Peace Officer Merit System in Counties of the First Class

Utah Code tit. 17, ch. 17-76, pt. 17-76-P3

in effect

Utah Code § 17-76-301 Definitions.

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) "Legislative body" means the county legislative body or the governing body of the police interlocal entity. (7) "Merit system officer" means a peace officer who has merit status as defined in this part. (8) "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) "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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-302 Applicability.

17-76-302. Applicability. 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-303 Subordinate peace officers appointed, reappointed.

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 shall: (a) appoint a peace officer with the advice and consent of the county legislative body or police interlocal entity governing body, subject to the commission's rules; (b) appoint each subordinate peace officer; (c) fill a vacancy in the department; and (d) further promote, transfer, reassign, reappoint, demote, suspend, or remove a peace officer in accordance with this part. (2) The commission shall adopt rules governing the appointment of peace officers through reappointment of a former employee who separated in good standing, within one year after separation. (3) A peace officer appointed before May 13, 2014, is considered to have been appointed to and hold the peace officer's position and classification in accordance with the provisions of this part. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-304 Establishment of merit commission -- Appointment, qualifications, and compensation of members.

17-76-304. Establishment of merit commission -- Appointment, qualifications, and compensation of members. (1) (a) Except as provided in Subsection (1)(b), a county subject to this chapter shall establish a merit system commission consisting of three appointed members: (i) two members appointed by the legislative body of the county; and (ii) one member appointed by the governing body of a police interlocal entity. (b) If there is no police interlocal entity within the county, the county legislative body shall appoint all three members of a commission described in Subsection (1)(a). (c) (i) Of the original appointees described in Subsection (1)(a) or (b): (A) one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment; (B) 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)(A); and (C) 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)(A). (ii) For a term after a term described in Subsection (1)(c), a commission member shall hold a term of six years. (d) If an appointed position described in Subsection (1)(a) or (b) is vacated for a cause other than expiration of the member's term, the position is filled by appointment for the unexpired portion of the term only. (2) A member of the commission: (a) shall be a resident of the state; (b) for at least five years before the date of appointment, shall be a resident of: (i) the county; or (ii) if applicable, the area served by the police interlocal entity from which appointed; and (c) may not hold another office or employment with the county or, if applicable, in a municipality served by the police interlocal entity for which the member is appointed. (3) The county legislative body or interlocal entity governing body may: (a) compensate a member for service on the commission; and (b) reimburse the 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 § 17-76-305 General duty -- Creation of comprehensive job classification plan -- Oaths and subpoenas -- Provide for unspecified activities.

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 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-306 Organization of commission -- Support -- Offices.

17-76-306. Organization of commission -- Support -- Offices. (1) The members of a commission shall select one member as chair. (2) The commission shall adopt rules concerning the commission's internal organization and procedures. (3) (a) The county sheriff or the chief executive of the police interlocal entity: (i) shall assign human resources staff sufficient to perform the commission's support duties; and (ii) may assign other staff to the commission with the commission's consent. (b) The county or police interlocal entity shall provide suitable accommodations, supplies, and equipment as needed to enable the commission to attend to commission business. (c) The county sheriff or chief executive of the police interlocal entity may, in accordance with the contracting process established by the county or police interlocal entity, contract support services to third parties. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-307 Examinations -- How prepared, conducted, and graded -- Notice.

17-76-307. Examinations -- How prepared, conducted, and graded -- Notice. (1) (a) If necessary, the commission shall give a competitive examination to determine the qualification of an applicant for a position as a merit system officer. (b) The commission shall ensure that an examination: (i) is practical in character; and (ii) relates to matters that fairly test the mental and physical ability and knowledge of an applicant to discharge the duties of the position. (c) (i) Except as provided in Subsection (1)(c)(ii), the commission shall direct the preparation, administration, and grading of the examination. (ii) The commission may direct an impartial special examiner to prepare, administer, and grade the examination on behalf of the commission. (2) (a) The commission shall publish notice of an examination internally and to the public. (b) (i) The commission shall design the notice described in Subsection (2)(a) to encourage an applicant to participate in competitive appointments. (ii) The notice shall describe minimum qualifications, pay scale, physical and educational requirements, and passing grades. (c) The commission or the commission's designee shall promptly notify an applicant of the applicant's final grade. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-308 Disqualification of applicant for examination -- Appeal to commission.

