Deputy Sheriff Merit System

Utah Code tit. 17, ch. 17-76, pt. 17-76-P2

in effect

Utah Code § 17-76-201 Definitions.

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 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) "Member" means an individual appointed to the merit commission in accordance with Section 17-76-203. (7) "Merit system officer" means a peace officer who has merit status as defined in this part. (8) "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) "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) "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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-202 Applicability.

17-76-202. Applicability. (1) This chapter 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. (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) 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-203 Establishment of merit system commission -- Appointment, qualifications, and compensation of members.

17-76-203. 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 in accordance with Subsection (1)(b). (b) (i) 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 county legislative body; and (B) one member shall be appointed by the governing body of the police interlocal entity. (ii) 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 county legislative body; and (B) one member shall be appointed by the board of trustees of the police special district. (iii) For each other county, all three members shall be appointed by the county legislative body. (c) Of the original members appointed in accordance with Subsection (1)(b): (i) one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment; (ii) one member shall be appointed for a term ending two years after the date the term ends for the member described in Subsection (1)(c)(i); and (iii) one member shall be appointed for a term ending four years after the date the term ends for the member described in Subsection (1)(c)(i). (d) Upon the expiration of a member's term, a successor shall be appointed for a term of six years. (e) Appointment of a successor to fill a vacancy resulting other than from expiration of term shall be for the unexpired portion of the term only. (2) A member shall: (a) be a citizen of the state; (b) have been a resident of the area governed by the commission not less than five years before the date of appointment; and (c) hold no other office or employment under the governmental unit that appointed the member. (3) The county legislative body may: (a) compensate a member for service on the commission; and (b) reimburse a member for necessary expenses incurred in the performance of the member's duties. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-204 Duty of commission -- Provide for unspecified activities.

17-76-204. Duty of commission -- Provide for unspecified activities. (1) The commission shall be responsible for: (a) implementing this part; and (b) making all necessary rules: (i) not in conflict with this part; and (ii) as may be necessary to implement this part. (2) The commission shall make a rule for an activity within the purpose and spirit of this part that: (a) the commission deems necessary and proper; and (b) is not specifically provided by this part. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-205 Organization of commission -- Secretary -- Offices -- Job classification plan.

17-76-205. Organization of commission -- Secretary -- Offices -- Job classification plan. (1) Members shall select one member as chairperson of the commission. (2) (a) The county legislative bodyshall assign to the commission a qualified county employee to act as the commission's secretary. (b) The county employee described in Subsection (2)(a) shall: (i) be acceptable to the commission; and (ii) act and serve as secretary without additional compensation unless the county legislative body specifies additional compensation to be paid to the county employee. (3) The county legislative body shall provide suitable accommodations, supplies and equipment as needed to enable the commission to attend to commission business. (4) (a) The commission shall formulate a comprehensive job classification plan that: (i) includes all peace officers of the governmental unit; (ii) places all positions requiring substantially the same duties and qualifications in the same classification; (iii) specifies minimum physical and educational qualifications of the applicants for each position; (iv) provides standards for promotion; and (v) is the basis for implementing this part. (b) The commission shall adopt and may amend the comprehensive job classification plan described in Subsection (4)(a). (c) If a new position is created and approved by the county legislative body, the new position shall automatically be classified and become a part of the comprehensive job classification plan described in this Subsection (4). Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-206 Power of commission members to administer oaths and subpoena witnesses -- Rights of and fees for witnesses.

17-76-206. Power of commission members to administer oaths and subpoena witnesses -- Rights of and fees for witnesses. (1) (a) A member, in performing the member's duties, may administer oaths and subpoena witnesses and documents. (b) If an individual refuses to comply or fails to comply with a subpoena issued by a member, the district court may, at the member's request, compel the individual to comply with the subpoena. (2) A witness in a proceeding before a commission: (a) is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record; and (b) shall receive a witness fee from the commission, equivalent to those paid in a court of record. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-207 Examinations -- How prepared, conducted, and graded -- Notice of examination -- Preservation and inspection of examination papers.

17-76-207. Examinations -- How prepared, conducted, and graded -- Notice of examination -- Preservation and inspection of examination papers. (1) (a) When necessary, a commission shall administer a competitive examination for employment as a peace 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 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-208 Disqualification of applicant for examination -- Appeal to commission.

17-76-208. Disqualification of applicant for examination -- Appeal to commission. (1) The commission shall disqualify an applicant from taking an examination who: (a) does not meet advertised qualifications for peace officer; (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 the commission disqualifies an applicant in accordance with Subsection (1), the commission shall notify the applicant 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: (a) correct a defect in the applicant's application; or (b) appeal in writing to the commission the commission's decision to disqualify the applicant. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-209 Preparation and expiration of eligible register -- Appointments from eligible register -- Failure to accept appointment -- Probationary period.

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, 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 appointed under Subsection (2) shall serve a probationary period of 12 consecutive months, during which time the appointing authority may discharge the peace officer. (b) The probationary period shall be extended as necessary for a peace 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 remains in the position to which the peace officer was appointed after the expiration of the probationary period, the peace officer's retention constitutes appointment to merit status. (d) Service as a peace officer under a temporary or emergency appointment is not considered as part of the probationary period. (e) A peace officer removed during the peace officer's probationary period may not be placed on the eligible register again without having passed another regular examination. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-210 Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register.

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. (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) (i) After an examination for a promotion, the commission shall prepare a promotion register that takes precedence over an eligible register. (ii) The commission shall make the promotion register in the same manner as it makes an eligible register. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-211 Temporary appointment -- Emergency appointment.

17-76-211. Temporary appointment -- Emergency 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. (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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-212 Temporary layoffs -- Reemployment register.

17-76-212. Temporary layoffs -- Reemployment register. (1) A peace officer may be temporarily laid off: (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 layoff described in Subsection (1) shall be made according to the lowest rating of the peace 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-213 Transfer of merit system officer.

17-76-213. Transfer of merit system officer. A merit system officer may be transferred, without examination, from one position to a similar position in the same class and grade in the same governmental unit. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-214 Leave of absence -- Sick leaves and vacations.

17-76-214. Leave of absence -- Sick leaves and vacations. (1) The appointing authority, with the commission's approval, may grant a peace officer a leave of absence without pay for a period not to exceed one year. (2) If a peace 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 is elected sheriff, or is appointed chief deputy, the peace 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 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-215 Demotion, reduction in pay, suspension or discharge -- Grounds.

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 merit system officer shall 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-216 Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearing -- Findings.

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 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 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. (b) The courts may review questions of law and fact, and may affirm, set aside, or modify the ruling complained of. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-217 Prohibitions against political activities -- Penalties.

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. (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) This section 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) A merit system officer may not engage in political activity during the hours of employment. (5) An individual may not solicit political contributions from a merit system officer during hours of employment for political purposes. (6) This section does not preclude a merit system officer from voluntarily contributing to the party or candidate of the merit system officer's choice. 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-P2.html?v=C17-76-P2_2025110620251206Fetched: 10/26/2026