Title 7, Title 7

For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as "sheriff of the city and county of ...." and each poli…

"Employee" or "subordinate employee" means but is not limited to any officer or patrol officer of the city or town police department, any deputy of the county sheriff's office, or any person employed as a clerk, dispatcher, or secretary by the department of public safety or so em…

In all cases involving the discharge or the termination of employment of any subordinate employee by the director of the department of public safety, such employee is entitled to a full hearing as provided in this part, except that those employees covered under collective bargain…

(1) A director appointed by the public safety commission shall at the time of the discharge or termination of the employment of any subordinate employee provide the employee with a written statement, subscribed and sworn to by the director, setting forth the cause or causes for t…

(1) A director who is elected shall at the time of the discharge or termination of employment of any subordinate employee be required to follow the procedures of notice required of an appointed director. (2) Any employee discharged or terminated by an elected director is entitled…

If an employee prevails in an appeal to the district court, the employee is entitled to be reinstated to the same position previously held and at the same salary received prior to discharge or termination by the director.

(1) (a) A department of public safety may establish a work period other than the workweek provided in 7-32-2111 or 39-3-405 for determining when an employee may be paid overtime. (b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.…

(1) The department of public safety shall be under the supervision of a public safety commission. (2) The commission shall consist of three, five, or seven members. Each member of the commission shall serve a 4-year term and shall be appointed as provided in 7-32-121 through 7-32…

(1) Upon the creation of a three-member commission: (a) one member must be appointed by the legislative body of the city or town; (b) one member must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of county comm…

(1) Upon the creation of a five-member commission: (a) two members must be appointed by the legislative body of the city or town; (b) two members must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of county com…

(1) Upon the creation of a seven-member commission: (a) three members must be appointed by the legislative body of the city or town; (b) three members must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of count…

Each commission member shall reside at the time of appointment within the county if selected by the board of county commissioners or within the city or town by which appointed.

(1) In case of a vacancy for any cause, a new member must be appointed in the same manner as the person replaced. The appointee shall serve out the unexpired portion of the term of the person replaced. (2) The successor for a commission member whose term has expired must be appoi…

(1) Not later than 60 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners and the legislative body of the city or town. (2) At the first meeting of the commission, the membe…

Meetings of the commission must be held upon call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the commission members. Hearings in all cases involving employee discharge or termination must be held upo…

Members of a public safety commission shall receive no compensation but may receive actual and necessary travel and other expenses incurred in the performance of official duties. Such costs shall be borne by the county if the commission member is appointed by the board of county …

As used in this part, the following definitions apply: (1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform but is not limited to the performance of such functions as civil defense, search and rescue, office duties, cro…

(1) A reserve officer may not participate in any pension or retirement system established for full-time law enforcement officers. (2) An auxiliary officer may not participate in any pension or retirement system established for full-time law enforcement officers.

(1) Each law enforcement agency that utilizes reserve officers or special services officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency. The law enforcement agencies shall pay to the insur…

When the sheriff is committed under an execution or commitment for not paying over money received by virtue of the sheriff's office and remains committed for 60 days, the office is vacant.

(1) The sheriff, as soon as possible after taking office, shall, except in counties with a population of less than 750, appoint an undersheriff to serve at the pleasure of the sheriff. The undersheriff has the same powers and duties as a deputy sheriff. (2) A deputy sheriff appoi…

(1) A sheriff may not employ an individual as a deputy sheriff unless the individual: (a) is a graduate of an accredited high school or the equivalent; (b) is of good moral character; (c) has never been convicted of a felony; (d) has not within 5 years immediately preceding the d…

Any person whose term of employment as a deputy sheriff commences subsequent to March 2, 1967, shall serve a 1-year probationary period, and during this 1-year period the employment of any such deputy may be terminated by the sheriff with or without cause and without recourse to …

(1) It shall be the duty of the sheriff to cause all deputies whose term of employment commenced subsequent to March 2, 1967, to attend that academy provided for by Title 44, chapter 10, except that the sheriff may accept reasonable delays in attendance at the academy as shown by…

(1) A deputy sheriff shall continue in service until relieved of employment in the manner provided in this part and only for good cause as defined in 39-2-903. (2) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating deput…

When a sheriff terminates the employment of a deputy, the sheriff shall at the time of termination cause to be served upon the deputy a statement in writing setting forth the cause or causes for the discharge or termination of the deputy's employment.

