POST Decisions: Facts & Accountability

Law Enforcement Training in the State of Utah

The leadership of the Utah Peace Officers Association recognized in the early 1960’s that proper standards and training for the individual peace officers is the first vital step toward meeting the challenges now facing the entire law enforcement profession. This recognition resulted in the development of the Utah Peace Officer Standards and Training Statue, passed by the Utah Legislature and signed into law by Governor Calvin L. Rampton, March 17, 1967. The Act provides, among other things, for the upgrading of local law enforcement officers through the establishment and maintenance of adequate training, education, and selection standards.

The Peace Officer Standards and Training Council, provided for in the Act as an advisory board to the Director of the Division of Peace Officer Standards and Training in the Department of Public Safety, consists of fourteen members appointed by the Governor. In addition, the Council shall include the Attorney General, the Executive Director of the Department of Corrections, and the Superintendent of the Highway Patrol. The Council meets regularly and reviews Peace Officer Standards and Training, noting the PRIMARY OBJECTIVE IS TO ASSIST LOCAL GOVERNMENT in providing effective professional law enforcement to the citizens of the State.

Do some POST Council decisions go beyond the original objective to assist local government?

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POST Decisions: Facts & Accountability

Investigations-Decertification Process

Process for Suspension or Revocation of Peace Officer Certification

History
In 1983, the POST Council recognized the need for Law Enforcement to govern its own. With the advice of the Council POST began developing a program that would enable POST to investigate misconduct by Utah Law Enforcement Officers and make recommendations to the Council for disciplinary action. Developing a process that would work for Utah was complicated. POST worked in unison with the Attorney General’s Office to write the rules and implement the law necessary to make a workable program. The POST Council reviewed proposals and protocols monthly for over a year. Eventually, a process was developed and implemented. Some changes have taken place over time and great strides have been made to preserve the reputation of the profession and to protect the rights of the individual.

When POST Begins an Investigation
Utah administrative rules state that POST may initiate an investigation when it receives information that may be grounds for the suspension or revocation of a peace officer’s certification under Utah code 53-6-211(1). The initial allegation may come from any reliable source. The following procedures will apply if POST receives applicable information and determines the information to be trustworthy.

Notification to Officer That They Are Under Investigation

As soon as the investigation is opened and an investigator assigned, the officer and the chief administrator of the officer’s employing agency will be notified by mail that the investigation is open and active.

How Investigations Are Conducted

The POST Investigation staff is committed to conducting fair, impartial and professional investigations. Investigators will interview the involved officer, witnesses and other involved persons as appropriate. A departmental internal affairs investigation may be considered in the POST investigation but will not be the sole source of information for the POST investigation.

Procedures Following Completion of the Investigation
After the investigation is completed, the POST administrative staff will review the investigation and determine a proper course of action.

1. POST finds no cause for action. In this case no action is taken, the individual officer and the officer’s department will be notified by letter that POST has completed its investigation and finds no cause to take any further action.

2. POST finds cause for action. In this case the officer and the officer’s department are notified of POST’s intention to seek suspension or revocation of the peace officer’s certification.

Commencement of the Adjudicative Proceedings
A Notice of Agency Action is sent to the individual officer. The Notice of Agency Action sets forth the allegations and is signed by the POST Director. At the same time, the individual is also sent a Consent Agreement. The Consent Agreement is based upon the disciplinary guidelines adopted by the POST Council and gives the officer the opportunity to accept the recommended sanction rather than pursue an Administrative Hearing. If an individual chooses not to sign a Consent Agreement and wants a hearing, a hearing will be conducted before an Administrative Law Judge.

Review Before the POST Council and Issuance of a Final Order

If the Administrative Law Judge determines there is sufficient evidence to support the allegation, or the officer has signed a consent agreement, the case will be presented to the POST Council. The individual officer or their attorney may appear before the council when their case is considered. The Council may accept or reject the sanction listed in the disciplinary guidelines and can issue any alternative sanction the council deems appropriate. When a majority of the Council recommends to suspend or revoke a person’s peace officer certification, or to take no action against the person, the Council Chairperson will prepare and issue a final order within 30 days of the Council’s decision.

