72 of 1968 - Amending Section 7-1-1, 7-1-4(b), 7-1-5, 7-1-8, 7-1-9, 7-1-11, 7-1-14, 7-1-16 and REPEALING Section J RVLL ..MLL
VOTING Aye Nay Salt Lake City,Utah, August 15 ,196_$...
Barker .
Catmull I move that the Ordinance be passed/
Garn 7 C ,
Harrison . . . rC GJ,`� �'
Mr. Chairman . ,
AN ORDINANCE
Result . .
AN ORDINANCE AMENDING Sections 7-1-1, 7-1-4(b) , 7-1-5, 7-1-8, 7-1-9,
7-1-11, 7-1-14, 7-1-16, and REPEALING Section 7-1-12 of Title 7, Chapter 1,
of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to City
Courts.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Sections 7-1-1, 7-1-4(b) , 7-1-5, 7-1-8, 7-1-9, 7-1-11,
7-1-14, and 7-1-16, of the Revised Ordinances of Salt Lake City, Utah, 1965,
relating to City Courts, be, and the same hereby are, amended to read as
follows:
"Sec. 7-1-1. Establishment. Supervision. There is
hereby created within the government of Salt Lake City a
division entitled Salt Lake City Probation Department. This
department is attached to and shall be under the direction
of the Department of Public Safety, who shall establish
guidelines for its operation.
"Sec. 7-1-4. * * * *
(b) The personnel of the department shall be appointed
or discharged by the board of city commissioners upon recom-
mendation of the commissioner of public safety. The salaries
of appointees to position in the probation department shall
begin with the lowest figure in the salary range above stated
and step increases shall occur as provided for other city
officers and employees under Sec. 25-4-6 of the Revised Ordi-
nances of Salt Lake City, Utah, 1965, as amended.
"Sec. 7-1-5. Chief probation officer. The chief probation
officer shall have the authority and responsibility to direct
and oversee the activities of other staff members of the pro-
bation department within the general guidelines laid down by
the commissioner of public safety. He will personally supervise
the activities of the social worker, the probation counselors
and the secretary. He will assign staff members their respective
duties, assign cases to the appropriate workers, determine the
frequency of supervisory visits and reports, establish methods
and goals of treatment to be used in individual cases, and pro-
vide for training for his staff. He will be the liaison between
the department and the city court, and will maintain liaison
between the department and the various other city departments
and community agencies. Without further authorization the chief
probation officer may act as the chief executive officer of
72
-2-
facilities, excluding the city jail, which may be estab-
lished by the city for the care and treatment of individuals
processed through the city courts. He may, as complainant
pursuant to the provisions of Chapter 6, Title 19, of these
ordinances, bring actions in the city court for the approprbte
diagnoois,confinement, and care of incompetent, mentally ill,
or addicted individuals who are under the jurisdiction of the
city court, without incurring personal liability for such
actions provided he acts in good faith and in his official
capacity. The chief probation officer shall have the authority
to suspend, for cause, members of the department staff from
duty for periods up to 2 weeks, without pay. The chief pro-
bation officer shall also serve as probation commissioner.
Under the direction of the judge having jurisdiction in the
case, he shall establish for each person committed to the care
of the department the terms and conditions of his probation or
parole; he shall cause each individual placed on probation or
parole to the department to be given a written document specifying
these terms and conditions. Under the direction of the judge
having jurisdiction over the case, he may issue orders to show
cause why probation or parole should not be revoked and the
defendant committed to jail, and may issue warrants or orders
of commitment for the detention of individuals committed to the
care of the department and orders changing the place or condi-
tions of detention.
"In cases where the defendant gives written waiver of notice
and court hearing in the event of an alleged parole or probation
violation, the probation commissioner may, under the direction
of the judge having jurisdiction over the case, conduct an
informal probation or parole revocation hearing. The chief
probation officer must possess the degree of Master of Social
Work from an accredited school of social work, or an equivalent
degree in the field of social work. He must be a member of the
Academy of Certified Social Workers, Incorporated, and should
be qualified to serve as a field work instructor to social
workers in training.
