Utah Code 17-53-101. County officers enumerated

17-53-101. County officers enumerated.

(1)

The elected officers of a county are:

Terms Used In Utah Code 17-53-101

Ex officio: Literally, by virtue of one's office.
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

(a)

(i)	in a county operating under a county commission or expanded county commission form of government, county commission members; or

(ii)	in a county operating under one of the other forms of county government under Subsection 17-52a-405(1)(a), county legislative body members and the county executive;

(b)	a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a county attorney, a district attorney in a county which is part of a prosecution district, a county surveyor, and a county assessor; and

(c)	any others provided by law.

(2)	Notwithstanding Subsection (1), in counties having a taxable value of less than $100,000,000 the county clerk shall be ex officio auditor of the county and shall perform the duties of the office without extra compensation.

Amended by Chapter 68, 2018 General Session

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