Representative Val K. Potter proposes the following substitute bill:


1     
TEMPORARY REPLACEMENT FOR COUNTY ELECTED

2     
OFFICIALS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Val K. Potter

6     
Senate Sponsor: Deidre M. Henderson

7     

8     LONG TITLE
9     General Description:
10          This bill provides for a temporary manager to fulfill the duties of a vacant county office
11     until the county legislative body appoints an interim replacement.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides for a temporary manager to fulfill the duties of a vacant county office until
15     the county legislative body appoints an interim replacement; and
16          ▸     imposes limitations on the temporary manager's authority.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-1-508, as last amended by Laws of Utah 2017, Chapter 54
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-1-508 is amended to read:
27          20A-1-508. Midterm vacancies in county elected offices.
28          (1) As used in this section:
29          (a) (i) "County offices" includes the county executive, members of the county
30     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
31     the county recorder, the county surveyor, and the county assessor.
32          (ii) "County offices" does not [mean the offices of president and vice president of the
33     United States, United States senators and representatives, members of the Utah Legislature,
34     state constitutional officers, county attorneys, district attorneys, and judges] include the office
35     of county attorney, district attorney, or judge.
36          (b) "Party liaison" means the political party officer designated to serve as a liaison with
37     each county legislative body on all matters relating to the political party's relationship with a
38     county as required by Section 20A-8-401.
39          (2) (a) Until a county legislative body appoints an interim replacement to fill a vacant
40     county office under Subsection (3), the following shall temporarily fill the county office as a
41     temporary manager:
42          (i) for a county office with one chief deputy, the chief deputy;
43          (ii) for a county office with more than one chief deputy:
44          (A) the chief deputy with the most cumulative time served as a chief deputy for the
45     county office; or
46          (B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer
47     vacates the office, the county officer files with the county clerk a written statement designating
48     one of the county officer's chief deputies to discharge the duties of the county office in the
49     event the county officer vacates the office, the designated chief deputy; or
50          (iii) for a county office without a chief deputy:
51          (A) if one management-level employee serving under the county office has a
52     higher-seniority management level than any other employee serving under the county office,
53     that management-level employee;
54          (B) if two or more management-level employees serving under the county office have
55     the same and highest-seniority management level, the highest-seniority management-level
56     employee with the most cumulative time served in the employee's current position; or
57          (C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county
58     officer vacates the office, the county officer files with the county clerk a written statement
59     designating one of the county officer's employees to discharge the county officer's duties in the
60     event the county officer vacates the office, the designated employee.
61          (b) Except as provided in Subsection (2)(c), a temporary manager described in
62     Subsection (2)(a) who temporarily fills a county office holds the powers and duties of the
63     county office until the county legislative body appoints an interim replacement under
64     Subsection (3).
65          (c) The temporary manager described in Subsection (2)(a) who temporarily fills a
66     county office:
67          (i) may not take an oath of office for the county office as a temporary manager;
68          (ii) shall comply with Title 17, Chapter 36, Uniform Fiscal Procedures Act for
69     Counties, and the county's budget ordinances and policies;
70          (iii) unless approved by the county legislative body, may not change the compensation
71     of an employee;
72          (iv) unless approved by the county legislative body, may not promote or demote an
73     employee or change an employee's job title;
74          (v) may terminate an employee only if the termination is conducted in accordance with:
75          (A) personnel rules described in Subsection 17-33-5(3) that are approved by the county
76     legislative body; and
77          (B) applicable law;
78          (vi) unless approved by the county legislative body, may not exceed by more than 5%
79     an expenditure that was planned before the county office that the temporary manager fills was
80     vacated;
81          (vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or
82     compensation; and
83          (viii) if approved by the county legislative body, may receive a performance award
84     after:
85          (A) the county legislative body appoints an interim replacement under Subsection (3);
86     and
87          (B) the interim replacement is sworn into office.
88          [(2)] (3) (a) Until a replacement is selected as provided in this section and has
89     qualified, the county legislative body shall appoint an interim replacement to fill the vacant
90     office by following the procedures and requirements of this Subsection [(2)] (3).
91          (b) (i) To appoint an interim replacement, the county legislative body shall give notice
92     of the vacancy to the party liaison of the same political party of the prior office holder and
93     invite that party liaison to submit the name of a person to fill the vacancy.
94          (ii) That party liaison shall, within 30 days, submit the name of the person selected in
95     accordance with the party constitution or bylaws as described in Section 20A-8-401 for the
96     interim replacement to the county legislative body.
97          (iii) The county legislative body shall no later than five days after the day on which a
98     party liaison submits the name of the person for the interim replacement appoint the person to
99     serve out the unexpired term.
100          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
101     vacancy in accordance with Subsection [(2)] (3)(b)(iii), the county clerk shall send to the
