Grillone v. Peace Officer Standards & Training Council
Grillone v. Peace Officer Standards & Training Council, 2023 UT App 35 (Orme, J.)
Statutory Interpretation
Grillone resigned from the Murray Police Department in 2014 after an investigation was launched against him. He reapplied to be a peace officer in 2020 and disclosed in his application that he committed a misdemeanor while he was a police officer in 2014. Based on the disclosure, the Division of Peace Officer Standards and Training (POST) began an administrative disciplinary proceeding against Grillone. Grillone moved to dismiss, arguing the four-year statute of limitations for civil actions in section 78B-2-307(3) barred the action because disciplinary proceedings were “civil actions.” An administrative law judge disagreed, and the Utah Court of Appeals affirmed, explaining:
- An administrative disciplinary hearing is not a civil action. One originates in an administrative tribunal, the other in a court. The Legislature has not yet extended POST proceedings to section 78B-2-307(3). The four-year catch-all statute of limitations did not apply here, and the court will not disturb the POST council’s order.
- Practice Tip: Recent amendments in the Peace Officer Training Certification Act may now alert POST to an officer’s conduct without delay.