10-3-913. Authority of chief of police -- Oversight.

453 words·~2 min read·/ut/title-10/chapter-3/10-3-913

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2022

(1)The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to:

(a)suppress riots, disturbances, and breaches of the peace;

(b)apprehend all persons violating state laws or city ordinances;

(c)diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons;

(d)attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and

(e)select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102 .

(2)This section is not a limitation of a police chief's statewide authority as otherwise provided by law.

(3)The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.

(a)Notwithstanding Sections 10-3-918 and 10-3-919 , a municipality may not establish a board, committee, or other entity that:

(i)has authority independent of the chief of police; and

(A)has authority to overrule a hiring or appointment proposal of the chief of police;

(B)is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;

(C)has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police;

(D)is required to review or approve a police department's budget in order for the budget to take effect; or

(E)has authority to review or approve a contract the police department makes with a police union or other organization.

(b)Nothing in this Subsection

(4):

(i)limits the authority the Utah Code provides over the chief of police;

(ii)prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or

(iii)limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission .

(5)Subject to Subsection

(4), a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality:

(a)directly appoints the board, committee, or other entity's members; and

(b)provides direct oversight of the board, committee, or other entity.

Amended by Chapter 335 , 2022 General Session