"Sec. 7-1-8. Staff members--general expectations. Under
the guidance of the commissioner of public safety the chief
probation officer will establish standards of performance and
standards of competency for each position under his direction
which conform to accepted professional standards at each level
of skill. It shall be the philosophy of the department that
its primary purpose is to be helpful to the individuals pro-
cessed by the city court, and staff members' use of authority
shall reflect this spirit. Malfeasance in office, moral turpi-
tude affecting performance on the job, oppression, or conviction
of a felony shall, among others, be cause for discharge. All
staff members must be willing to accept direction and must be
accessible tostaff training efforts. Before entering upon
their duties, staff members of the department shall take an
oath that they will faithfully and impartially discharge their
duties.
72
-3-
"Sec. 7-1-9. Records and accounts. The chief probation
officer shall make such periodic financial and statistical
reports to the commissioner of public safety as he may require.
Copies of these reports of department activity will be furnished
to the members of the Salt Lake City Board of Commissioners.
The chief probation officer shall cause statistical records and
individual case records to be kept to meet legal requirements
and the highest professional standards. He will account daily
to the city treasurer for fees received for probation services,
and faithfully deposit all such fees with the city treasurer.
He will maintain adequate records of money received on behalf
of clients for whom the department acts as guardian. These funds
will be deposited to a special escrow bank account set up in such
a way that disbursements from it may be made on the signature of
chief probation officer or the secretary for the purpose of care,
maintenance and treatment of the client. All of the records of
the city probation department shall be open to inspection at all
times by the commissioner of public safety, the city auditor or
his designee, and the board of city commissioners or its designee.
Otherwise the individual case records of the department are not
public records or documents and are not open to public inspec-
tion. Upon application of the attorney of any person under the
jurisdiction of the department, the court may, in its discretion,
cause the chief probation officer to forward to the attorney
copies of written reports made about that person to the court,
under such conditions as the court may impose.
"Sec. 7-1-11. Registry of volunteer probation counselors.
The commissioner of public safety may from time to time appoint
persons to act as unpaid volunteer probation counselors to the
court. The chief probation officer shall maintain a registry
of persons so appointed, including the purpose for which they
are appointed, the scope of the case load to which they may be
assigned, the duration of the appointment, the portion of the
general and special powers of staff members conferred upon each
individual so appointed, and the arrangements made for his super-
vision and the coordination of his activities.
"Sec. 7-1-14. Prohibited activity. No member of the proba-
tion department or volunteer probation officer shall receive,
directly or indirectly, any gift, present, fee, or emolument for
his services from any individual who is the client of the depart-
ment, or on behalf of any client of the department. This pro-
vision, however, shall not preclude the collection of fees for
probation service which shall be charged according to a regular
schedule approved by the judges of the city court; any such fees
shall be deposited with the city treasurer. Staff members may
be required by the commissioner of public safety to disclose to
him the full details of any private practice they conduct. There
shall be no conflict of interest between any such private prac-
tice and the staff member's duties to the department. No staff
member or volunteer probation officer shall use his authority to
coerce or influence the political action of any person, whether
a client or staff member of the department. Nor shall any staff
member of the department engage in partisan political activity
in any form, or be required to contribute funds or services to
any partisan political activity or any political cause. Any
violation of these provisions shall be a misdemeanor.
7
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"Sec. 7-1-16. Termination of department. The probation
department created under this Title 7 shall be in existence
and operative until December 31, 1968, the end of the present
year whereupon it shall terminate and cease and the services
of all personnel shall terminate, provided, however, in the
event the State of Utah through its proper agencies, or Salt
Lake County, assume the probation duties and activities con-
templated by this Title 7 before December 31, 1968, then the
probation department created hereby shall tereupon terminate
and cease to exist and the services of all personnel shall
also terminate."
