17-76 - County Emergency Personnel Management
Title 17 > 17-76
Sections (53)
General Provisions
17-76-101 - Definitions.
Enacted by Chapter 14, 2025 Special Session 1
17-76-102 - Applicability.
Enacted by Chapter 14, 2025 Special Session 1
17-76-103 - Severability.
(1) If any section or provision of this chapter is declared unconstitutional or void, the fact of such holding shall in no wise affect those sections and provisions not held unconstitutional or void and which can be retained in effect without the provision declared unconstitutional and void.
(2) If any provision of this chapter or the application of this chapter is found to be in conflict with any state or federal law, conflict with which would impair funding otherwise receivable from the state or federal government, the conflicting provision is hereby declared to be inoperative solely to the extent of the conflict and with respect to the department, agency, or institution of the county directly affected.A conflict with state or federal law described in Subsection (2)(a) does not affect the operation of the remainder of this chapter.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Deputy Sheriff Merit System
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:under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a county of the first class is a party; andto 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: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; andthat 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
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:appoint peace officers and fill vacant positions for peace officers: with the advice and consent of the county legislative body;subject to the rules of the merit service commission; andfrom the classified merit service list furnished by the merit service commission; andpromote, 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: fully qualified for such position without examination or test; andto 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: the county legislative body approves the deputy sheriff merit system; orthe people of the county through referendum or initiative approve the deputy sheriff merit system.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-203 - Establishment of merit system commission — Appointment, qualifications, and compensation of members.
(1) 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).For a county in which a police interlocal entity is created, whether or not a police special district is also created in the county:two members shall be appointed by the county legislative body; andone member shall be appointed by the governing body of the police interlocal entity.For a county in which a police special district is created but in which a police interlocal entity has not been created:two members shall be appointed by the county legislative body; andone member shall be appointed by the board of trustees of the police special district.For each other county, all three members shall be appointed by the county legislative body.Of the original members appointed in accordance with Subsection (1)(b): one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment;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); andone 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).Upon the expiration of a member’s term, a successor shall be appointed for a term of six years.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: be a citizen of the state;have been a resident of the area governed by the commission not less than five years before the date of appointment; andhold no other office or employment under the governmental unit that appointed the member.
(3) The county legislative body may: compensate a member for service on the commission; andreimburse a member for necessary expenses incurred in the performance of the member’s duties.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-204 - Duty of commission — Provide for unspecified activities.
(1) The commission shall be responsible for: implementing this part; andmaking all necessary rules: not in conflict with this part; andas 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:the commission deems necessary and proper; andis not specifically provided by this part.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-205 - Organization of commission — Secretary — Offices — Job classification plan.
(1) Members shall select one member as chairperson of the commission.
(2) The county legislative bodyshall assign to the commission a qualified county employee to act as the commission’s secretary.The county employee described in Subsection (2)(a) shall: be acceptable to the commission; andact 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) The commission shall formulate a comprehensive job classification plan that:includes all peace officers of the governmental unit;places all positions requiring substantially the same duties and qualifications in the same classification;specifies minimum physical and educational qualifications of the applicants for each position;provides standards for promotion; andis the basis for implementing this part.The commission shall adopt and may amend the comprehensive job classification plan described in Subsection (4)(a).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
17-76-206 - Power of commission members to administer oaths and subpoena witnesses — Rights of and fees for witnesses.
(1) A member, in performing the member’s duties, may administer oaths and subpoena witnesses and documents.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: is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record; andshall 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
17-76-207 - Examinations — How prepared, conducted, and graded — Notice of examination — Preservation and inspection of examination papers.
(1) When necessary, a commission shall administer a competitive examination for employment as a peace officer to determine the qualification of applicants .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.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) Notice of examination shall be:published one time not less than 15 days before the examination in a newspaper of general circulation in the area concerned; andpublished, in accordance with Section 45-1-101, for 15 days before the examination; andposted in a conspicuous place in the office of the appointing authority’s department.The notice shall set forth minimum and maximum wages, physical and educational requirements, and passing grades that are not less than 70% correct answers.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: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); andthe 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
17-76-208 - Disqualification of applicant for examination — Appeal to commission.