17-76-308. Disqualification of applicant for examination -- Appeal to commission. (1) In accordance with this section and rules adopted by a commission, the commission may disqualify an applicant if the applicant: (a) does not meet minimum qualifications; (b) has been convicted of a criminal offense inimical to the public service or involving moral turpitude; (c) has practiced or attempted deception or fraud in the application or examination process or in securing eligibility for appointment; or (d) is not: (i) a citizen of the United States; or (ii) a lawful permanent resident of the United States who: (A) has been in the United States legally for the five years immediately before the day on which the application is made; and (B) has legal authorization to work in the United States. (2) If an applicant is rejected, the commission shall promptly notify the applicant. (3) At any time before the day on which the examination is held, an applicant may correct a defect in the applicant's application. (4) An applicant may file a written appeal regarding the application process with the commission at any time before the day on which the examination is held. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-309 Preservation and inspection of examination papers.

17-76-309. Preservation and inspection of examination papers. (1) (a) Examination papers and related documents: (i) are the commission's property; and (ii) the commission shall preserve examination papers and related documents until the expiration of the eligible register for which an examination is given. (b) Preservation of examination papers and related documents after the time period described in Subsection (1)(a) is subject to a retention schedule adopted by the commission. (2) (a) Except as provided in Subsection (2)(b), examination papers and related documents are not open to public inspection without a court order. (b) An applicant may inspect the applicant's own papers at any time within 30 days after the commission sends notice of the applicant's grade. (c) The appointing authority may inspect the papers of any eligible applicant certified for appointment. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-310 Preparation and expiration of eligible appointment register -- Appointments from eligible appointment register -- Failure to accept appointment -- Probationary period.

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 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 described in Subsection (4)(b) and appoint one person 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 appointed under Subsection (5) shall serve a probationary period of 12 consecutive months, during which time the 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 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 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 is retained in a position after the expiration of the probationary period, the peace officer's retention constitutes appointment to merit status. (10) A person 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 from another jurisdiction. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-311 Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register.

17-76-311. Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register. (1) When there is a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional, or expert character, the commission may, after a public hearing and unanimous vote by the commission, suspend competition regarding the position upon satisfactory evidence that: (a) competitive hiring is impracticable; and (b) the position can best be filled by the selection of an individual of recognized attainments. (2) The commission shall report a suspension under Subsection (1) in the commission minutes, together with the reason for suspension. (3) With the exception of an appointment made in accordance with a commission rule adopted under Subsection 17-76-305(1)(b)(i)(H), a department shall fill a supervisor vacancy in the merit system classification by promotion insofar as possible. (4) (a) A department shall make a promotion only after an open competitive examination, admission to which shall be limited to merit system officers. (b) A promotion examination process described in Subsection (4)(a) shall include consideration of the seniority and competence of the merit system officer to perform the duties required in the position for which application is made. (c) The seniority element of the promotion examination may not exceed 40% of the entire examination score. (5) (a) After a promotional examination, the commission shall prepare a promotional eligible appointment register that shall take precedence over any previously existing eligible appointment register. (b) The certified promotional eligible appointment register shall consist of three names for the initial vacancy and one more name for each additional vacancy, ranked in the order of the examination score, beginning with the highest scoring applicant. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-312 Temporary and part-time appointment.

17-76-312. Temporary and part-time appointment. (1) A department may appoint an employee to a temporary appointment for a period not exceeding 120 days within any 12-month period. (2) A temporary employee is not a merit system officer and may be appointed without examination. (3) A department may appoint an employee to a part-time appointment for a period not to exceed 29 hours per week. (4) A part-time employee is not a merit system officer and may be appointed without examination. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-313 Temporary layoffs -- Reappointment register.

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 officer is laid off. (b) The eligible reappointment register described in Subsection (4)(a) takes precedence over all other eligible reappointment registers. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-314 Transfer and reassignment.

17-76-314. Transfer and reassignment. (1) A merit system officer may be transferred, without examination, from one position to a similar position in the same class and grade within the department. (2) A merit system officer may be voluntarily reassigned, including to another class and grade, in accordance with rules adopted by the commission. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-315 Vacation, sick leave, and other benefits.

17-76-315. Vacation, sick leave, and other benefits. For merit system officers, provisions regarding vacation, sick, other leave, or any other employment condition or benefit not covered by this chapter shall be established by: (1) applicable law; (2) county ordinance or regulation; or (3) police interlocal entity rule or regulation. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-316 Reappointment after temporary leave.

17-76-316. Reappointment after temporary leave. (1) (a) Consistent with policies adopted by the commission and within the appointing authority's discretion, a merit system officer may be granted a temporary leave of absence outside the department. (b) Leave granted under Subsection (1)(a) is without pay and for a period not to exceed one year. (c) In accordance with applicable law or ordinance, the appointing authority may reappoint the merit system officer without examination at the end of the leave. (2) (a) In the event a merit system officer is elected sheriff or is appointed to any merit-exempt position in the department, the merit system officer's merit system status shall automatically be suspended for the period of time the officer remains sheriff or in a merit-exempt appointment. (b) At the end of the period of election to sheriff or suspension of merit status under Subsection (2)(a), the merit system officer shall be returned to the merit system officer's former position as a merit system officer without examination. (3) The appointing authority shall authorize any leave required by federal law. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-317 Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review.

