13 of 1979 - RESOLUTION IN OPPOSITION TO SENATE BILL 201 OF 1979 GENERAL LEGISLATIVE SESSION which provides that ROLL CALL
VOTING rAye Nay Salt Lake City,Utah, Febru 14 ,19 79
Mr.Chairman
Agraz 7 I move t t th Resolution a adopted.
Grfener
Bait.Cam bell • (, (( -
Phillips / RESOLUTION IN OPPOSITION TO
Result /
SENATE BILL 201 OF 1979 GENERAL
/ ! LEGISLATIVE SESSION
WHEREAS, Senate Bill 201 has been introduced to the 1979 General
Legislative Session and provides that a municipal police or fire chief
may not be removed from office, except upon a hearing held before an
ad hoc administrative hearing examiner, which examiner may only consi-
der as grounds for removal misconduct, conviction of a criminal offense
involving moral turpitude, willful failure to comply with a lawful
order of a superior, or failure to do that which duty requires to be
done; and
WHEREAS, the municipality has the burden of proof to establish
the "cause" by a "clear preponderance of evidence"; and
WHEREAS, the municipality is required to bear the costs of the
hearing procedure in all cases and costs and attorney's fees of the
chief, in the event the hearing officer rules in favor of the chief,
under its heavy burden of proof; and
WHEREAS, such a standard would make it more difficult to dis-
charge a police or fire chief than his subordinates under the civil
service rules and regulations and the standards found in Section
10-3-1012, Utah Code Annotated, 1953, as amended, which section per-
mits the discharge on the grounds of "misconduct", "incompetency",
"failure to perform duties", and other grounds; and
WHEREAS, the proposed Senate Bill 201 exclusively classifies
police and fire chiefs and excludes other appointive department heads
of municipalities, including City Attorneys, Recorders, Personnel
Directors, and others with sensitive and important assignments which
are subject to removal without a demonstration of cause under the
provisions of Sections 10-3-902, 910, Utah Code Annotated, 1953, as
amended; and
WHEREAS, the legislature has traditionally recognized the impor-
tance of permitting elected officials to appoint and remove key
. • -2- .
appointed positions, to facilitate efficiency and responsiveness in
government to the electorial process, particularly police and fire
chiefs with their quasi-military powers under the provisions of
Chapter 3 of Title 10, Utah Code Annotated;
NOW, THEREFORE, BE IT 'RESOLVED by the Board of Salt Lake City
Commissioners that it urges the 1979 General Session to oppose and
reject Senate Bill 201 because it would vest tenure in police and
fire chiefs and make it impossible or, (at best), extremely difficult
to remove incompetent or ineffectual leadership in key and sensative
departments. Further, the Bill places such a heavy burden of proof
and creates standards for "cause", which would make it more difficult
to remove an errant or ineffective chief than to remove one of his
subordinate police or fire officers.
IT IS FURTHER RESOLVED that this resulution is not intended as
a criticism of any public official but rather as an expression of
general principles of efficient governmental administration.
A copy of this resolution is to be forwarded to the members of
the House and Senate as an expression of the City's concern and
opposition to the Bill as presently drafted.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 14th day of February, 1979. c: ,,;7,,,e4,it :.........
MAYOR
COM7SSf0 R
1 CO& R
0 ,SSIANER
))/ji' '
COMMISSIONER
is
• Resolution No. 13
By Jennings Phillips. Jr.
COMMISSIONER
Opposing Senate Bill 201 relating to the
removal of Police and Fire Chiefs.
Presented to the Qoard of Commissioners
AND PA>5ED
FEB 14139
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