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Utah Legislation Update- 2022 HB 104

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Representative Kay Christofferson, with Governor Cox’s support, continues to push and expand 2022 HB 104, which was passed in 2022 and is found in Utah Code Ann. section 63A-17-301. This bill, subject to some limitations, made all state supervisory employees, with the exception of Christofferson’s preferred carve-outs, at-will employees. At-will employees lose their career service status and their due process rights. Disguised as “pay for performance” what this bill really does is allow agencies to discipline or terminate employees without any right to grieve or appeal the action. These employees can be fired or run out for any reason and will be left without any meaningful recourse or way to undo such action. FOP and Nelson Jones have engaged with policy makers on Capitol Hill and were lied to about what the bill was and what it was meant to accomplish.

The real goal is to make all public safety employees at-will and subject to removal at any time (say right before retirement) and for any reason. In other words, the Governor, and his legislative backers, want to make it legal to fire cops for anything, at any time, and prevent those officers from challenging that action or regaining their employment. Ask yourself if you’ve ever seen a firing that was political or unjustified? Ask yourself if agencies would be happy to be able to remove officers without having to worry about being challenged or actually having to prove their claims? Vote accordingly. In the meantime, Nelson Jones and the FOP are working together on a Police Officer Bill of Rights which we hope to get before the legislature at the next session. However, without your voices, we are not as loud as we need to be. We ask you to contact your representative/senator to tell them you want more protections, not less, and to support an officer bill of rights instead of the removal of merit protections.

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