(1) 

Terms Used In Utah Code 17-16-7

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the officer’s office.

    (b)  The county legislative body‘s consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by:

    (i)  the budget approval process;

    (ii)  approval of an allocation of a certain number of positions; or

    (iii)  approval or disapproval of the hiring of individual applicants.

    (c)  A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1).
  • (2)  If the county clerk performs district court clerk functions, the legislative body of that county shall provide the clerk with deputies and employees for the business of the district courts as considered necessary and advisable by the judge or judges of the district court, consistent with the level of funding for clerk services from the court administrator‘s office.

    (3) 

    (a)  Each officer appointing a deputy shall, for each deputy appointed, file a signed writing with the county clerk that memorializes the appointment.

    (b)  The officer appointing the deputy is liable for all official acts of the deputy.

    (c)  If the office of the officer who appointed the deputy becomes vacant, the deputy may continue to serve despite the vacancy.

    Amended by Chapter 241, 2001 General Session