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