SECTION 2. That Section 7-1-12 of Title 7, Chapter 1, of the Revised
Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby is, repealed.
SECTION 3. In the opinion of the Board of Commissioners of Salt Lake
City, it is necessary to the peace, health and welfare of the inhabitants
of Salt Lake City that this ordinance become effective immediately.
SECTION 4. This ordinance shall take effect upon its first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, on this
15th day of August, 1968.
/I/ 1' G//
XNAIDEXTEMPORARY CHAIRMAN
-ArACIS% tARVER
(SEAL)
BILL NO. 72 of 1968
Published August 21, 1968
ADM•a0A
Legal Notices [Legal Notices
AN ORDINANCE 'charge.All staff members met be
AN ORDINANCE AMENDING Sec, I!Iing le accept dlrectlon end not
,flops 7-1.1,.7-1-4(0),1-I-A,7.1-A,9-1-9,•be accessible to staff training efforts. .
.7-1-11, 7.1.14, 7.1-16) And REPEAL Before Centering eon their. duties,
-.IN a Seeflo rolee 7 Of Fear]i.cha Seer faithfully
'ire°nears imps the
eltl thdyemrge of Publication
-T, f the ftevisetl O1963anrea or Sell theft. a and imo rfIaIIY dld<0erga'
.•Lake CCity,ourts.
Uta O;1966, relating to Malt duties:
•eify courts. i "Sec,'7.1.9.'Records land accounts.
Be 11 ordalhed by the Board Of The chief,probation Officer char
Commissioners of Self Lake City, make sorb periodic financial and
Utah: statistical reports to the co ission-i
SECTION 1. That Sections 7-1d, er f public safety as he
71.4(b), 7.1.5, 7-1-A, 7-1-9, 7-1S11, quire. Copies of these reports pof
7-I-14, and 1-1 b f the Revised department activity ill be furnished
Ordinances of Sallolt Lake City,Utah,to members of the Salt Lake City
leo,relating to CITY c, am,be,and Board of Commissioners. The.chief
the samehereby are, amended to Probation officer shall causestatistl,
read as ollows; al records and Individua ase rec-
'Sec,7-1-1,Establishmen.Supervls ords Cto be ken! to meet all
sicn.There is herebycreated Willisi requirements and the highest proles-I
°
the government f Salt Lake ity a s anaIl standards, 1 will ac unt 1
division entitled Salt Lake city Prmldalav tO me my t'eaeurer for fees D. M. Ockey
bat ton Department.TM1I,department l received for probation s and,
is attached to and shalt he under Me I faithfully deposit al: suchservices,
wit
direction of the Department of Pub.,the city treasurer. He wll maintain
tic Safely.who'haan establish guide-;adequate records°f money received
linessafor)Its so a lion, on behalf of clients far whom the tie.
nit The o.rsonnel f <depart-part-unds old acts
de s guardian.
rd'ian. These rot du y sit ,deposes and says that he is legal adver-
cnt hen be ppoI r des-escrow
to a spsoc
�nargen by Ina board°1 li om. ro bank account set up m " rk of the DESERE�'NEWS,a daily (except Sunday)
c y c that disbors¢mails from 11
M''''over' open ee°mme pals°" e'a a be ode ° 1":'gnat°se°I er tinted in the English language with general Cu-
e issi°nerr of public ,lely,rchief pooh,.officer or the re P
o etneaoeabailon¢'deaden t°a;.,'alt''''nan'e"'he purp°s< f`are'mab'e, in Utah, and published in Salt Lake City, Salt Lake
b<gin wlln the!oweq floor.'n lha II of and'
rtreatment
dads nl If°e the
Y client.
