Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 122 (2020GS)

Sponsor

Rep. Sagers, D.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies that an individual member of a county council may not participate in certain activities;
• repeals language prohibiting county employees from contributing to a candidate for county office; and
• clarifies existing provisions.

Every vote on this bill

Bill text

COUNCIL-MANAGER FORM OF GOVERNMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas V. Sagers
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill amends provisions prohibiting county council members and county employees
from participating in certain activities.
Highlighted Provisions:
This bill:
▸ clarifies that an individual member of a county council may not participate in
certain activities;
▸ repeals language prohibiting county employees from contributing to a candidate for
county office; and
▸ clarifies existing provisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-52a-204
, as renumbered and amended by Laws of Utah 2018, Chapter 68
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-52a-204
 is amended to read:
17-52a-204.
Council-manager form of county government.
(1) (a) The following shall govern a county operating under the form of government
known as the "council-manager" form:
(i) an elected county council;
(ii) a county manager appointed by the council; and
(iii) other officers and employees authorized by law.
(b) The optional plan shall provide for the qualifications, time and manner of
appointment subject to Subsections (6) and (7), term of office, compensation, and removal of
the county manager.
(2) The county manager is the administrative head of the county government and has
the powers, functions, and duties of a county executive, except:
(a) as the county legislative body otherwise provides by ordinance; and
(b) that the county manager may not veto any ordinances enacted by the council.
(3) (a) [
A
] 
An individual
 member of the council may not directly or indirectly, by
suggestion or otherwise:
(i) attempt to influence or coerce the manager in:
(A) making any appointment;
(B) removing any officer or employee; or
(C) purchasing supplies;
(ii) attempt to exact any promise relative to any appointment from any candidate for
manager; or
(iii) discuss directly or indirectly with the manager the matter of specific appointments
to any county office or employment.
(b) (i) A [
person
] 
member of the county council
 who violates the provisions of this
Subsection (3) shall forfeit the 
member's county council
 office [
of the offending member of the
council
].
(ii) Nothing in this section shall be construed, however, as prohibiting the council
[
while in open session
] from fully and freely discussing with or suggesting to the manager
anything pertaining to county affairs or the interests of the county.
(iii) [
Neither manager nor any person in the employ of the county shall
] 
The county
manager may not
 take part in securing, or contributing any money toward, the nomination or
election of any candidate for a county office.
(iv) The optional plan may provide procedures for implementing this Subsection (3).
(4) In the council-manager form of county government:
(a) the legislative powers of the county are vested in the county council; and
(b) the executive powers of the county are vested in the county manager.
(5) A reference in statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the council-manager form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county manager, with respect to executive functions, duties, and powers.
(6) (a) As used in this Subsection (6), "interim vacancy period" means the period of
time that:
(i) begins on the day on which a general election described in Section 
17-16-6
 is held
to elect a council member; and
(ii) ends on the day on which the council member-elect begins the council member's
term.
(b) (i) The county council may not appoint a county manager during an interim vacancy
period.
(ii) Notwithstanding Subsection (6)(b)(i):
(A) the county council may appoint an interim county manager during an interim
vacancy period; and
(B) the interim county manager's term shall expire once a new county manager is
appointed by the new administration after the interim vacancy period has ended.
(c) Subsection (6)(b) does not apply if all the county council members who held office
on the day of the county general election whose term of office was vacant for the election are
re-elected to the council for the following term.
(7) A county council that appoints a county manager in accordance with this section
may not, on or after May 10, 2011, enter into an employment contract that contains an
automatic renewal provision with the county manager.