17-76-305. General duty -- Creation of comprehensive job classification plan -- Oaths and subpoenas -- Provide for unspecified activities.

404 words·~2 min read·/ut/title-17/chapter-76/17-76-305

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Effective 11/6/2025

(1)The commission:

(a)is responsible for carrying out the provisions of this chapter; and

(b)shall make necessary rules and regulations to govern the merit system in accordance with this part, including:

(i)adopting merit rules regarding:

(A)appointments and registers;

(B)examinations;

(C)promotions;

(D)reassignments;

(E)reappointments;

(F)disciplinary grievance procedures;

(G)administrative reviews;

(H)recognition of the equivalency of another merit system for the purpose of appointing a peace officer from another agency; and

(I)reductions in force;

(ii)adopting a rule regarding the preparation of a job classification plan; and

(iii)adopting rules necessary for the efficient management of the merit system not specifically enumerated above and not inconsistent with this chapter or applicable law.

(2)Upon the request of the appointing authority and after conducting a public hearing, the commission may temporarily suspend a rule if the suspension is necessary for the proper enforcement of this part.

(a)The commission shall formulate a comprehensive job classification plan covering all merit system officers employed by the sheriff or by the police interlocal entity.

(b)The job classification plan shall:

(i)place all positions requiring substantially the same duties and qualifications in the same classification;

(ii)include minimum physical and educational qualifications of the applicants for each position; and

(iii)provide standards for promotion.

(c)If a new position is created and approved, the commission shall classify the position in the job classification plan.

(a)A member of the commission, in performance of commission duties, may administer oaths and subpoena witnesses and documents.

(b)If an individual refuses to comply with or fails to comply with a subpoena issued by a member of the commission, the district court may, upon application by the member of the commission, compel obedience.

(a)A witness in a proceeding before the commission is subject to all the rights, privileges, duties, and penalties of witnesses in courts of record.

(b)The commission shall pay a witness fee equivalent to those paid for a court of record.

(6)The commission may adopt a rule for an activity within the purpose and spirit of this part that:

(a)the commission deems is necessary and proper; and

(b)not otherwise prohibited by law.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1