(1) The commission shall disqualify an applicant from taking an examination who:does not meet advertised qualifications for peace officer;has been convicted of a criminal offense inimical to the public service, or involving moral turpitude;has practiced or attempted deception or fraud in the applicant’s application or examination, or in securing eligibility for appointment; oris not:a citizen of the United States; ora lawful permanent resident of the United States who:has been in the United States legally for the five years immediately before the day on which the application is made; andhas 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: correct a defect in the applicant’s application; orappeal in writing to the commission the commission’s decision to disqualify the applicant.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-209 - Preparation and expiration of eligible register — Appointments from eligible register — Failure to accept appointment — Probationary period.
(1) 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.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.When the commission makes a new eligible register, previous eligible registers for the same class or position are automatically canceled.
(2) When a peace officer is to be appointed, the appointing authority shall request that the commission certify three eligible applicants for the position.After the appointing authority makes a request described in Subsection (2)(a):the commission shall certify to the appointing authority the names of the three applicants standing highest on the eligible register; andthe appointing authority shall select and appoint one of the three applicants the commission certifies.If an applicant described in Subsection (2)(b)(ii) does not accept the appointing authority’s offer of appointment, the applicant may, in writing:request that the applicant retain the applicant’s place on the eligible register; andprovide reasons sufficient, in the judgment of the commission, to justify the applicant’s rejection of the appointing authority’s offer of appointment.
(3) 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.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.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.Service as a peace officer under a temporary or emergency appointment is not considered as part of the probationary period.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
17-76-210 - 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 public hearing and by unanimous vote of the commission, suspend competition regarding the position upon satisfactory evidence that: competitive hiring is impracticable; andthe position can best be filled by the selection of an individual of recognized attainments.When the commission suspends competitive hiring, the commission shall report the reason for suspending competitive hiring in the commission’s annual reports.
(2) The appointing authority shall fill vacancies occurring in the merit system classification by promotion if possible.A promotion shall be made only after an examination, with admission to the examination limited to merit system officers.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.An examination for a promotion shall not combine the weights of service rating and seniority to more than 40% of the whole examination.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.After an examination for a promotion, the commission shall prepare a promotion register that takes precedence over an eligible register.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
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) An appointing authority may make an emergency appointment for a period not exceeding seven days.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: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; andthe work to be performed is necessary to expedite the public business.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-212 - Temporary layoffs — Reemployment register.
(1) A peace officer may be temporarily laid off:when the appointing authority determines it is necessary because of lack of funds or work; andwith 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
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
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
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:neglect of duty;disobedience of a reasonable order;misconduct;inefficiency, or inability to satisfactorily perform assigned duties; orany 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
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:file written charges with the commission; andserve the merit system officer with a copy of the written charges.
(2) 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.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.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) The commission shall:fix a time and place for a hearing upon the charges or appeal of a merit system officer grievance; andgive notice of the hearing to the parties.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.A hearing may be held more than 90 days after an appeal or grievance is filed if:the merit system officer and employer agree; orthe commission determines there is good cause to delay the hearing.
(4) If the aggrieved merit system officer so desires, the hearing shall be public.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) 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.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
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
Peace Officer Merit System in Counties of the First Class
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:under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a county of the first class is a party; andto 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
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
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: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;appoint each subordinate peace officer;fill a vacancy in the department; andfurther 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
17-76-304 - Establishment of merit commission — Appointment, qualifications, and compensation of members.
(1) Except as provided in Subsection (1)(b), a county subject to this chapter shall establish a merit system commission consisting of three appointed members:two members appointed by the legislative body of the county; andone member appointed by the governing body of a police interlocal entity.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).Of the original appointees described in Subsection (1)(a) or (b): one member shall be appointed for a term ending February 1 of the first odd-numbered year after the date of appointment;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); andone 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).For a term after a term described in Subsection (1)(c), a commission member shall hold a term of six years.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:shall be a resident of the state;for at least five years before the date of appointment, shall be a resident of:the county; orif applicable, the area served by the police interlocal entity from which appointed; andmay 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: compensate a member for service on the commission; andreimburse the member for necessary expenses incurred in the performance of the member’s duties.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-305 - General duty — Creation of comprehensive job classification plan — Oaths and subpoenas — Provide for unspecified activities.