(1) A deputy sheriff whose employment is terminated has a right of appeal: (a) to the district court of the county where the deputy was employed; or (b) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the deputy sheriff is covered …

A local government may authorize reserve officers. A person who meets minimum standards for appointment as a peace officer may be appointed as a reserve officer.

In the event that a termination is reversed or modified, the deputy must be reinstated as a deputy sheriff at the same salary received by the deputy prior to the discharge or termination of employment. The deputy is also entitled to rights that might have accrued to the deputy's …

A person employed as a deputy sheriff of a county having a taxable valuation of $30 million or more may not be required to work in excess of 40 hours a week except in case of an emergency and is entitled to 2 days off in each 7-day period.

The provisions of 7-32-301 through 7-32-303 shall not apply in cases of the officers listed in 7-32-301 summoning a posse forthwith to quell public disturbance or domestic violence.

(1) A deputy sheriff who is injured in the performance of the deputy sheriff's duties and who requires medical or other remedial treatment for injuries that render the deputy sheriff unable to perform the deputy sheriff's duties must be paid by the county the difference between t…

(1) Whenever, in the opinion of the county and supported by a health care provider's opinion, the deputy sheriff is able to perform specified types of light duty, payment of the officer's partial salary amount under 7-32-2113 must be discontinued if the deputy sheriff refuses to …

A local government may not reduce the authorized number of full-time law enforcement officers through the appointment or utilization of reserve officers.

As used in this part, the following definitions apply: (1) "Detention center" means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center. (2) "Detention center administrator" mean…

The sheriff shall: (1) preserve the peace; (2) arrest and take before the nearest magistrate for examination all persons who attempt to commit or have committed a public offense; (3) prevent and suppress all affrays, breaches of the peace, riots, and insurrections that may come t…

Whenever a vacancy occurs in the office of sheriff, the undersheriff must in all things execute the office of sheriff until a sheriff is elected or appointed and duly qualified.

A sheriff who operates a detention center under 7-32-2121 may appoint deputy sheriffs or nonsworn individuals as detention center staff. A nonsworn individual appointed to the detention center staff need not receive the same salary as a deputy sheriff.

Service of a paper, other than a process, upon the sheriff may be made by delivering it to the sheriff, a deputy, or a person in charge of the office during office hours or, if none of the enumerated individuals is there, by leaving it in a conspicuous place in the office.

The board of county commissioners may purchase or lease motor vehicles from county funds for the use of the sheriff or any person employed by the sheriff and may also pay for the operation and maintenance of those vehicles from county funds.

(1) The board of county commissioners shall provide liability insurance for not more than one privately owned vehicle used by the sheriff, not more than one privately owned vehicle used by the undersheriff, and not more than one privately owned vehicle used by each deputy sheriff…

Any action for default or misconduct of a sheriff, an undersheriff, detention center staff, or a deputy may be prosecuted against the executors or administrators of the sheriff.

A sheriff who falsely represents to the board of county commissioners or governor the sheriff's actual traveling expenses in the performance of any official duty or causes to be paid to the sheriff from the state or any county treasury a sum exceeding the actual expenses in the p…

Any default, misfeasance, or malfeasance of an undersheriff is a breach of the condition of the bond given by the sheriff who appointed the undersheriff and is also a breach of the condition of the bond given by the undersheriff to the sheriff.

To be appointed a reserve officer, a person: (1) must have resided in the state continuously for at least 1 year prior to the appointment and in the county where the appointment is made for a period of at least 6 months prior to the date of the appointment; (2) must be a citizen …

If on demand the sheriff neglects or refuses to pay any money to the person entitled to money that may come into the sheriff's possession by virtue of office, after deducting legal fees, the person may recover the amount with 25% damages and interest at the rate of 10% a month fr…