Title 17, Counties

17-76-203. Establishment of merit system commission -- Appointment, qualifications, and compensation of members. (1)(a) Each county with a population of 20,000 or more shall establish a merit system commission consisting of three members appointed in accordance with Subsection (1…

17-76-204. Duty of commission -- Provide for unspecified activities. (1) The commission shall be responsible for: (a) implementing this part; and (b) making all necessary rules: (i) not in conflict with this part; and (ii) as may be necessary to implement this part. (2) The commi…

17-76-205. Organization of commission -- Secretary -- Offices -- Job classification plan. (1) Members shall select one member as chairperson of the commission. (2)(a) The county legislative bodyshall assign to the commission a qualified county employee to act as the commission's …

17-76-206. Power of commission members to administer oaths and subpoena witnesses -- Rights of and fees for witnesses. (1)(a) A member, in performing the member's duties, may administer oaths and subpoena witnesses and documents. (b) If an individual refuses to comply or fails to…

17-76-207. Examinations -- How prepared, conducted, and graded -- Notice of examination -- Preservation and inspection of examination papers. (1)(a) When necessary, a commission shall administer a competitive examination for employment as a peace officer to determine the qualific…

17-76-208. Disqualification of applicant for examination -- Appeal to commission. (1) The commission shall disqualify an applicant from taking an examination who: (a) does not meet advertised qualifications for peace officer; (b) has been convicted of a criminal offense inimical …

17-76-209. Preparation and expiration of eligible register -- Appointments from eligible register -- Failure to accept appointment -- Probationary period. (1)(a) Upon completion of an examination, the commission shall make an eligible register that contains the names of all appli…

17-76-210. Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register. (1)(a) When there is a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional, or expert character, the c…

17-76-211. Temporary appointment -- Emergency appointment. (1) An appointing authority may make a temporary appointment for a period not exceeding 60 days, pending examination, when there is no existing eligible, promotion, or re-employment register. (2)(a) An appointing authorit…

17-76-212. Temporary layoffs -- Reemployment register. (1) A peace officer may be temporarily laid off: (a) when the appointing authority determines it is necessary because of lack of funds or work; and (b) with the commission's approval. (2) A layoff described in Subsection (1) …

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.

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 …

17-76-215. Demotion, reduction in pay, suspension or discharge -- Grounds. (1) A merit system officer holding a permanent appointment may be demoted, reduced in pay, suspended, or discharged for: (a) neglect of duty; (b) disobedience of a reasonable order; (c) misconduct; (d) ine…

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 17-76-2…

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…

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 …

17-76-302. 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.

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 l…

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 memb…

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…

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 o…

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 exam…

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 o…

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 whic…

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…

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 comm…

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)…

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 …

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 clas…

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 regulati…

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 Subsectio…

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 …

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 …

17-76-401. Definitions. As used in this section: (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…

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 engage…

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, …

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

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…

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…

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…

17-76-505. Duties of executive director -- Duties of secretary. (1)(a) Within each county subject to this part, there is created the office of executive director of county fire civil service, who shall be appointed by the county executive. (b) The executive director shall: (i) be…

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…

17-76-507. Appointment of county fire department personnel -- Volunteers. (1)(a) Except for the chief and deputy chief of a county fire department, all firefighter positions in county fire departments shall be filled by individuals appointed from a certified county fire civil ser…

17-76-508. Examinations. (1)(a) An individual may not be appointed to any civil service position as a firefighter in any fire department subject to the provisions of this part until the firefighter has successfully passed an examination and been certified as eligible for consider…

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…