A new report released by the state auditor’s office indicates Utah law enforcement officers face more lenient punishment for misconduct than those in other states.
The report, released Wednesday, reviewed discipline by the Peace Officer Standards and Training Council over the past eight years, compared to similar cases in six other states: Arizona, Idaho, Kansas, Montana, Oregon and Washington.
The categories of misconduct reviewed in the audit report were driving under the influence, falsification of government records, illegal drug possession and use, domestic violence and on-duty sexual conduct.
“In each of these categories, Utah’s discipline appears lenient compared to other states,” the report said.
The auditor’s report found revocation of certification was the only discipline against law enforcement for illegal drug use in the other states. In Utah, only two officers in the past eight years had their certification revoked, with the majority (55 percent) facing a one- to three-year suspension.
In cases of domestic violence assault and falsification of government records, police in other states overwhelmingly faced revocation of certification, at 89 percent and 95 percent, respectively. No Utah police officers had their certification revoked for either offense during the study period, with one- to three-year suspensions the administered discipline in 100 percent of domestic violence assault cases and 78 percent of falsifying government record cases.
In the eight years reviewed by the state auditor’s office, no Utah officer had their certification revoked for on-duty sexual conduct or DUI. In the six states used for the comparison, 33 percent of officers had their certification revoked for sex on duty, while 29 percent faced the same consequence for DUIs.
The auditor’s report found the baseline and ranges for discipline “are broad and vary widely.” An example from the report found the discipline for Category B misconduct, which includes Class A misdemeanors and on-duty sexual conduct, ranged from an 18-month suspension to revocation of certification.
The audit report said the result of more lenient discipline than other states is more unfit or untrustworthy officers could remain on duty.
“As such, officers who have DUIs, used illegal drugs, or committed acts of domestic violence, are still able to police the community after being given a suspension or letter of caution,” the report said. “In such cases, not only has the officer’s credibility been impaired, but lax discipline can undermine the officer’s respective agency as well.”
POST investigates complaints of misconduct against law enforcement officers reported by their agency, citizens and anonymous tips.
The state auditor’s office recommended the POST Council change its baseline and range for discipline and increase the degree of discipline consistent with findings in the audit report.
The audit report also recommended state statute be changed to allow for a broader definition of dishonesty, under which an officer can have their certification suspended or revoked. Officers can only currently be disciplined for falsifying information to obtain peace officer certification or lying to their employer after being given protections against self-incrimination during a misconduct investigation.
Other recommendations in the report included auditing law enforcement agencies to ensure they report all required misconduct cases to POST and POST makes information on past officer discipline more accessible to law enforcement agencies during hiring.
The report also found the number of POST certifications issued each year has increased in the past five years, from 248 in fiscal year 2014, to 452 in 2018.