Provisions Applicable to Legislative Officers and County Executives

Utah Code tit. 17, ch. 17-66, pt. 17-66-P5

in effect

Utah Code § 17-66-501 Applicability.

17-66-501. Applicability. (1) This part applies to members of the county legislative body and the county executive. (2) The definition of appointed officer in Section 17-75-101 does not have the effect of making an appointed individual or employee a county officer. Enacted by Chapter 13, 2025 Special Session 1

Utah Code § 17-66-502 Commissioner traveling expenses.

17-66-502. Commissioner traveling expenses. (1) The members of the board of county commissioners may not receive any compensation in addition to that provided in Section 17-66-401 for any special or committee work, but, subject to Subsection (2), each commissioner shall receive travel expenses for attending the regular and special sessions of the board and in the discharge of necessary duties, in accordance with Section 11-55-103. (2) Before receiving travel expenses described in Subsection (1), the commissioner shall: (a) submit an itemized statement showing in detail the expenses incurred; and (b) subscribe and swear to the statement described in Subsection (2)(a). Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-66-503 Appointment of legal counsel by county executive and county legislative body.

17-66-503. Appointment of legal counsel by county executive and county legislative body. (1) (a) An elected county executive in a county that has adopted a county executive-council form of county government under Chapter 62, Forms of County Government, may appoint an attorney to advise and represent the county executive. (b) An attorney appointed under Subsection (1)(a): (i) serves at the pleasure of the county executive; and (ii) may not perform any of the functions of a county attorney or district attorney under Chapter 68, County and District Attorney, except as provided in this section. (c) An attorney appointed under this Subsection (1) may represent the county executive in cases and controversies before courts and administrative agencies and tribunals when a conflict exists that precludes the county or district attorney from representing the county executive. (2) (a) The legislative body of a county that has adopted a county executive-council form of county government under Chapter 62, Forms of County Government, may appoint an attorney to advise and represent the county legislative body. (b) An attorney appointed under Subsection (2)(a): (i) serves at the pleasure of the county legislative body; and (ii) may not perform any of the functions of a county attorney or district attorney under this title, except as provided in this section. (c) An attorney appointed under this Subsection (2) may represent the county legislative body in cases and controversies before courts and administrative agencies and tribunals when a conflict exists that precludes the county or district attorney from representing the county legislative body. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-66-504 Supervision of county elected officers -- Legislative body and executive may examine and audit accounts and conduct investigation.

17-66-504. Supervision of county elected officers -- Legislative body and executive may examine and audit accounts and conduct investigation. (1) As used in this section, "professional duties" means a county elected officer's functions, duties, and responsibilities specifically provided for by law and includes: (a) the exercise of professional judgment and discretion reasonably related to the officer's required functions, duties, and responsibilities; and (b) the management of deputies and other employees under the supervision of the elected officer under statute or county ordinance, policy, or regulation. (2) (a) A legislative body and a county executive each: (i) may generally direct and supervise all elected county officers and employees to ensure compliance with general county administrative ordinances, rules, or policies; (ii) may not direct or supervise other elected county officers or their sworn deputies with respect to the performance of the professional duties of the officers or deputies; (iii) may examine and audit the accounts of all county officers having the care, management, collection, or distribution of money belonging to the county, appropriated to the county, or otherwise available for the county's use and benefit; and (iv) may investigate any matter pertaining to a county officer or to the county or its business or affairs, and may require the attendance of witnesses and take evidence in any such investigation. (b) In an investigation under Subsection (2)(a)(iv): (i) the county executive or any member of the legislative body may issue subpoenas and administer oaths to witnesses; and (ii) if the county legislative body appoints members of the legislative body as a committee and confers on the committee power to hear or take evidence, the committee shall have the same power as the full legislative body. (3) Nothing in this section may be construed to prohibit the county executive or county legislative body from initiating an action for removal or prosecution of an elected county officer as provided by statute. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-66-505 Governing body as cooperating agency in federal land planning and regulation.

17-66-505. Governing body as cooperating agency in federal land planning and regulation. (1) As used in this section: (a) "Cooperating agency" means: (i) a cooperating agency as defined in 43 CFR 1601.0-5; or (ii) a cooperating agency as defined in 40 CFR 1508.5. (b) "General plan" means the general plan described in Chapter 79, Part 4, General Plan. (2) A governing body or a person designated by the governing body: (a) may represent the county as a cooperating agency; and (b) is considered to have special expertise: (i) in a matter related to the: (A) National Environmental Policy Act of 1969, 42 U.S.C. Sec. 4321 et seq.; (B) Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.; (C) Wilderness Act of 1964, 16 U.S.C. Sec. 1131 et seq.; (D) Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. Sec. 528 et seq.; (E) National Forest Management Act of 1976, 16 U.S.C. Sec. 1600 et seq.; or (F) an energy policy and conservation act amended by the Energy Policy Act of 2005, 42 U.S.C. Sec. 16511 et seq.; (ii) in a matter related to federal land development and planning, the implementation of a federal resource management plan, and other related federal land management actions; (iii) regarding whether a federal land development and plan, resource management plan, or other related federal land management action is consistent with an adopted county general plan; and (iv) on a subject matter for which it has statutory responsibility, including a subject matter related to the health, safety, welfare, custom, culture, or socioeconomic viability of a county. (3) A county through its governing body or a person designated by the governing body may participate in efforts to coordinate and make consistent the federal agency resource management plan or other related management action with the general plan as provided in: (a) the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.; (b) 16 U.S.C. Sec. 1604; or (c) any other federal law or rule that provides for coordination and consistency with local government plans and policies. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-66-506 Commanding services of sheriff.

17-66-506. Commanding services of sheriff. (1) A legislative body may direct the sheriff to serve notices, subpoenas, citations, or other process issued by the legislative body, and to attend in person or by deputy all meetings of the legislative body to preserve order. (2) The county executive may direct the county sheriff to: (a) serve notices, subpoenas, citations, or other similar documents issued by the county executive; and (b) attend in person or by deputy all meetings the county executive conducts to preserve order. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter66/17-66-P5.html?v=C17-66-P5_2025110620251206Fetched: 10/26/2026