Utah Code 17-52a-404. Contents of proposed optional plan

17-52a-404. Contents of proposed optional plan.

(1)

The study committee or the sponsors of a petition described in Subsection 17-52a-303(1)(a)(ii) shall ensure that an optional plan the committee or registered voters propose under this chapter, respectively:

Terms Used In Utah Code 17-52a-404

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

Statute: A law passed by a legislature.

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)

proposes the adoption of one of the forms of county government authorized in Subsection 17-52a-405(1)(a);

(b)

contains detailed provisions relating to the transition from the existing form of county government to the form proposed in the optional plan, including provisions relating to the:

(i)	election or appointment of officers specified in the optional plan for the new form of county government;

(ii)	retention, elimination, or combining of existing offices and, if an office is eliminated, the division or department of county government responsible for performing the duties of the eliminated office;

(iii)

continuity of existing ordinances and regulations;

(iv)	continuation of pending legislative, administrative, or judicial proceedings;

(v)	making of interim and temporary appointments; and

(vi)	preparation, approval, and adjustment of necessary budget appropriations;

(c)	specifies the date the optional plan becomes effective if adopted, which may not be earlier than the first day of January next following the election of officers under the new plan; and

(d)

notwithstanding any other provision of this title and except with respect to an optional plan that proposes the adoption of the county commission or expanded county commission form of government, with respect to the county budget provides that:

(i)	the county executive‘s role is to prepare and present a proposed budget to the county legislative body; and

(ii)	the county legislative body’s role is to adopt a final budget.

(2)	Subject to Subsection (3), an optional plan may include provisions that are considered necessary or advisable to the effective operation of the proposed optional plan.

(3)

An optional plan may not:

(a)	include any provision that is inconsistent with or prohibited by the Utah Constitution or any statute;

(b)	specify compensation, including benefits, for any appointed or elected county official;

(c)	specify the full or part-time status of any appointed or elected county official; or

(d)	if the optional plan specifies that county council or commission members are to be elected from districts, establish, divide, abolish, alter, change, or otherwise attempt to draw boundaries of election districts or impair the duties of the county legislative body as described in Section 17-52a-503.

(4)

The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county executive-council form under Section 17-52a-203 or the council-manager form under Section 17-52a-204:

(a)	provides for the same executive and legislative officers as are specified in the applicable section for the form of government that the optional plan proposes;

(b)	provides for the election of the county council;

(c)	specifies the number of county council members, which shall be an odd number from three to nine;

(d)	subject to Subsection (3)(d), specifies whether the members of the county council are to be elected from districts, at large, or by a combination of at large and by district;

(e)	specifies county council members’ qualifications and terms and whether the terms are to be staggered; and

(f)	contains procedures for filling vacancies on the county council, consistent with the provisions of Section 20A-1-508.

(5)

The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county commission form under Section 17-52a-201 or the expanded county commission form under Section 17-52a-202 specifies:

(a)

(i)	for the county commission form of government, that the county commission shall have three members; or

(ii)	for the expanded county commission form of government, whether the county commission shall have five or seven members;

(b)	the terms of office for county commission members and whether the terms are to be staggered;

(c)	subject to Subsection (3)(d), whether members of the county commission are to be elected from districts, at large, or by a combination of at large and from districts;

(d)	if any members of the county commission are to be elected from districts, the district residency requirements for those commission members; and

(e)	if any members of the county commission are to be elected at large, whether the election of county commission members is subject to the provisions of Subsection 17-52a-201(6) or Subsection 17-52a-202(6).

Amended by Chapter 47, 2020 General Session

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