Utah Code 10-3-913. Authority of chief of police — Oversight
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(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:
Terms Used In Utah Code 10-3-913
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - Contract: A legal written agreement that becomes binding when signed.
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(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.