of the United States military service shall receive preferential employment consideration for entry into the County Fire Civil Service System. (2) All examinations shall be public, competitive, and free and fairly test the ability of applicants to discharge the duties of the position. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-509 Eligible appointees -- Certification of eligible appointees -- Probationary period.

17-76-509. Eligible appointees -- Certification of eligible appointees -- Probationary period. (1) The fire chief of each fire department of counties subject to the provisions of this part shall, subject to the policies of the council, appoint from the certified county fire civil service register, all individuals necessary to fill all firefighter civil service positions in the county fire department. (2) (a) The fire chief of each county fire department shall notify the executive director of all positions to be filled in the department when the need arises. (b) After receiving the notice described in Subsection (2)(a), the executive director shall, as soon as possible, certify from the certified county fire civil service register to the head of the fire department the appropriate number of persons, consistent with adopted rules. (3) Appointments from the certified register shall be placed on probation under conditions and for a period as prescribed by council rules. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-510 Vacancies in civil service positions.

17-76-510. Vacancies in civil service positions. Any vacancy occurring in any county fire civil service position in any county fire department subject to this part shall be filled by an employee of the department having a lesser, equal, or superior position than that in which the vacancy occurs if that employee submits to examination for the position, is found qualified, and is certified by the executive director as provided in this part. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-511 Temporary work -- Term or period.

17-76-511. Temporary work -- Term or period. (1) Subject to Subsection (2), the head of any county fire department coming within the provisions of this part may, with the advice and consent of the county legislative body, appoint to any position or place of employment in the fire department, any individual for temporary work without making the appointment from the certified civil service list. (2) An appointment described in Subsection (1) may not be longer than one month in the aggregate in the same calendar year. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-512 Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings -- Appeal to district court.

17-76-512. Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings -- Appeal to district court. (1) An individual holding a position under this part may be removed from office or employment, reduced in rank or grade, or otherwise disciplined by the fire chief for: (a) misconduct; (b) incompetency; (c) failure to perform employment duties; (d) failure to properly observe the rules of the office or department in which the individual is employed; or (e) for other cause, as set out in council policies. (2) (a) Any disciplinary action described in Subsection (1) is subject to appeal in all cases by the aggrieved party to the council in the manner established by rule. (b) After an appeal described in Subsection (2)(a) is filed the council shall, as soon as practicable, hear and determine the matter. (3) (a) If the council determines that it is in the best interest of the county, the county legislative body may appoint an administrative law judge, trained and experienced in personnel matters, to initially hear the matter. (b) Upon hearing, the administrative law judge shall make findings of fact and a recommendation to the council. (c) The council may: (i) adopt or reject the recommendation of the administrative law judge; or (ii) request that the administrative law judge hold further factual hearings prior to the council's decision. (4) The council may then affirm, modify, vacate, or set aside the order for disciplinary action. (5) The aggrieved party shall, upon demand, be granted a public hearing, at which the aggrieved party may appear in person or by counsel or both. (6) (a) After the hearing, the findings and determination of the council shall be certified to the head of the county fire department from whose order the appeal is taken. (b) Notice in writing of the determination of the council shall be served upon the individual affected. (7) The council determination shall be enforced and followed by the head of the fire department until an appeal is taken to the district court by any affected individual. (8) (a) An individual aggrieved by a determination of the council described in Subsection (6) may, within 30 days after notice of the council's determination, file an action in the district court of the county or in the county of the aggrieved individual's residence, against the council in the council's official capacity, setting out the individual's grievance and right to complain. (b) In the council's answer to the complaint described in Subsection (8)(a), the council may set out any matter in justification. (9) The court shall determine the issues of both questions of law and fact and may affirm, set aside, or modify the council ruling. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter76/17-76-P5.html?v=C17-76-P5_2025110620251206Fetched: 10/26/2026