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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-16-1 Eligibility and residency requirements for county, district, precinct, or prosecution district office.
(1) A person filing a declaration of candidacy for a county, district, precinct, or prosecution district office shall:
(a) be a United States citizen;
(b) except as provided in Subsection 17-18-5 (1)(d)(ii) with respect to the office of county attorney or district attorney, as of the date of the election have been a resident of the county, district, precinct, or prosecution district in which the person seeks office for at least one year; and
(c) be a registered voter in the county, district, precinct, or prosecution district in which the person seeks office.
(2) (a) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which he was elected during his term of office.
(b) If a county, district, precinct, or prosecution district
officer establishes his principal place of residence as provided
in Section
20A-2-105
outside the county, district, precinct, or
prosecution district in which he was elected, the office
is automatically vacant.
1999
17-16-2.5 Creation of Office of District Attorney.
For each prosecution district created pursuant to Section
17-18-1.9
, there is created the Office of District Attorney.
1993
17-16-3 Consolidation of offices.
(1) The county legislative body may, unless prohibited by Subsection (2), pass an ordinance that:
(a) consolidates county offices and establishes the duties of those consolidated offices;
(b) separates any previously consolidated offices and reconsolidates them; or
(c) separates any previously consolidated offices without reconsolidating them.
(2) The county legislative body may not:
(a) consolidate the offices of county commissioner, county council member, or county treasurer with the office of county auditor;
(b) consolidate the office of county executive with the office of county auditor, unless a referendum approving that consolidation passes; or
(c) consolidate the offices of county commissioner, county council member, county executive, or county auditor with the office of county treasurer.
(3) The county legislative body shall ensure that any ordinance consolidating or separating county offices:
(a) is enacted before the February 1 of the year in which county officers are elected; and
(b) takes effect on the first Monday in January after the year in which county officers are elected.
(4) Each county legislative body shall:
(a) separate any county offices that are prohibited from consolidation by this section by March 1, 1994; and
(b) publish, by March 7, 1994, a notice once in a newspaper
of general circulation in the county identifying the county
offices that will be filled in the November, 1994 election.
1994
17-16-4 Election of officer to consolidated office.
When offices are united and consolidated but one person
shall be elected to fill the offices so united and consolidated,
and he must take the oath and give the bond required for,
and discharge all the duties pertaining to, each.
1953
17-16-5.5 Reassignment of certain assessor duties to treasurer.
A county legislative body may by ordinance reassign to
the treasurer the duties of the assessor under Sections
59-2-407
,
59-2-1302
,
59-2-1303
, and
59-2-1305
.
1999
17-16-6 County officers - Time of holding elections - County commissioners - Terms of office.
Except as otherwise provided in an optional plan adopted under Chapter 52, Forms of County Government:
(1) each elected county officer shall be elected at the general election held in November, 1990, and then every four years, except as otherwise provided in this title;
(2) county commissioners shall be elected at the times, in the manner, and for the terms provided in Section 17-52-501 ; and
(3) an elected officer shall hold office for the term
for which he is elected, beginning at noon on the first Monday
in January following his election and until a successor is
elected or appointed and qualified, except as provided in
Section
17-16-1
.
2000
17-16-6.5 Campaign financial disclosure in county elections.
(1) (a) By January 1, 1996, each county shall adopt an ordinance establishing campaign finance disclosure requirements for candidates for county office.
(b) The ordinance shall include:
(i) a requirement that each candidate for county office report his itemized and total campaign contributions and expenditures at least once within the two weeks before the election and at least once within two months after the election;
(ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things; and
(iii) a requirement that the financial reports identify:
(A) for each contribution of more than $50, the name of the donor of the contribution and the amount of the contribution; and
(B) for each expenditure, the name of the recipient and the amount of the expenditure.
(2) (a) Except as provided in Subsection (2)(b), if any county fails to adopt a campaign finance disclosure ordinance by January 1, 1996, candidates for county office shall comply with the financial reporting requirements contained in Subsections (3) through (6).
(b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting the requirements of Subsection (1), that county need not comply with the requirements of Subsections (3) through (6).
(3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinance meeting the requirements of this section, each candidate for elective office in any county who is not required to submit a campaign financial statement to the lieutenant governor shall file a signed campaign financial statement with the county clerk:
(i) seven days before the date of the regular general election, reporting each contribution of more than $50 and each expenditure as of ten days before the date of the regular general election; and
(ii) no later than 30 days after the date of the regular general election.
(b) Candidates for community council offices are exempt from the requirements of this section.
(4) (a) The statement filed seven days before the regular general election shall include:
(i) a list of each contribution of more than $50 received by the candidate, and the name of the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
(iii) a list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure.
(b) The statement filed 30 days after the regular general election shall include:
(i) a list of each contribution of more than $50 received after the cutoff date for the statement filed seven days before the election, and the name of the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate after the cutoff date for the statement filed seven days before the election; and
(iii) a list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven days before the election, and the recipient of each expenditure.
