If the United States or a federal representative brings a legal action or a proceeding against a chief executive officer, a county sheriff, or an employee or agent of a chief executive officer or county sheriff for taking action to exercise the jurisdictional authority described in this chapter, and that action is taken to mitigate an imminent threat to the health, safety, or welfare of the people of a political subdivision in accordance with Section 11-51-103, the attorney general shall:
Terms Used In Utah Code 11-51-104
Chief executive officer: means :
(a)
for a municipality:
(i)
the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
(ii)
the city manager, if the municipality is operating under the council-manager form of government; or
(b)
for a county:
(i)
the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
(ii)
the county executive officer, if the county is operating under the county-executive council form of government; or
(iii)
the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102
County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section 17-22-1. See Utah Code 11-51-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Political subdivision: means a municipality or county. See Utah Code 11-51-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
review the legal action brought by the United States or federal representative;
(b)
investigate the matter, including conducting interviews of the chief executive officer, county sheriff, or employees or agents of the political subdivision; and
(c)
decide in the attorney general’s discretion whether to provide a defense for a person named as a defendant in the legal action.
(2)
If the attorney general determines to provide or not provide a defense to a person named as a defendant in a legal action described in Subsection (1), that determination does not imply:
(a)
a position or opinion by the attorney general as to the merits of the legal action; and
(b)
a duty or agreement by the state to pay a monetary judgment for the United States or federal representative that may be obtained against a person named in the legal action.
(3)
Subsections (1) and (2) may not be interpreted to prohibit a county from:
(a)
reviewing a legal action described in Subsection (1);
(b)
investigating the matter, including conducting interviews;
(c)
providing a defense for a person named as a defendant in the legal action; or
(d)
assisting the attorney general with a duty described in this section.
