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

Utah § 10-3-913

• Jurisdiction: Utah
• Title 10: Utah Municipal Code
• Ch. 10-3: Municipal Government
• Part 10-3-9: Appointed Officials and Their Duties

Text

(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:

(1)(a) suppress riots, disturbances, and breaches of the peace;
(1)(b) apprehend all persons violating state laws or city ordinances;
(1)(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;
(1)(d) attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and
(1)(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.
(4) (4)(a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that:
(4)(a)(i) has authority independent of the chief of police; and
(4)(a)(ii) (4)(a)(ii)(A) has authority to overrule a hiring or appointment proposal of the chief of police;
(4)(a)(ii)(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;
(4)(a)(ii)(C) has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police;
(4)(a)(ii)(D) is required to review or approve a police department's budget in order for the budget to take effect; or
(4)(a)(ii)(E) has authority to review or approve a contract the police department makes with a police union or other organization.
(4)(b) Nothing in this Subsection (4):
(4)(b)(i) limits the authority the Utah Code provides over the chief of police;
(4)(b)(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
(4)(b)(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:

(5)(a) directly appoints the board, committee, or other entity's members; and
(5)(b) provides direct oversight of the board, committee, or other entity.

Legislative History

Amended by Chapter 335, 2022 General Session