53-6-106.  Creation of Peace Officer Standards and Training Council — Purpose — Membership — Quorum — Meetings — Compensation.

(1)  There is created the Peace Officer Standards and Training Council.

Terms Used In Utah Code 53-6-106

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-6-102
  • Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:
(a) 
(i) receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and
(ii) in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or
(b) supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102
  • Highway: includes :Utah Code 68-3-12.5
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
    • (2)  The council shall serve as an advisory board to the director of the division on matters relating to peace officer and dispatcher standards and training.

    (3)  The council includes:

    (a)  the attorney general or a designated representative;

    (b)  the superintendent of the highway patrol or a designated representative;

    (c)  the executive director of the Department of Corrections or a designated representative; and

    (d)  14 additional members appointed by the governor having qualifications, experience, or education in the field of law enforcement as follows:

    (i)  one incumbent mayor;

    (ii)  one incumbent county commissioner;

    (iii)  three incumbent sheriffs, one of whom is a representative of the Utah Sheriffs Association, one of whom is from a county having a population of 100,000 or more, and one of whom is from a county having a population of less than 100,000;

    (iv)  three incumbent police chiefs, one of whom is a representative of the Utah Chiefs of Police Association, one of whom is from a city of the first or second class, and one of whom is from a city of the third, fourth, or fifth class or town;

    (v)  one representative of the Utah Peace Officers Association;

    (vi)  one educator in the field of public administration, criminal justice, or a related area;

    (vii)  one current Utah certified law enforcement officer, employed in a non-supervisory role, rotated every term; and

    (viii)  three persons selected at large by the governor.

    (4) 

    (a)  Except as required by Subsection (4)(b), the 14 members of the council shall be appointed by the governor for four-year terms.

    (b)  Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.

    (c)  A member may be reappointed for additional terms.

    (d)  When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor from the same category in which the vacancy occurs.

    (5)  A member of the council ceases to be a member:

    (a)  immediately upon the termination of the member’s holding the office or employment that was the basis for eligibility to membership on the council; or

    (b)  upon two unexcused absences in one year from regularly scheduled council meetings.

    (6)  The council shall select a chair and vice chair from among its members.

    (7)  Ten members of the advisory council constitute a quorum.

    (8) 

    (a)  Meetings may be called by the chair, the commissioner, or the director and shall be called by the chair upon the written request of nine members.

    (b)  Meetings shall be held at the times and places determined by the director.

    (9)  The council shall meet at least two times per year.

    (10)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

    (a)  Section 63A-3-106;

    (b)  Section 63A-3-107; and

    (c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

    (11)  Membership on the council does not disqualify any member from holding any other public office or employment.

    Amended by Chapter 127, 2022 General Session

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