(5) Candidates for elective office in any county who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this section not later than 30 days after the primary election.
(6) Any person who fails to comply with this section is guilty of an infraction.
(7) Counties may, by ordinance, enact requirements that:
(a) require greater disclosure of campaign contributions and expenditures; and
(b) impose additional penalties.
(8) (a) If a candidate fails to file an interim report due before the election, the county clerk shall, after making a reasonable attempt to discover if the report was timely mailed, inform the appropriate election officials who:
(i) shall, if practicable, remove the name of the candidate by blacking out the candidate's name before the ballots are delivered to voters; or
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and
(iii) may not count any votes for that candidate.
(b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
(i) the candidate files the reports required by this section;
(ii) those reports are completed, detailing accurately and completely the information required by this section except for inadvertent omissions or insignificant errors or inaccuracies; and
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
(c) A report is considered filed if:
(i) it is received in the county clerk's office no later than 5 p.m. on the date that it is due;
(ii) it is received in the county clerk's office with a U.S. Postal Service postmark three days or more before the date that the report was due; or
(iii) the candidate has proof that the report was mailed, with appropriate postage and addressing, three days before the report was due.
(9) (a) Any private party in interest may bring a civil action in district court to enforce the provisions of this section or any ordinance adopted under this section.
(b) In a civil action filed under Subsection (9)(a), the
court shall award costs and attorney's fees to the prevailing
party.
2003
17-16-7 Deputies and employees - Appointments - County legislative body consent power - Liability of principal - Deputy may serve despite vacancy in office of appointing officer.
(1) (a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the officer's office.
(b) The county legislative body's consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by:
(i) the budget approval process;
(ii) approval of an allocation of a certain number of positions; or
(iii) approval or disapproval of the hiring of individual applicants.
(c) A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1).
(2) If the county clerk performs district court clerk functions, the legislative body of that county shall provide the clerk with deputies and employees for the business of the district courts as considered necessary and advisable by the judge or judges of the district court, consistent with the level of funding for clerk services from the court administrator's office.
(3) (a) Each officer appointing a deputy shall, for each deputy appointed, file a signed writing with the county clerk that memorializes the appointment.
(b) The officer appointing the deputy is liable for all official acts of the deputy.
(c) If the office of the officer who appointed the deputy
becomes vacant, the deputy may continue to serve despite
the vacancy.
2001
17-16-8 Powers, duties and liabilities of deputies.
Whenever the official name of any principal officer is
used in any law conferring powers or imposing duties or liabilities
it includes deputies.
1953
17-16-9 Officers at county seats - Office hours.
(1) The elected county officers of all counties, except those in counties having a population of less than 8,000, shall have their offices at the county seats.
(2) (a) In all counties the clerk, sheriff, recorder, auditor, treasurer, assessor, and attorney shall keep their offices open for the transaction of business as authorized by resolution of the county legislative body.
(b) If the county legislative body does not authorize hours of operation for Saturdays, then the hours served by the employees of the county shall not be less than under their present schedule.
(c) (i) Any act authorized, required, or permitted to be performed at or by, or with respect to, any county office on a Saturday when the county office is closed, may be performed on the next business day.
(ii) No liability or loss of rights of any kind may result
from that delay.
1993
17-16-10.5 Malfeasance in office - Felony charges or incapacitation - Paid administrative leave - Reassignment of duties.
(1) The failure of an elected county or prosecution district officer substantially to perform the officer's official duties constitutes malfeasance in office under Section 77-6-1 .
(2) If an elected county or prosecution district officer is charged with the commission of a felony arising from conduct related to the officer's official duties, the officer shall be placed on paid administrative leave by the county legislative body until a court of competent jurisdiction disposes of the charges.
(3) (a) During the time that an elected county or prosecution district officer is on paid administrative leave under Subsection (2), the officer's duties may, except as provided in Subsection (3)(c), be temporarily:
(i) reassigned to another officer by the county legislative body; or
(ii) performed by a person employed for that purpose, under the supervision of the county legislative body.
(b) For purposes of Subsection (3)(a) with respect to a prosecution district officer in a multi-county prosecution district, "county legislative body" means the legislative bodies of all counties included in the prosecution district.
(c) A reassignment under Subsection (3)(a) may not result in the same person exercising the duties of:
(i) both a county legislative body member or county treasurer and county auditor; or
(ii) both a county executive and county auditor.
1999
17-16-11 Fidelity bonds and theft or crime insurance.
(1) As used in this section, "county officials" means:
(a) the members of the county legislative body;
(b) the county executive;
(c) the county clerk;
(d) the county auditor;
(e) the county sheriff;
(f) the county attorney;
(g) in a county that is within a prosecution district, the district attorney;
(h) the county recorder;
(i) the county assessor;
(j) the county surveyor;
(k) each justice court judge and constable within the county;
(l) the county treasurer; and
(m) each deputy or assistant of those listed in Subsections (1)(a) through (l) for whom the county legislative body determines a general fidelity bond or theft or crime insurance should be acquired.
