City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
(a)
(i)
The legislative governing bodies of counties and cities shall determine whether to appoint constables.
(ii)
If a county or city decides to appoint constables, the county or city shall nominate and appoint constables in accordance with this chapter.
(b)
(i)
Notwithstanding Subsection (1)(a), a constable holding office on July 1, 2019, may complete the constable’s term.
(ii)
A constable shall serve any subsequent terms the constable may serve in accordance with this chapter.
(2)
To nominate a constable, the legislative body of a county of the first or second class or the legislative body of a city of the first or second class shall establish a nominating commission.
(a)
The county nominating commission shall consist of:
(i)
one member of the county legislative governing body or the member’s designee;
(ii)
one judge or the judge’s designee;
(iii)
the county attorney or the county attorney’s designee;
(iv)
the district attorney or the district attorney’s designee;
(v)
the sheriff of the county or the sheriff’s designee; and
(vi)
one private citizen.
(b)
The city nominating commission shall consist of:
(i)
one member of the city legislative governing body;
(ii)
one judge;
(iii)
the city attorney;
(iv)
the chief of police; and
(v)
one private citizen.
(c)
The nominating commission described in this Subsection (2) shall review each applicant’s credentials and, by majority vote, recommend to the legislative governing body of the county or city the nominees the nominating commission finds most qualified.
(d)
The county or city legislative governing body shall either appoint or reject any nominee that the nominating commission recommends under Subsection (2)(c).
(3)
The legislative body of a county of the third, fourth, fifth, or sixth class or the legislative body of a city of the third, fourth, or fifth class may appoint a constable on a recommendation from:
(a)
the county sheriff and the county attorney; or
(b)
the chief of police.
(4)
A county or city legislative governing body that appoints a constable under this section may withdraw the authority of the constable for cause, including if the constable’s peace officer certification is suspended or revoked under Section 53-6-211.