102     governor a letter that:
103          (A) informs the governor that the county legislative body has failed to appoint a
104     replacement within the statutory time period; and
105          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
106          (ii) The governor shall appoint the person named by the party liaison as an interim
107     replacement to fill the vacancy within 30 days after receipt of the letter.
108          (d) A person appointed as interim replacement under this Subsection [(2)] (3) shall
109     hold office until their successor is elected and has qualified.
110          [(3)] (4) (a) The requirements of this Subsection [(3)] (4) apply to all county offices
111     that become vacant if:
112          (i) the vacant office has an unexpired term of two years or more; and
113          (ii) the vacancy occurs after the election at which the person was elected but before
114     April 10 of the next even-numbered year.
115          (b) (i) When the conditions established in Subsection [(3)] (4)(a) are met, the county
116     clerk shall notify the public and each registered political party that the vacancy exists.
117          (ii) An individual intending to become a candidate for the vacant office shall file a
118     declaration of candidacy in accordance with:
119          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
120          (B) for a county commission office, Subsection 17-52-501(6) or 17-52-502(6), if
121     applicable.
122          (iii) An individual who is nominated as a party candidate for the vacant office or
123     qualified as an independent or write-in candidate under Chapter 8, Political Party Formation
124     and Procedures, for the vacant office shall run in the regular general election.
125          [(4)] (5) (a) The requirements of this Subsection [(4)] (5) apply to all county offices
126     that become vacant if:
127          (i) the vacant office has an unexpired term of two years or more; and
128          (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 75
129     days before the regular primary election.
130          (b) (i) When the conditions established in Subsection [(4)] (5)(a) are met, the county
131     clerk shall notify the public and each registered political party that:
132          (A) the vacancy exists; and
133          (B) identifies the date and time by which a person interested in becoming a candidate
134     shall file a declaration of candidacy.
135          (ii) An individual intending to become a candidate for a vacant office shall, within five
136     days after the date that the notice is made, ending at the close of normal office hours on the
137     fifth day, file a declaration of candidacy for the vacant office in accordance with:
138          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
139          (B) for a county commission office, Subsection 17-52-501(6) or 17-52-502(6), if
140     applicable.
141          (iii) The county central committee of each party shall:
142          (A) select a candidate or candidates from among those qualified candidates who have
143     filed declarations of candidacy; and
144          (B) certify the name of the candidate or candidates to the county clerk at least 60 days
145     before the regular primary election.
146          [(5)] (6) (a) The requirements of this Subsection [(5)] (6) apply to all county offices
147     that become vacant:
148          (i) if the vacant office has an unexpired term of two years or more; and
149          (ii) when 75 days or less remain before the regular primary election but more than 65
150     days remain before the regular general election.
151          (b) When the conditions established in Subsection [(5)] (6)(a) are met, the county
152     central committees of each political party registered under this title that wishes to submit a
153     candidate for the office shall summarily certify the name of one candidate to the county clerk
154     for placement on the regular general election ballot.
155          [(6)] (7) (a) The requirements of this Subsection [(6)] (7) apply to all county offices
156     that become vacant:
157          (i) if the vacant office has an unexpired term of less than two years; or
158          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
159     remain before the next regular general election.
160          (b) (i) When the conditions established in Subsection [(6)] (7)(a) are met, the county
161     legislative body shall give notice of the vacancy to the party liaison of the same political party
162     as the prior office holder and invite that party liaison to submit the name of a person to fill the
163     vacancy.
164          (ii) That party liaison shall, within 30 days, submit the name of the person to fill the
165     vacancy to the county legislative body.
166          (iii) The county legislative body shall no later than five days after the day on which a
167     party liaison submits the name of the person to fill the vacancy appoint the person to serve out
168     the unexpired term.
169          (c) (i) If the county legislative body fails to appoint a person to fill the vacancy in
170     accordance with Subsection [(6)] (7)(b)(iii), the county clerk shall send to the governor a letter
171     that:
172          (A) informs the governor that the county legislative body has failed to appoint a person
173     to fill the vacancy within the statutory time period; and
174          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
175          (ii) The governor shall appoint the person named by the party liaison to fill the vacancy
176     within 30 days after receipt of the letter.
177          (d) A person appointed to fill the vacancy under this Subsection [(6)] (7) shall hold
178     office until their successor is elected and has qualified.
179          [(7)] (8) Except as otherwise provided by law, the county legislative body may appoint
180     replacements to fill all vacancies that occur in those offices filled by appointment of the county
181     legislative body.
182          [(8)] (9) Nothing in this section prevents or prohibits independent candidates from
183     filing a declaration of candidacy for the office within the same time limits.
184          [(9)] (10) (a) Each person elected under Subsection [(3), (4), or (5)] (4), (5), or (6) to
185     fill a vacancy in a county office shall serve for the remainder of the unexpired term of the
186     person who created the vacancy and until a successor is elected and qualified.
187          (b) Nothing in this section may be construed to contradict or alter the provisions of
188     Section 17-16-6.