17-52-401. Contents of proposed optional plan.
(1) Each optional plan proposed under this chapter:
(a) shall propose the adoption of one of the forms of county government listed in
Subsection 17-52-402(1)(a);
(b) shall contain detailed provisions relating to the transition from the existing form of
county government to the form proposed in the optional plan, including provisions relating to
the:
(i) election or appointment of officers specified in the optional plan for the new form of
county government;
(ii) retention, elimination, or combining of existing offices and, if an office is eliminated,
the division or department of county government responsible for performing the duties of the
eliminated office;
(iii) continuity of existing ordinances and regulations;
(iv) continuation of pending legislative, administrative, or judicial proceedings;
(v) making of interim and temporary appointments; and
(vi) preparation, approval, and adjustment of necessary budget appropriations;
(c) shall specify the date it is to become effective if adopted, which shall not be earlier
than the first day of January next following the election of officers under the new plan; and
(d) notwithstanding any other provision of this title and except with respect to an
optional plan that proposes the adoption of the county commission or expanded county
commission form of government, with respect to the county budget:
(i) may provide that the county auditor's role is to be the budget officer, to project county
revenues, and to prepare a tentative budget to present to the county executive; and
(ii) shall provide that the county executive's role is to prepare and present a proposed
budget to the county legislative body, and the county legislative body's role is to adopt a final
budget.
(2) Subject to Subsection (3), an optional plan may include provisions that are
considered necessary or advisable to the effective operation of the proposed optional plan.
(3) An optional plan may not include any provision that is inconsistent with or prohibited
by the Utah Constitution or any statute.
(4) Each optional plan proposing to change the form of government to a form under
Section 17-52-504 or 17-52-505 shall:
(a) provide for the same executive and legislative officers as are specified in the
applicable section for the form of government being proposed by the optional plan;
(b) provide for the election of the county council;
(c) specify the number of county council members, which shall be an odd number from
three to nine;
(d) specify whether the members of the county council are to be elected from districts, at
large, or by a combination of at large and by district;
(e) specify county council members' qualifications and terms and whether the terms are
to be staggered;
(f) contain procedures for filling vacancies on the county council, consistent with the
provisions of Section 20A-1-508; and
(g) state the initial compensation, if any, of county council members and procedures for
prescribing and changing compensation.
(5) Each optional plan proposing to change the form of government to the county
commission form under Section 17-52-501 or the expanded county commission form under
Section 17-52-502 shall specify:
(a) (i) for the county commission form of government, that the county commission shall
have three members; or
(ii) for the expanded county commission form of government, whether the county
commission shall have five or seven members;
(b) the terms of office for county commission members and whether the terms are to be
staggered;
(c) whether members of the county commission are to be elected from districts, at large,
or by a combination of at large and from districts; and
(d) if any members of the county commission are to be elected from districts, the district
residency requirements for those commission members.
Amended by Chapter 131, 2003 General Session
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Last revised: Thursday, May 28, 2009