(2) (a) The legislative body of each county shall prescribe the amount of each general fidelity bond or of theft or crime insurance to be acquired for county officials, except the county treasurer, before the county officials, except the county treasurer, may discharge the duties of their respective offices.
(b) The State Money Management Council created in Section 51-7-16 shall prescribe the amount of a general fidelity bond or theft or crime insurance to be acquired for the county treasurer before the county treasurer may discharge the duties of that office.
(c) A county legislative body may acquire a fidelity bond or theft or crime insurance on all county officials as a group rather than individually.
(3) (a) The county legislative body shall approve the premium for each fidelity bond before the bond may be filed and recorded.
(b) The cost of each fidelity bond and theft or crime insurance policy shall be paid from county funds.
(4) Each fidelity bond shall be recorded in the office of the county recorder and a copy of it filed and maintained in the office of the county clerk.
(5) (a) The district attorney of each multicounty prosecution district shall:
(i) execute a fidelity bond or acquire theft or crime insurance in the amount specified in the interlocal agreement that created the prosecution district; and
(ii) record each fidelity bond with the county recorder and file a copy of it with the county clerk as specified in the interlocal agreement.
(b) The cost of each fidelity bond or theft or crime insurance
policy under Subsection (5)(a) shall be paid as specified
in the interlocal agreement that created the prosecution
district.
2003
17-16-12 Business to be finished before expiration of term.
It shall be the duty of all officers in this title named
to complete the business of their respective offices to the
time of the expiration of their respective terms, and in
case an officer at the close of his term shall leave to his
successor official labor to be performed for which he has
received compensation or which it was his duty to perform,
he shall be liable to pay his successor the full value of
such service.
1953
17-16-14 Salaries of county officers.
The annual salaries of the officers of all counties in
the state shall be fixed by the respective county legislative
bodies, provided no changes shall be made in existing salaries
of county officers until the county legislative body in a
county desiring to change existing salaries of county officers
shall first hold a public hearing at which all interested
persons shall be given an opportunity to be heard.
1993
17-16-16 Commissioners' traveling expenses.
The members of the board of county commissioners shall
not receive any compensation in addition to that provided
in Section
17-16-14
for any special or committee work, but each
member shall be paid the amount of his actual and reasonable
traveling expenses in attending the regular and special sessions
of the board and in the discharge of necessary duties; provided,
that an itemized statement shall be made showing in detail
the expenses incurred, and shall be subscribed and sworn
to by the member claiming such expenses.
1971
17-16-17 Change of class - Effect on salaries - Salaries for new counties.
If the taxable value of any existing county has been reduced
below or raised above the class and rank first assumed, the
county legislative body of the county shall designate the
class to which the county has been reduced or raised, and
the county is in that class, and the salaries of county officers
shall be adjusted on or before January 1 next succeeding
by the county legislative body, but in no event may the salaries
be reduced for the term for which the officers were elected
and are qualified. The county legislative body in a newly
created county shall at its first meeting after the organization
of the county, for the purpose of fixing salaries and compensation
of county officers, determine to which class the county belongs,
and fix the salaries for the first term of the officers accordingly.
1993
17-16-18 Salaries paid out of general fund.
The salaries of county officers must be paid monthly out
of the general fund or the salary fund, as the case may be,
of the county upon the order of the county legislative body.
1993
17-16-19 Salaries to be full compensation - Compensation for deputies.
The salaries herein provided for shall be full compensation
for all services of every kind and description rendered by
the officers named herein; and where deputies or assistants
have been allowed to any such officers the salary of any
deputy or assistant shall be fixed by the county legislative
body, and shall be a county charge.
1993
17-16-20 Salaries in case of combined offices.
Whenever the county legislative body shall combine the
duties of any county officers the salary of the person discharging
the duties of such offices shall be fixed at a sum not exceeding
the highest salary paid to either of the officers whose offices
are so combined, in addition to an amount not exceeding one-half
of the salary fixed for the other officer, when only two
offices are combined, or when more than two offices are combined,
in addition to such highest salary, one-third of the combined
salaries of such other officers.
1993
17-16-21 Fees of county officers.
(1) As used in this section, "county officer" means all of the county officers enumerated in Section 17-53-101 except county recorders, county constables, and county sheriffs.
(2) (a) Each county officer shall collect, in advance, for exclusive county use and benefit:
(i) all fees established by the county legislative body under Section 17-53-211 ; and
(ii) any other fees authorized or required by law.
(b) As long as the displaced homemaker program is authorized by Section 35A-3-114 , the county clerk shall:
(i) assess $20 in addition to whatever fee for a marriage license is established under authority of this section; and
(ii) transmit $20 from each marriage license fee to the Division of Finance to be credited to the displaced homemaker program.
(c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8 , the county clerk shall:
(i) assess $10 in addition to whatever fee for a marriage license is established under authority of this section and in addition to the $20 assessed for the displaced homemaker program; and
(ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in the Children's Legal Defense Account.
(3) This section does not apply to any fees currently
being assessed by the state but collected by county officers.
2001