Officer’s Right to Surrender Certification and Avoid Adjudicative Proceedings

Utah Code 53-6-211.5 passed by 2010 legislature provides that a peace officer may voluntarily relinquish their certification when a disciplinary issue regarding the peace officer has been referred to POST. If an officer voluntarily relinquishes their certification all investigative and adjudicative procedures immediately cease. A peace officer who voluntarily relinquishes their certification under 53-6-211.5 may not thereafter be certified as a peace officer in the state of Utah.

Time Required To Complete The Process
Many factors determine how long the process may take including, complexity of the investigation, cooperation of the involved officer and witnesses, and whether or not an administrative hearing is held. It is possible to take up to a year or more before a case can be completed. The process is careful to protect the individual’s due process rights.

One Last Thought
The POST administrative staff and the POST Council constantly strive to balance compassion for the individual officer with the duty to protect the law enforcement profession and the public’s trust. The POST staff sees this investigative process as a solemn responsibility that is necessary to protect the rights and privileges of our citizens and our peace officers alike.

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POST Decisions: Facts & Accountability

About POST

Division of Peace Officer Standards and Training Mission Statement
In concert with Peace Officer Standards and Training Council, our mission is to provide professional standards and training, leadership and certification for peace officers and dispatchers as we work to protect the rights and privileges of Utah’s citizens while elevating the integrity of the profession.

Basic Training Mission Statement
The mission of the Basic Training Bureau is to provide professional law enforcement training utilizing progressive adult learning concepts, innovative technology and research to meet the needs of Utah’s law enforcement community and the citizens they serve.

Indeed we realize that our customers are not only the Chief Administrators of the law enforcement community and the cadets, but also every member of this great State. We believe that it is imperative to make the cadet’s experience a positive one that will leave positive, valuable memories with them for the rest of their lives. We hope that they will carry our professionalism with them throughout their careers. The Basic Training Bureau is committed to providing the best and most updated training that is possible.

Investigations Mission Statement
The mission of the Investigations Bureau is to promote and strengthen faith and confidence in law enforcement for the citizens of Utah, by providing objective and consistent investigations of complaints or allegations of misconduct against peace officers and certified dispatchers.

The Investigations Bureau encourages integrity, honesty and trust of Utah Law Enforcement Officers by voluntary compliance with the Law Enforcement Code of Ethics, all laws, regulations and practices associated with the law enforcement profession. To ensure fair and impartial resolution of all complaints of alleged misconduct scrutinized by the POST Investigation Bureau, by means of Professionalism and Commitment of Investigation Bureau Staff in upholding the Public Trust while protecting Law Enforcement Officers

In-Service Training Mission Statement

The mission of the In-Service Training Bureau is to deliver professional continuing education and training to peace officers and dispatchers in a learning environment which is conducive with the expectations of Utah citizens’ for its law enforcement officers: integrity, communication, professionalism, and alliance.

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POST Decisions: Facts & Accountability

POST Council Disciplinary Guidelines*
These guidelines provide guidance regarding the administrative sanctions that may be imposed when a peace officer or certified dispatcher is found to have violated Utah Code Ann. § 53-6-211 or § 53-6-309. The intent of these guidelines is to facilitate fairness and consistency; however, the guidelines are not binding. The POST Council may consider all of the facts in the record to determine an appropriate sanction. In every case review, the council retains the authority to issue any sanction ranging from a letter of caution to the revocation of POST certification.

Category A
Baseline – Revocation, Range – 3 Years Suspension to Revocation
o Engages in conduct which is a state or federal criminal offense that is a felony.
o Engages in conduct which is a state or federal criminal offense that is a class A misdemeanor and which
involves an act of violence.
o Refuses to respond, or fails to respond truthfully, to questions after having been issued a warning based
on Garrity vs. New Jersey.
o Dismissed from armed services under dishonorable conditions.

Category B
Baseline – 3 Year Suspension, Range – 1 ½ Years Suspension to Revocation
o Engages in conduct which is a state or federal criminal offense that is a class A misdemeanor and which
does not involve an act of violence.
o Sexual conduct on duty, not including the distribution or solicitation of sexual images.
o Engages in or is convicted of conduct constituting a violation of UCA § 53-6-210, willfully disobeying a
subpoena issued by the Division.

Category C
Baseline – 2 Year Suspension, Range – 9 Month Suspension to 3 ½ Years Suspension
o Engages in conduct which is a state or federal criminal offense that is a class B misdemeanor and which
involves an act of violence.