(1) The commission:is responsible for carrying out the provisions of this chapter; andshall make necessary rules and regulations to govern the merit system in accordance with this part, including:adopting merit rules regarding:appointments and registers;examinations;promotions;reassignments;reappointments;disciplinary grievance procedures;administrative reviews;recognition of the equivalency of another merit system for the purpose of appointing a peace officer from another agency; andreductions in force;adopting a rule regarding the preparation of a job classification plan; andadopting 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) The commission shall formulate a comprehensive job classification plan covering all merit system officers employed by the sheriff or by the police interlocal entity.The job classification plan shall:place all positions requiring substantially the same duties and qualifications in the same classification;include minimum physical and educational qualifications of the applicants for each position; andprovide standards for promotion.If a new position is created and approved, the commission shall classify the position in the job classification plan.
(4) A member of the commission, in performance of commission duties, may administer oaths and subpoena witnesses and documents.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 witness in a proceeding before the commission is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record.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:the commission deems is necessary and proper; andnot otherwise prohibited by law.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
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) The county sheriff or the chief executive of the police interlocal entity:shall assign human resources staff sufficient to perform the commission’s support duties; andmay assign other staff to the commission with the commission’s consent.The county or police interlocal entity shall provide suitable accommodations, supplies, and equipment as needed to enable the commission to attend to commission business.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
17-76-307 - Examinations — How prepared, conducted, and graded — Notice.
(1) If necessary, the commission shall give a competitive examination to determine the qualification of an applicant for a position as a merit system officer.The commission shall ensure that an examination:is practical in character; andrelates to matters that fairly test the mental and physical ability and knowledge of an applicant to discharge the duties of the position.Except as provided in Subsection (1)(c)(ii), the commission shall direct the preparation, administration, and grading of the examination.The commission may direct an impartial special examiner to prepare, administer, and grade the examination on behalf of the commission.
(2) The commission shall publish notice of an examination internally and to the public.The commission shall design the notice described in Subsection (2)(a) to encourage an applicant to participate in competitive appointments.The notice shall describe minimum qualifications, pay scale, physical and educational requirements, and passing grades.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
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:does not meet minimum qualifications;has been convicted of a criminal offense inimical to the public service or involving moral turpitude;has practiced or attempted deception or fraud in the application or examination process or in securing eligibility for appointment; oris not:a citizen of the United States; ora lawful permanent resident of the United States who:has been in the United States legally for the five years immediately before the day on which the application is made; andhas 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
17-76-309 - Preservation and inspection of examination papers.
(1) Examination papers and related documents: are the commission’s property; andthe commission shall preserve examination papers and related documents until the expiration of the eligible register for which an examination is given.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) Except as provided in Subsection (2)(b), examination papers and related documents are not open to public inspection without a court order.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.The appointing authority may inspect the papers of any eligible applicant certified for appointment.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
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) 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.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) The commission shall certify, to the appointing authority, a number of names equal to three times the number of allocations being filled.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:may request in writing that the applicant be able to retain the applicant’s place on the eligible appointment register; andshall 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) 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.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.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
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: competitive hiring is impracticable; andthe 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 department shall make a promotion only after an open competitive examination, admission to which shall be limited to merit system officers.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.The seniority element of the promotion examination may not exceed 40% of the entire examination score.
(5) After a promotional examination, the commission shall prepare a promotional eligible appointment register that shall take precedence over any previously existing eligible appointment register.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
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
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) 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.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
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
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
17-76-316 - Reappointment after temporary leave.
(1) 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.Leave granted under Subsection (1)(a) is without pay and for a period not to exceed one year.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) 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.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
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:neglect of duty;disobedience of a reasonable order;misconduct;inefficiency or inability to satisfactorily perform assigned duties; oran 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:may impose disciplinary charges in accordance with a rule, policy, ordinance, or law; andshall serve the merit system officer to be disciplined with a copy of the written charges.
(5) A disciplined merit system officer may file an appeal of the disciplinary charges with the department, which shall conduct the appeal internally.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 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.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) The commission shall:fix a time and place for a hearing on the appeal; andgive notice of the hearing to the parties.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.The commission may hold a hearing more than 90 days after the day on which an appeal is filed if:the parties agree; orthe commission finds that the delay is for good cause.The commission shall hold the hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act.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.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 person shall file a notice of appeal within 30 days of the issuance of the final action or order of the commission.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
17-76-318 - Prohibitions against political activities — Penalties.
