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HB 153: Law Enforcement Officer Employment Amendments

  • February 12, 2026 8:22 AM
    Reply # 13597379 on 13588263
    David Kitchen (Administrator)

    HB 153 was favorably passed out of the House Law Enforcement and Criminal Justice Committee yesterday (2/11). I learned upon closer reading of the bill and listening to Rep. Gwynn during the presentation that this bill DOES apply to all law enforcement, whether you have a civil service commission or not.

    Rep. Gwynn framed this bill as some cities are following Loudermill proceedings (pre-determination / due process hearings before discpline is decided) and some are not at all. Therefore, Rep. Gwynn is preposing a update to state code that basically codifies what I consider recommended best practices anyways: if you are considering discipline for an officer that could end up as a suspension of more than two days, a decrease in pay, a demotion, etc. give the employee time to respond in writing to the alleged violations. It's their right and it's good management practices. 

  • February 02, 2026 12:39 PM
    Reply # 13593182 on 13588263
    David Kitchen (Administrator)

    HB 153 has not been assigned to a committe yet, but there is an amendment publically available, which adds additional clarification on changing renumeration as a disciplinary action. 

  • January 22, 2026 1:37 PM
    Message # 13588263
    David Kitchen (Administrator)

    Bill text: https://le.utah.gov/~2026/bills/static/HB0153.html

    Summary: HB0153 requires municipalities that have a civil service to give law enforcement officers minimum pre‑disciplinary due process (notice of allegations, at least two business days to submit a written response, consideration of that response, and an opportunity to be heard) before suspending them for more than two days, demoting, discharging, or transferring them to a lower‑paid position. It amends Utah Code 10‑3‑1012 and 10‑3‑1106; existing appeal structures remain. Effective May 6, 2026.

    David's Take: In practice, I believe many of us are following this guidance because of the requirement for pre-determination hearings / Loudermill rights, established by the U.S. Supreme court in 1985.  and Utah Code 10-3-1105/1106. However, because 10-3-1105 2b specifically excludes police and fire employees in a classified civil service, this bill clarifies and extends similar protections that are found in 1105/1106. I see it as a codification of best practices. 

    It also makes sense because Rep. Gwynn is the Police Chief of Roy City and member of the Utah Fraternal Order of Police. 

    *General Disclaimer: David's take is is his own personal opinion and is non-legal binding nor is the official position of the Chapter. 



PSHRA Utah (Email) 

Current President: Jill Tew



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