Effective 9/1/2022
10-3-913. Authority of chief of police — Oversight.
10-3-913. Authority of chief of police — Oversight.
- (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.
- (4)
- (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
- (ii)
- (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.
- (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that:
- (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