53-6-309 - Revocation, suspension, or refusal of certification -- Hearings -- Grounds -- Notice to employer. - Utah Statutes

53-6-309. Revocation, suspension, or refusal of certification -- Hearings -- Grounds-- Notice to employer.
(1) (a) The director may, upon the concurrence of the majority of the council, revoke,refuse, or suspend certification of a dispatcher for cause.
(b) The council shall give the person or dispatcher involved prior notice and anopportunity for a full hearing before the council.
(c) The director, with the concurrence of the council, may by rule designate a presidingofficer to represent the council in adjudicative proceedings or hearings before the council.
(d) Any of the following constitute cause for action under Subsection (1)(a):
(i) willful falsification of any information to obtain certified status;
(ii) physical or mental disability affecting the employee's ability to perform his duties;
(iii) addiction to or the unlawful sale, possession, or use of narcotics, drugs, or drugparaphernalia;
(iv) conviction of a felony or any crime involving dishonesty, unlawful sexual conduct,physical violence, or driving under the influence of alcohol or drugs; or
(v) any conduct or pattern of conduct that would tend to disrupt, diminish, or otherwisejeopardize public trust and fidelity in law enforcement.
(2) (a) Notwithstanding Title 77, Chapter 18 regarding expungements, or a similar statuteor rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction may beconsidered for purposes of this section.
(b) In this section, "conviction" includes a conviction that has been expunged, dismissed,or treated in a similar manner to either of these procedures.
(c) This provision applies to convictions entered both before and after May 1, 1995.
(3) The director shall send notice to the governing body of the political subdivisionemploying the certified dispatcher and shall receive information or comments concerning thecertified dispatcher from the governing body or the agency employing the dispatcher beforesuspending or revoking that dispatcher's certification.
(4) Denial, suspension, or revocation procedures may not be initiated by the council whena dispatcher is terminated for infraction of his agency's policies, general orders, or similarguidelines of operation that do not amount to any of the causes for denial, suspension, orrevocation enumerated in Subsection (1).
(5) (a) Termination of a certified dispatcher, whether voluntary or involuntary, does notpreclude revocation or subsequent denial of dispatcher certification status by the council if thedispatcher was terminated for any of the reasons under Subsection (1).
(b) Employment by another agency, or reinstatement of a certified dispatcher by thecertified dispatcher's parent agency after termination, whether the termination was voluntary orinvoluntary, does not preclude revocation or subsequent denial of dispatcher certification status bythe council if the certified dispatcher was terminated for any of the reasons under Subsection (1).

Enacted by Chapter 134, 1995 General Session