20A-1-902. Removal of officer from office -- Initial determination.
(1)
(a) A county legislative body may remove an officer from office in accordance with this part if:
(i) the county legislative body adopts the provisions of this part by ordinance, without additions, deletions, or modifications;
(ii) the officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations; and
(iii) the county legislative body consists of at least five members.
(b) This section does not apply to a county, unless the county:
(i) has adopted the ordinance described in Subsection (1)(a)(i); and
(ii) has at least five members on the county legislative body.
(2) Before removing the subject officer from office under Subsection (1), the county legislative body shall hold a closed meeting, as authorized under Subsection 52-4-205(1)(a), to discuss whether the subject officer has the mental capacity to fulfill the essential functions of the officer's office, with or without reasonable accommodations.
(3) At the meeting described in Subsection (2):
(a) the county legislative body shall give the subject officer the opportunity to discuss the subject officer's mental capacity to fulfill the essential functions of the applicable office and any reasonable accommodations that would enable the subject officer to continue to function in the applicable office; and
(b) the subject officer may bring one individual to the meeting to assist the subject officer in the discussion.
(4)
(a) After the discussion described in Subsection (3), the county legislative body may exclude the subject officer and the individual described in Subsection (3)(b) from the closed portion of the meeting to discuss whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations.
(b) If the subject officer is a member of the county legislative body:
(i) the county legislative body may exclude the subject officer and the individual described in Subsection (3)(b) from the portion of the closed meeting described in Subsection (4)(a); and
(ii) the subject officer is recused from voting on any decision, described in this part, of the county legislative body.
(c) Notwithstanding the provisions of Title 52, Chapter 4, Open and Public Meetings Act, the county legislative body shall meet in a closed meeting to vote on whether the subject officer has the ability to fulfill the essential functions of the applicable office, with or without reasonable accommodations.
(5) If the county legislative body reaches a unanimous preliminary conclusion that the subject officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations, the county legislative body shall:
(a) confidentially inform the subject officer of the vote; and
(b) allow the subject officer five calendar days, after the day on which the county legislative body makes the conclusion, to:
(i) resign from the applicable office;
(ii)
(A) voluntarily agree to undergo a mental capacity evaluation at the expense of the county; and
(B) sign a waiver to disclose only the results of the mental capacity evaluation to the county legislative body; or
(iii) refuse to take any action.
(6) If the county legislative body does not reach a unanimous preliminary conclusion that the subject officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations:
(a) the county legislative body shall:
(i) publicly announce that the vote failed, without disclosing the number of votes for or against and without disclosing the vote of individual members of the county legislative body; and
(ii) provide any necessary reasonable accommodations; and
(b) the subject officer may continue to function in the applicable office.
Enacted by Chapter 259, 2018 General Session
