Enrolled Copy H.B. 370
1 DISPATCHER DISCIPLINE AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay Senate Sponsor: Todd D. Weiler
2
3 LONG TITLE
4 General Description:
5 This bill concerns disciplinary action against a dispatcher.
6 Highlighted Provisions:
7 This bill:
8 ▸ removes addiction to alcohol or a controlled substance as a basis for disciplinary action
9 against a dispatcher by the Peace Officer Standards and Training Council; and
10 ▸ makes technical and conforming changes.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 53-6-309, as last amended by Laws of Utah 2020, Chapter 35
18
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 53-6-309 is amended to read:
21 53-6-309 . Suspension or revocation of certification -- Right to a hearing --
22 Grounds -- Notice to employer -- Reporting.
23 (1) The council has the authority to issue a Letter of Caution, or suspend or revoke the
24 certification of a dispatcher, if the dispatcher:
25 (a) willfully falsifies any information to obtain certification;
26 (b) has any physical or mental disability affecting the dispatcher's ability to perform
27 duties;
28 [(c) is addicted to alcohol or any controlled substance, unless the dispatcher reports the
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29 addiction to the employer and to the director as part of a departmental early
30 intervention process;]
31 [(d)] (c) engages in conduct constituting a state or federal criminal offense, but not
32 including a traffic offense that is a class C misdemeanor or infraction;
33 [(e)] (d) refuses to respond, or fails to respond truthfully, to questions after having been
34 issued a warning based on Garrity v. New Jersey, 385 U.S. 493 (1967); or
35 [(f)] (e) engages in sexual conduct while on duty.
36 (2) The council may not issue a Letter of Caution, or suspend or revoke the certification of
37 a dispatcher for a violation of the employing agency's policies, general orders, or
38 guidelines of operation that do not amount to a cause of action under Subsection (1).
39 (3) (a) The division is responsible for investigating dispatchers who are alleged to have
40 engaged in conduct in violation of Subsection (1).
41 (b) The division shall initiate all adjudicative proceedings under this section by
42 providing to the dispatcher involved notice and an opportunity for a hearing before an
43 administrative law judge.
44 (c) All adjudicative proceedings under this section are civil actions, notwithstanding
45 whether the issue in the adjudicative proceeding is a violation of statute that may be
46 prosecuted criminally.
47 (d) (i) The burden of proof on the division in an adjudicative proceeding under this
48 section is by clear and convincing evidence.
49 (ii) If a dispatcher asserts an affirmative defense, the dispatcher has the burden of
50 proof to establish the affirmative defense by a preponderance of the evidence.
51 (e) If the administrative law judge issues findings of fact and conclusions of law stating
52 there is sufficient evidence to demonstrate that the dispatcher engaged in conduct that
53 is in violation of Subsection (1), the division shall present the findings and
54 conclusions issued by the administrative law judge to the council.
55 (f) The division shall notify the agency that employs the involved dispatcher of the
56 investigation and shall provide any information or comments concerning the
57 dispatcher received from that agency regarding the dispatcher to the council before a
58 Letter of Caution is issued, or a dispatcher's certification may be suspended or
59 revoked.
60 (g) If the administrative law judge finds that there is insufficient evidence to
61 demonstrate that the dispatcher is in violation of Subsection (1), the administrative
62 law judge shall dismiss the adjudicative proceeding.
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63 (4) (a) The council shall:
64 (i) accept the administrative law judge's findings of fact and conclusions of law and
65 the information concerning the dispatcher provided by the dispatcher's employing
66 agency; and
67 (ii) choose whether to issue a Letter of Caution, or suspend or revoke the dispatcher's
68 certification.
69 (b) Before making a decision, the council may consider aggravating and mitigating
70 circumstances.
71 (c) A council member shall recuse himself or herself from consideration of an issue that
72 is before the council if the council member:
73 (i) has a personal bias for or against the dispatcher;
74 (ii) has a substantial pecuniary interest in the outcome of the proceeding and may
75 gain or lose some benefit from the outcome; or
76 (iii) employs, supervises, or works for the same agency as the dispatcher whose case
77 is before the council.
78 (5) (a) Termination of a dispatcher, whether voluntary or involuntary, does not preclude
79 suspension or revocation of a dispatcher's certification by the council if the dispatcher
80 was terminated for any of the reasons under Subsection (1).
81 (b) Employment by another agency, or reinstatement of a dispatcher by the original
82 employing agency after termination by that agency, whether the termination was
83 voluntary or involuntary, does not preclude suspension or revocation of a dispatcher's
84 certification by the council if the dispatcher was terminated for any of the reasons
85 under Subsection (1).
86 (6) (a) An agency that is made aware of an allegation against a dispatcher employed by
87 that agency that involves conduct in violation of Subsection (1) shall investigate the
88 allegation and report to the division if the allegation is found to be true.
89 (b) If a dispatcher who is the subject of an internal or administrative investigation into
90 allegations that include any of the conditions or circumstances outlined in Subsection
91 (1) resigns, retires, or otherwise separates from the investigating law enforcement
92 agency before the conclusion of the investigation, the agency shall report the
93 allegations and any investigation results to the division.
94 (7) The council's issuance of a Letter of Caution, or suspension or revocation of an officer's
95 certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4,
96 Judicial Review.
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97 Section 2. Effective date.
98 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 53-6-309
Enrolled: 53-6-309