(1) 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.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) 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.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
Provisions Unique to Law Enforcement Officers
17-76-401 - Definitions.
(1) “Commission” means the same as that term is defined in Sections 17-76-201 and 17-76-301.
(2) “Nonexempt employee” means a county employee who is nonexempt under the requirements of the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(3) “Overtime” means hours worked in excess of a nonexempt employee’s work period.
(4) “Regular hourly rate” means the hourly rate of pay a nonexempt employee receives for hours worked during a work period.
(5) “Work period” means the maximum number of hours, within a specified number of consecutive days, that a nonexempt employee may work before the nonexempt employee is compensated for overtime.
Enacted by Chapter 14, 2025 Special Session 1
17-76-402 - Applicability — Overtime for law enforcement personnel — Exception.
(1) This section does not apply to a county subject to Part 3, Peace Officer Merit System in Counties of the First Class.
(2) The legislative body of a county that employs a nonexempt employee engaged in law enforcement activities may, except as otherwise required by a contract or a collective bargaining agreement, enact an ordinance or pass a resolution that:designates a work period for the nonexempt employee that is the same as, or equivalent to, a work period described in Subsection 63A-17-502(2); andcompensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee’s regular hourly rate.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-76-403 - Appointment of more than one deputy.
(1) The sheriff, with the consent of the commission and the county legislative body, may appoint more than one chief deputy, deputy chief, or undersheriff.
(2) In counties employing more than 100 full time uniformed peace officers, the appointing authority, with the consent of the merit commission and the county legislative body, may appoint more than one chief deputy or undersheriff.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Firefighters’ Civil Service Commission
17-76-501 - Definitions.
(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
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:one member for a period of one year;one member for a period of two years; andone member for a period of three years.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
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) Each council member shall receive $50 for each meeting of the council attended by the council member.The county legislative body may raise the compensation of a council member as the county legislative body considers appropriate.The compensation and allowance described in Subsections (3)(a) and (b) shall be a charge against the county and paid monthly.
(4) 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.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
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
17-76-505 - Duties of executive director — Duties of secretary.
(1) 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.The executive director shall: be an individual with proven experience in personnel management; andbe accountable to the county executive for the executive director’s performance in office.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: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;classify individuals successfully passing examinations in the order of each individual’s ascertained merit and prepare a list of the individuals;make certification of classifications when required;make, publish, and distribute necessary rules relative to examinations, classifications, and certifications as may be proper and desirable in the administration of this part;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;make necessary and proper reports to the council, the fire chief, or the county executive;apply and carry out this part and the policies and rules adopted under this part; andperform 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:keep a record of all council meetings, work, and official acts;have custody of the council’s books and records; andperform other service as required by the council.
(5) Each executive director shall:each December, make an annual report to the county executive and the county legislative body; andmake 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
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: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;provision of equitable and adequate job classification and compensation systems, including pay and benefits programs;training of employees as needed to assure high-quality performance;retention of employees on the basis of the adequacy of the employee’s performance and separation of employees whose inadequate performance cannot be corrected;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;provision of information to employees regarding the employee’s political rights and prohibited practices under the Hatch Act; andprovision 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
17-76-507 - Appointment of county fire department personnel — Volunteers.
(1) 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.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) 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.The positions of chief and deputy chief are exempt from civil service status.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) All individuals employed as firefighters, emergency medical technicians, or a combination of firefighter and emergency medical technician: are subject to this part; andshall be members of the County Fire Civil Service System.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 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.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.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.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
17-76-508 - Examinations.
(1) 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.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
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) 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.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
17-76-510 - Vacancies in civil service positions.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
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
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: misconduct;incompetency;failure to perform employment duties;failure to properly observe the rules of the office or department in which the individual is employed; orfor other cause, as set out in council policies.
(2) 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.After an appeal described in Subsection (2)(a) is filed the council shall, as soon as practicable, hear and determine the matter.
(3) 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.Upon hearing, the administrative law judge shall make findings of fact and a recommendation to the council.The council may: adopt or reject the recommendation of the administrative law judge; orrequest 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) 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.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) 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.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