17-62-204. Council-manager form of county government -- Establishment of voting districts.
(1) As used in this section, "district" means a geographic area within the boundaries of a county with a council-manager form of government that is represented only by one council member who:
(a) resides in the district;
(b) represents only the district where the member resides; and
(c) is elected only by voters who reside in the same district as the district where the member resides, and that the member represents.
(2)
(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 (7) and (8), term of office, compensation, and removal of the county manager.
(3) 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.
(4)
(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 member of the county council who violates the provisions of this Subsection (4) shall forfeit the member's county council office.
(ii) Nothing in this section shall be construed, however, as prohibiting the council from fully and freely discussing with or suggesting to the manager anything pertaining to county affairs or the interests of the county.
(iii) 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 (4).
(5) 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.
(6) 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.
(7)
(a) As used in this Subsection (7), "interim vacancy period" means the period of time that:
(i) begins on the day on which a general election described in Section 17-66-202 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 (7)(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 (7)(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.
(8) A county council that appoints a county manager in accordance with this section may not enter into an employment contract that contains an automatic renewal provision with the county manager.
(9)
(a) Except as provided in Subsections (9)(b) and (10), beginning on May 7, 2025, a county with a council-manager form of government shall ensure that each council member:
(i) represents a single district, rather than being elected at-large;
(ii) is elected by a majority vote of voters residing within the member's district; and
(iii) except as provided in Subsections (12)(a)(iii) and (12)(b), resides in the district the council member represents.
(b) A county with a council-manager form of government where at least 65% of county council members meet the qualifications of Subsection (9)(a) on and after May 7, 2025, may continue to have one or more county council members elected at-large.
(c) A county that adopts a council-manager form of government after May 7, 2025, shall ensure that all county council members meet the qualifications described in Subsection (9)(a).
(10) For a county with a council-manager form of government that does not comply with Subsection (9)(a) on May 7, 2025, and to which the exception in Subsection (9)(b) does not apply, the county council shall:
(a) on or before June 1, 2025, establish a districting commission in accordance with Subsection (11);
(b) by October 15, 2025, hold a public meeting at which:
(i) the county council shall adopt the proposed district map submitted as described in Subsection (11)(d); and
(ii) the county clerk shall designate a current council member to represent each district for the remainder of the county council member's term of office in accordance with Subsection (12); and
(c) implement the district map adopted under Subsection (10)(b)(i) for the next county council election.
(11) A county districting commission established under Subsection (10) shall:
(a) consist of:
(i) one representative from each municipality located wholly within the county, who is either the municipality's mayor or a municipal resident whom the mayor appoints;
(ii) one representative who resides in an unincorporated area of the county, appointed by the county council; and
(iii) the county clerk, or the county clerk's designee, as a non-voting member;
(b) select by majority vote the chair of the districting commission from among the membership of the districting commission;
(c) divide the county into districts by:
(i) using the total population enumeration of the most recent decennial census to ensure that there is less than 10% total population deviation between each district;
(ii) ensuring that each district is contiguous and reasonably compact;
(iii) drawing district boundary lines that, to the extent practicable, do not divide existing voting precincts; and
(iv) complying with the United States Constitution; and
(d) by no later than October 1, 2025, submit a proposed district map to the county council that:
(i) is recommended by a majority of districting commission members; and
(ii) complies with the requirements of Subsection (11)(c).
(12)
(a) For a county council that adopts a district map described in Subsection (10)(b), the county clerk shall designate one current county council member to serve each district for the remainder of the county council member's term as follows:
(i) if only one county council member lives in a district in an adopted district map, the county clerk shall assign that county council member to represent that district;
(ii) if more than one county council member lives in a district in an adopted district map, the county clerk shall draw lots and assign one county council member to represent the district; and
(iii) if no county council members live in a district in an adopted district map, the county clerk shall draw lots and assign from the county council members not already assigned under Subsections (12)(a)(i) and (ii) one county council member to represent each district.
(b) For a county council member assigned under Subsection (12)(a)(iii) to represent a district in which the county council member does not live, the county council member is eligible to hold the county council member's seat in the assigned district until the end of the term that the county council member was in on October 15, 2025, unless earlier disqualified by another provision of law.
(13)
(a) After a county implements a district map for the election of county council members, a county may not redistrict until:
(i) an official decennial census publicly releases population data for the county, unless otherwise required by law; or
(ii) population growth in the county results in greater than 10% population deviation between districts.
(b) Each time a county conducts redistricting for the county council districts, the county council shall redistrict by:
(i) adjusting districts in a proposed district map by:
(A) using the total population enumeration of the most recent decennial census to ensure that there is less than 10% total population deviation between each district;
(B) ensuring that each district is contiguous and reasonably compact;
(C) drawing district boundary lines that, to the extent practicable, do not divide existing voting precincts; and
(D) complying with the United States Constitution; and
(ii) after drawing a proposed district map, holding a public meeting, at which the county council shall:
(A) adopt the map as proposed; or
(B) revise the map and, if the revised map fulfills the requirements of Subsection (13)(b)(i), adopt the revised map.
(14)
(a) A voter in a county that fails to comply with the requirements of Subsections (9) through (13) may commence suit in a court of competent jurisdiction to compel compliance with, or enjoin a violation of, Subsections (9) through (13).
(b) The court may award reasonable attorney fees and court costs to a successful plaintiff.
(15) Beginning January 1, 2026, for a county that fails to comply with the requirements of Subsections (9) through (13), in addition to the remedies described in Subsection (14), the state tax commission may suspend disbursements of transient room tax revenue to the county until the county establishes that the county is in compliance with Subsections (9) through (13).
Amended by Chapter 7, 2025 Special Session 1
