17-52a-403.  Study committee — Members — Powers and duties — Proposed plan and report — Services provided by county.

(1) 

Terms Used In Utah Code 17-52a-403

  • 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
  • Optional plan: means a plan establishing an alternate form of government for a county as provided in Section 17-52a-404. See Utah Code 17-52a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Study committee: means the committee that has five members appointed and charged with the duties as provided in Section 17-52a-403. See Utah Code 17-52a-102
    • (a)  A study committee consists of:

    (i)  for a study committee established by the county legislative body under Section 17-52a-302, five members appointed by the county legislative body; or

    (ii)  for a study committee established by the registered voters through a petition under Section 17-52a-303:

    (A)  two members appointed by the sponsors of the petition;

    (B)  two members appointed by the county legislative body; and

    (C)  one member appointed by the county’s council of governments.

    (b)  A member of a study committee:

    (i)  may not receive compensation for service on the study committee;

    (ii)  may not hold an elected county office or have filed a current declaration of candidacy for an elected county office; and

    (iii)  shall be a registered voter.

    (c)  The county legislative body shall reimburse each member of a study committee for necessary expenses incurred in performing the member’s duties on the study committee.

    • (2)  A study committee may:

    (a)  adopt rules for the study committee’s own organization and procedure and to fill a vacancy in its membership;

    (b)  establish advisory boards or committees and include on the advisory boards or committees persons who are not members of the study committee; and

    (c)  request the assistance and advice of any officers or employees of any agency of state or local government.

    (3) 

    (a)  A study committee shall:

    (i)  study the form of government within the county and compare it with other forms available under this chapter;

    (ii)  determine whether the administration of local government in the county could be strengthened, made more clearly responsive or accountable to the people, or significantly improved in the interest of economy and efficiency by a change in the form of county government;

    (iii)  hold public hearings and community forums and other means the committee considers appropriate to disseminate information and stimulate public discussion of the committee’s purposes, progress, and conclusions; and

    (iv)  file a written report of the study committee’s findings and recommendations with the county executive, the county legislative body, and the county clerk no later than one year after the convening of the study committee’s first meeting under Section 17-52a-402.

    (b)  Within 10 days after the day on which the study committee submits the study committee’s report under Subsection (3)(a)(iv), if the report recommends a change in the form of county government, the county clerk shall send to the county attorney a copy of the optional plan recommended in the report for review in accordance with Section 17-52a-406.

    (4)  Each study committee report under Subsection (3)(a)(iv) shall include:

    (a)  the study committee’s recommendation as to whether the form of county government should be changed to another form authorized under this chapter;

    (b)  if the study committee recommends changing the form of government, a complete detailed draft of a proposed optional plan to change the form of county government, including all necessary implementing provisions; and

    (c)  any additional recommendations the study committee considers appropriate to improve the efficiency and economy of the administration of local government within the county.

    (5) 

    (a)  If the study committee’s report recommends a change in the form of county government, the study committee may conduct additional public hearings after filing the report under Subsection (3)(a)(iv) and, following the hearings and subject to Subsection (5)(b), alter the report or proposed optional plan.

    (b)  Notwithstanding Subsection (5)(a), the study committee may not make an alteration to the report or proposed optional plan:

    (i)  that would recommend the adoption of an optional form different from that recommended in the original report; or

    (ii)  within the 160-day period before the election under Section 17-52a-501.

    (6)  Each meeting that the study committee holds shall be open to the public.

    (7)  If the study committee’s report does not recommend a change in the form of county government, the report is final, the study committee is dissolved, and the process to change the county’s form of government is concluded.

    (8)  The county legislative body shall provide for the study committee:

    (a)  suitable meeting facilities;

    (b)  necessary secretarial services;

    (c)  necessary printing and photocopying services;

    (d)  necessary clerical and staff assistance; and

    (e)  adequate funds for the employment of independent legal counsel and professional consultants that the study committee reasonably determines to be necessary to help the study committee fulfill its duties.

    (9)  The county legislative body may not interfere with the work of the study committee.

    Amended by Chapter 47, 2020 General Session

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