Increases shallaoccu fated provided
lion lion atle ll stroll be pen f° to the,State of Utah.
other '1 officers ancur astl employees ^issioner al all limes by the c
cry amp yens sinner of public safety,the cite
oder Sec. f Sk6 f the Revised lhauditor his mmission and the
minas amen sail Lake City,Utah, hearof city eem t° r Baat the legal notice of which a copy is attached hereto
19"S amended. case Otherwise dike department
art
'Sec.751-5.Chief probationoffce ell icer. ca records o'the tleeumenfl a
• The<in'b°tdl°orbi�lla�d°°s responsibility a°n p„elie°peg°records°re<msaeelontll1 Lake City Bill No 72 of 1968
to''reel and o e le°acVr Les upon a canon e,f public
e 1',V v°I_
ol°•her stall nt pl the poll
prOba�'ary person under fh¢ iurldtll°li°n of
PioCbfi depart laid within the generalcoin-lilt¢ department,cause
the purl may, in
0 oiderines laid down by the c - i,discretion,c use the chief paoba-rdinance relating to City Courts
of eubdc tea`. He will its
copier to forward a the ma
• soda supervise safely.
'tonnes of n o copies person
on to
reports made,-
the cou sal worker, the probation lion shoal that p n s the c art,under
counselors f the secretary r e will such conditions°as the court may,
toff menders their span.,impec.
five• °aeduties,a cases to the re. "Sac.Jicou Registry he v commis.
..."__
.neonate workers, visits the ire-sinnerProbation counselors. The C
• i,y of supervisory valid and r of public appoint
safety may from
treatment bodnbe used In°1tndivbdual astime
unpaid time
volunteeri probation coon-
to act
nd n ov'tle. for era in inn ¢tors to the rt.TM1e chiefr roba-
hrndai1alf.Ha.will be ihn 1'al.son net too offic eY shall maintain a egidlry
tween the department and the city of persons s° appointed, Include cc
purl, d III maintain liaison be-Me purpose for which they are
}wean the department and the v need,the scope of the case load
mother city departments and corn.to which they may be assigned,the
oray¢agencies.without further au- oration f the appointment,the P r- Au tide 21 1968
n;as live the chief probation o'flcer felon of the 9mI one special pow
.I a,lie cheat el,bee pHb. !individual embers ointed,ad gth hushed in said newspaper on Aufust
'all,of hica'fdl may
be established clay°eat ge i eats maade for hC,and me
the sly for they care and treatment Larrangements
on n andenthe coordination sof hs
of individuals processed through melectivities.
city c Vris.He m complainant "Sec. 7.1-14, Prohibited activity,
Pursuant to the n of Chaplet No member of the probation depart
6,Title 19,al these¢ordinances.bring men,or volunteer probation ¢flicer
e aons In the oily coact for the apal shell receive,directly indirectly,
p p I t dl confinement, y e f•f >/
---
care
f incompetent,mentally-II for h o y,ndividuaf
addicted - f-tl ho are undor who is the f the department,
the 'c1' f Me cily b:h If f client f the de• —`-�
withoutincurring personal I'ab ityr load tent. This pre'seen h° ever C -for such acllons pr idea he acts l ,shell not Pre htle the collection f----�'"-
prod faith and In his official capac.'lee° ter probation ''tyro 'which l.l:g(Il fldllert.t.Stng Clerk Ily.The chief probation officer shall snail be charged according to a reg- /have the authority to suspend, for uiar schedule approved by the
< members of the department -udaes t he oily curl, an such.
slats,¢,rehire!duly l.r period,up to 2'fees shall be deposited with tie scityl
}°eks,without ay.The chief pmba- Ireasuer. Stall members may be
Lan officer,shell also se roe as Prot re nod by Iha cemm ssioner el i
'lotion o 'seer°r. Under inn h,,,s.,.r,to':saes¢to him the
elecll°n`1 Ce fudge having rr5-tall 'Coal is I ny private pia-fine rs.,
diction in thF�asC,1 shah a 1a01islr 'hey f n into There w to o en- 22nd day of
for each r,. committed to the 'Oct I rnteresf between r itch$ -
o,a of the deoartment the teems ee nee rac11'oe r he stall ¢N-
and con„itisons of his acoba!lea r staffs member or'voludnteer"!imPiaaltNm
penal¢; Shan cause e h lndlvid..pfl leer shall use volunteer
authority 68
placed by probation or parole*,i coerce o influence the political ao)
the department In he given wrrtlt lion of anyrso whether a client
document specifying these terms and or saff embrer n f the deoartment.
