Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 370 (2024GS)

Sponsor

Rep. Defay, A.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes addiction to alcohol or a controlled substance as a basis for disciplinary action against a dispatcher by the Peace Officer Standards and Training Council; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DISPATCHER DISCIPLINE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
General Description:
This bill concerns disciplinary action against a dispatcher.
Highlighted Provisions:
This bill:
▸ removes addiction to alcohol or a controlled substance as a basis for disciplinary
action against a dispatcher by the Peace Officer Standards and Training Council;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-6-309
, as last amended by Laws of Utah 2020, Chapter 35
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-6-309
 is amended to read:
53-6-309.
Suspension or revocation of certification -- Right to a hearing --
Grounds -- Notice to employer -- Reporting.
(1) The council has the authority to issue a Letter of Caution, or suspend or revoke the
certification of a dispatcher, if the dispatcher:
(a) willfully falsifies any information to obtain certification;
(b) has any physical or mental disability affecting the dispatcher's ability to perform
duties;
[
(c) is addicted to alcohol or any controlled substance, unless the dispatcher reports the
addiction to the employer and to the director as part of a departmental early intervention
process;
]
[
(d)
] 
(c)
 engages in conduct constituting a state or federal criminal offense, but not
including a traffic offense that is a class C misdemeanor or infraction;
[
(e)
] 
(d)
 refuses to respond, or fails to respond truthfully, to questions after having been
issued a warning based on Garrity v. New Jersey, 385 U.S. 493 (1967); or
[
(f)
] 
(e)
 engages in sexual conduct while on duty.
(2) The council may not issue a Letter of Caution, or suspend or revoke the
certification of a dispatcher for a violation of the employing agency's policies, general orders,
or guidelines of operation that do not amount to a cause of action under Subsection (1).
(3) (a) The division is responsible for investigating dispatchers who are alleged to have
engaged in conduct in violation of Subsection (1).
(b) The division shall initiate all adjudicative proceedings under this section by
providing to the dispatcher involved notice and an opportunity for a hearing before an
administrative law judge.
(c) All adjudicative proceedings under this section are civil actions, notwithstanding
whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted
criminally.
(d) (i) The burden of proof on the division in an adjudicative proceeding under this
section is by clear and convincing evidence.
(ii) If a dispatcher asserts an affirmative defense, the dispatcher has the burden of proof
to establish the affirmative defense by a preponderance of the evidence.
(e) If the administrative law judge issues findings of fact and conclusions of law stating
there is sufficient evidence to demonstrate that the dispatcher engaged in conduct that is in
violation of Subsection (1), the division shall present the findings and conclusions issued by
the administrative law judge to the council.
(f) The division shall notify the agency that employs the involved dispatcher of the
investigation and shall provide any information or comments concerning the dispatcher
received from that agency regarding the dispatcher to the council before a Letter of Caution is
issued, or a dispatcher's certification may be suspended or revoked.
(g) If the administrative law judge finds that there is insufficient evidence to
demonstrate that the dispatcher is in violation of Subsection (1), the administrative law judge
shall dismiss the adjudicative proceeding.
(4) (a) The council shall:
(i) accept the administrative law judge's findings of fact and conclusions of law and the
information concerning the dispatcher provided by the dispatcher's employing agency; and
(ii) choose whether to issue a Letter of Caution, or suspend or revoke the dispatcher's
certification.
(b) Before making a decision, the council may consider aggravating and mitigating
circumstances.
(c) A council member shall recuse himself or herself from consideration of an issue
that is before the council if the council member:
(i) has a personal bias for or against the dispatcher;
(ii) has a substantial pecuniary interest in the outcome of the proceeding and may gain
or lose some benefit from the outcome; or
(iii) employs, supervises, or works for the same agency as the dispatcher whose case is
before the council.
(5) (a) Termination of a dispatcher, whether voluntary or involuntary, does not
preclude suspension or revocation of a dispatcher's certification by the council if the dispatcher
was terminated for any of the reasons under Subsection (1).
(b) Employment by another agency, or reinstatement of a dispatcher by the original
employing agency after termination by that agency, whether the termination was voluntary or
involuntary, does not preclude suspension or revocation of a dispatcher's certification by the
council if the dispatcher was terminated for any of the reasons under Subsection (1).
(6) (a) An agency that is made aware of an allegation against a dispatcher employed by
that agency that involves conduct in violation of Subsection (1) shall investigate the allegation
and report to the division if the allegation is found to be true.
(b) If a dispatcher who is the subject of an internal or administrative investigation into
allegations that include any of the conditions or circumstances outlined in Subsection (1)
resigns, retires, or otherwise separates from the investigating law enforcement agency before
the conclusion of the investigation, the agency shall report the allegations and any investigation
results to the division.
(7) The council's issuance of a Letter of Caution, or suspension or revocation of an
officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4,
Judicial Review.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.