17-76-317. Disciplinary charges and merit system officer grievances -- Appeal to commission -- Hearings -- Findings -- Appeal to district court -- Scope of review. (1) An appointing authority may demote, suspend, discharge, or reduce a merit system officer's pay for: (a) neglect of duty; (b) disobedience of a reasonable order; (c) misconduct; (d) inefficiency or inability to satisfactorily perform assigned duties; or (e) an act inimical to public service. (2) A department may not suspend a merit system officer for more than 176 work hours at one time, or for more than 352 work hours in one year. (3) The appointing authority shall order the demotion, reduction in pay, suspension, or discharge of a merit system officer. (4) The appointing authority: (a) may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; and (b) shall serve the merit system officer to be disciplined with a copy of the written charges. (5) (a) A disciplined merit system officer may file an appeal of the disciplinary charges with the department, which shall conduct the appeal internally. (b) The department shall conduct an appeal in accordance with policies made by the appointing authority. (6) If the disciplinary charges are sustained on internal appeal, the merit system officer may appeal to the commission in accordance with the provisions of this section and commission policy. (7) (a) A merit system officer disciplined in accordance with Subsection (1) may, within 10 calendar days after the day on which the department makes the appeal decision described in Subsection (5), make an appeal in writing to the commission. (b) If the merit system officer fails to make an internal appeal of the disciplinary action, the merit system officer may not appeal to the commission. (8) The commission may hear appeals regarding demotion, reduction in pay, suspension, or discharge of a merit system officer for any cause provided in Subsection (1). (9) (a) The commission shall: (i) fix a time and place for a hearing on the appeal; and (ii) give notice of the hearing to the parties. (b) (i) Except as provided in Subsection (9)(b)(ii), the commission shall hold a hearing under this Subsection (9) no less than 10 and no more than 90 days after the day on which an appeal is filed. (ii) The commission may hold a hearing more than 90 days after the day on which an appeal is filed if: (A) the parties agree; or (B) the commission finds that the delay is for good cause. (c) (i) The commission shall hold the hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (ii) Notwithstanding Subsection (9)(c)(i), if the commission proposes to and is authorized to close the hearing to the public in accordance with Title 52, Chapter 4, Open and Public Meetings Act, the commission shall open the meeting to the public if the aggrieved merit system officer requests that the commission open the hearing. (d) The parties may be represented by counsel at the hearing. (10) The commission, on the commission's own motion or at the request of the appointing authority, may dismiss an appeal for unjustified delay, removal to a court or other venue, or for other good cause shown. (11) In resolving an appeal, the commission may sustain, modify, or vacate a decision of the appointing authority. (12) After the hearing described in Subsection (9), the commission shall publish a written decision, including findings of fact and conclusions of law, and shall notify each party. (13) A person may appeal a final action or order of the commission to the Court of Appeals for review. (a) A person shall file a notice of appeal within 30 days of the issuance of the final action or order of the commission. (b) The Court of Appeals shall base the court's review on the record of the commission and for the purpose of determining if the commission has abused the commission's discretion or exceeded the commission's authority. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-76-318 Prohibitions against political activities -- Penalties.

17-76-318. Prohibitions against political activities -- Penalties. (1) (a) An officer, employee, or member of a governing body of a county or a police interlocal entity, whether elected or appointed, may not directly or indirectly coerce, command, or advise a merit system officer to pay, lend, or contribute part of the merit system officer's salary or compensation or anything else of value to a party, committee, organization, agency, or person for political purpose. (b) A county or police interlocal entity officer, employee, or member of a governing body, whether elected or appointed, may not make or attempt to make a merit system officer's personnel status dependent upon the merit system officer's support or lack of support for a political party, committee, organization, agency, or person engaged in a political activity. (2) Subsection (1) does not apply to political speeches or use of mass communications media for political purposes by an individual where a merit system officer is present, unless the purpose and intent of the speaker is to violate this section with direct respect to those merit system officers. (3) (a) Except as provided in Subsection (3)(b), a merit system officer may not engage in a political activity or solicit political contributions from merit system officers during the hours of employment, or use employer resources at any time for political purposes. (b) Subsection (3)(a) does not preclude a voluntary contribution by a merit system officer 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-P3.html?v=C17-76-P3_2025110620251206Fetched: 10/26/2026