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Utah Code Title 17. Counties § 17-52a-204. Council-manager form of county government

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) The following shall govern a county operating under the form of government known as the “council-manager” form:

(i) an elected county council;

(ii) a county manager appointed by the council; and

(iii) other officers and employees authorized by law.

(b) The optional plan shall provide for the qualifications, time and manner of appointment subject to Subsections (6) and (7), term of office, compensation, and removal of the county manager.

(2) The county manager is the administrative head of the county government and has the powers, functions, and duties of a county executive, except:

(a) as the county legislative body otherwise provides by ordinance; and

(b) that the county manager may not veto any ordinances enacted by the council.

(3)(a) An individual member of the council may not directly or indirectly, by suggestion or otherwise:

(i) attempt to influence or coerce the manager in:

(A) making any appointment;

(B) removing any officer or employee; or

(C) purchasing supplies;

(ii) attempt to exact any promise relative to any appointment from any candidate for manager; or

(iii) discuss directly or indirectly with the manager the matter of specific appointments to any county office or employment.

(b)(i) A member of the county council who violates the provisions of this Subsection (3) shall forfeit the member's county council office.

(ii) Nothing in this section shall be construed, however, as prohibiting the council from fully and freely discussing with or suggesting to the manager anything pertaining to county affairs or the interests of the county.

(iii) The county manager may not take part in securing, or contributing any money toward, the nomination or election of any candidate for a county office.

(iv) The optional plan may provide procedures for implementing this Subsection (3).

(4) In the council-manager form of county government:

(a) the legislative powers of the county are vested in the county council; and

(b) the executive powers of the county are vested in the county manager.

(5) A reference in statute or state rule to the “governing body” or the “board of county commissioners” of the county, in the council-manager form of county government, means:

(a) the county council, with respect to legislative functions, duties, and powers; and

(b) the county manager, with respect to executive functions, duties, and powers.

(6)(a) As used in this Subsection (6), “interim vacancy period” means the period of time that:

(i) begins on the day on which a general election described in Section 17-16-6 is held to elect a council member; and

(ii) ends on the day on which the council member-elect begins the council member's term.

(b)(i) The county council may not appoint a county manager during an interim vacancy period.

(ii) Notwithstanding Subsection (6)(b)(i):

(A) the county council may appoint an interim county manager during an interim vacancy period; and

(B) the interim county manager's term shall expire once a new county manager is appointed by the new administration after the interim vacancy period has ended.

(c) Subsection (6)(b) does not apply if all the county council members who held office on the day of the county general election whose term of office was vacant for the election are re-elected to the council for the following term.

(7) A county council that appoints a county manager in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the county manager.

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Cite this article: FindLaw.com - Utah Code Title 17. Counties § 17-52a-204. Council-manager form of county government - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-17-counties/ut-code-sect-17-52a-204/

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