loddrtionavl hayinger the Jurisdiction rection of over the tier shall
n an staff member of.the
case,he may orderston Utica,.activity a form,lOOgo in 'isan he
c wy, probation or parole! u d to contributefunds or 1
should no b revoked d thede- t 1 f' / '
fondant committed 1' I l d y v'olal on of these or any politico!
ens shall be /,, ,. ��,—•'/„„tie err Is der,0, ..1 pion of these / Notary Public
n,for the'detention 1 LlvIduals l a„sec.7-1 fed.iern,lnat°n of¢¢part-I i
committed to the of the depart- en!. probation denartmenl
eon end orders care
the place l created under this Tilte) hall be in •
or nditlons f delenbon• existence and operative until Decem-
"In c so,.•whaere-,},lee 'e'en".her 31µ MB,the'end of the present
gives Hite" w'vane'n ,'°e rxl year 'hereupon it shall terminate
near,hoer',le the event.' n al-
leged parole or pmmobatio" viofellon, personnel shall shaalll termiraservices
p did d,
bid erfhe orhe°dlcocl ion et fhg°i tlee hav�however, in the•event Ina provided,
eofI
urisdielier.ever ITe c q SaltUta through its oroPer
od Oomie Sant Luke L and
calcines
assumegontomoba
,eet an formal .The n I lion ru lies d lie 00 c leer ate
•
canon h ring,The chief debe-gree
l, 1Or9 hlseTill e]bCioat IIecem bers
}Ion° Nlee- f•tr possess the dap ire'o t'lo then theere yrshallon depart-
al Mader-s me,of Work from a rime an hereby shell(hand the
credited dolt opt e social work,pit services and cease to exist and the
an el work. e.mud It the field of services of all personnel shall also)
etclthe Academy of must
iCertified Social"¢SFCTIO"
Workers. Incorporetod, and should SECTION I.That et Section Rev o
be qualified to se a field work Orldtreb el of Selr l 1°e,i,,,Uran°,
Instructor I°social workers In train-1965, be, and the same hereby is,
n"Sec.7-1-a,Staff ambers repealed
epel CION].Ir the opinion of the'.
oral expectations. UoMer the 9uid-Beard nl Commioo,oners f call'-
of the commlosi°ner r noElrr l Lake City, t ,vary°t the
safety the hie'prnbap°n°Iticer wrl peace,trey t l' fed wellaee of the Late
and• scan standards ne p°rlerr each
habitants o Salt Cake City tna,
elM ore,co'dsr01 his'n Letet Loiter bacn tnisdl ordinance become effective im-
on'0rm'foe ccepted professional r°SECTION 4.This ordmenc¢ shall
,standards at each level of kill. It lake effect upon Its first publication.
shall be the phll^sophf of the de-I Passed by the Board of Commissron.I
pertinent titer 'S primary y purpose Is. f Salt Lake City,Utah,on this
es cod dv to the curt, anld staff 15ih day al August,EOO 7E68.
de s the oily c and staff GE cm o R.CEO Im L
Members'ct is spirit.m lfeasaanice I,,or- HERMAN J.HOGENSENy Chairman
reflfloe, moral turpitude affecting City Recorder
performance on the lob,oppression, (SEAL/
conviction Pb a felony shall, BILL NO.12 of 1968
',among others, because for ells. Published Aueudl It.If4$ (C_6A1I Y'/y(,�I
. . .. 9 N