Category D
Baseline – 1 Year Suspension, Range – 3 Month Suspension to 2 ½ Years Suspension
o Engages in conduct which is a state or federal criminal offense that is a class B misdemeanor and which
involves sexual acts, harassment, theft, crimes of dishonesty, the use of alcohol, use of illicit drugs, or
the misuse of prescription drugs.
o Willfully falsifies any information to obtain certification.

Category E
Baseline – 6 Month Suspension, Range – Letter of Caution to 1 ½ Years Suspension
o Engages in conduct which is a state or federal criminal offense that is a class B misdemeanor, but does
not involve sexual acts, harassment, theft, crimes of dishonesty, the use of alcohol or the misuse of
prescription drugs.
o The distribution or solicitation of sexual images as defined in Utah Administrative Code.
o Is found by a court or by a law enforcement agency to have knowingly engaged in conduct that involves
dishonesty or deception in violation of a policy of the peace officer’s employer.
o Is found by a court or by a law enforcement agency to have knowingly engaged in biased or prejudicial
conduct against one or more individuals based on the individual’s race, color, sex, pregnancy, age,
religion, national origin, disability, sexual orientation, or gender identity.
o Is a chief, sheriff, or administrative officer of a law enforcement agency and fails to comply with Section
53-6-211(6).

Category F
Baseline – 3 Month Suspension, Range – Letter of Caution to 1 Year Suspension
o Engages in conduct which is a state or federal criminal offense that is a class C misdemeanor or
infraction, but not including traffic offenses that are class C misdemeanors or infractions.
o Violations of UCA §§ 53-10-108 or 63G-2-801.

Category G
Indefinite Suspension pending successful completion of a prescribed treatment or rehabilitation program. medical physician or mental health practitioner must certify the officer fit for duty.
o Has any physical or mental disability affecting the peace officer’s ability to perform duties.

Notes:
1. A disciplinary sanction becomes effective on the date the final order is signed by the POST Council chairperson.
Absent any extenuating circumstances to the contrary, the officer will receive credit for time served based upon the last date the officer was able to function as a peace officer, i.e. date terminated from all law enforcement or certified dispatcher employment or date suspended with restrictions from engaging in any law enforcement activity.

2. Disciplinary sanctions for all conduct which is closely related in time and is incident to the accomplishment of a single objective will run concurrently. Disciplinary sanction for violations that are not related will run consecutively.

3. Any officer or dispatcher suspended in accordance with these guidelines, including those suspended indefinitely for physical or mental disability or addiction, are subject to the provisions of Utah Code Ann. § 53-6-208 or 53-6-306
regarding inactive or lapsed certificates.

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POST Decisions: Facts & Accountability

POST Council Members

Kelly Sparks
Chairman of POST Council
Sheriff, Davis County Sheriff’s Office
Representing Sheriffs of counties more than 100,000 population

Allen Swanson
Vice Chairman of POST Council
Chief, Layton City Police Department
Representing Chief of 1st or 2nd Class City

Darin Adams
Chief, Cedar City Police Department
Representing Chief of 3rd Class City

Dr. Molly Sween, Ph.D
Professor, Weber State University
Representing Education

Ron Anson
Utah Certified Law Enforcement Officer – non supervisory

Mike Rapich
Colonel, Utah Highway Patrol
Representing Superintendent of the Utah Highway Patrol

Jared Garcia
Deputy Executive Director, Utah Dept. of Corrections
Representing Executive Director of Corrections

John Crowley
Representing Utah Peace Officers Association

Maile Loo
Representing At-Large

Jeanetta Williams
Representing At-Large

David Petersen
Representing At-Large

Brian Gwilliam
Chief, Lone Peak Police Department
Representing Utah Chiefs of Police Association

Paul Wimmer
Sheriff, Tooele County Sheriff’s Office
Representing Utah Sheriff’s Association

Nathan Curtis
Sheriff, Sevier County Sheriff’s Office
Representing Sheriffs of counties less than 100,000 population

Troy Walker
Mayor, Draper City
Representing Incumbent Mayor

Malena Stevens
Summit County Council
Representing County Commissioners

Stewart M. Young
Deputy Attorney General – Criminal
Representing Attorney General

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