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H.B. 184 Enrolled

                 

COUNTY OFFICERS AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Craig W. Buttars

                  AN ACT RELATING TO COUNTIES; REPEALING LANGUAGE RELATING TO THE
                  EFFECT OF AN OFFICER'S ABSENCE FROM THE COUNTY, DISTRICT, PRECINCT, OR
                  PROSECUTION DISTRICT; ESTABLISHING CERTAIN BEHAVIOR AS MALFEASANCE
                  IN OFFICE; REQUIRING COUNTY OR PROSECUTION DISTRICT OFFICERS TO TAKE
                  PAID ADMINISTRATIVE LEAVE UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING
                  THE TEMPORARY REASSIGNMENT OF THE DUTIES OF AN OFFICER ON
                  ADMINISTRATIVE LEAVE; AND MAKING TECHNICAL CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      17-16-1, as last amended by Chapter 139, Laws of Utah 1997
                  ENACTS:
                      17-16-10.5, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-16-1 is amended to read:
                       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.
                      [(3) If an elected county, district, precinct, or prosecution district officer is absent from the
                  county, district, precinct, or prosecution district any time during his term of office for a continuous
                  period of more than 60 days without the consent of the county legislative body or bodies, the county,
                  district, precinct, or prosecution district office is automatically vacant.]
                      Section 2. Section 17-16-10.5 is enacted to read:
                      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

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                  duties of:
                      (i) both a county legislative body member or county treasurer and county auditor; or
                      (ii) both a county executive and county auditor.

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