17-65 - County Executive
Title 17 > 17-65
Sections (15)
General Provisions
17-65-101 - Definitions.
(1) “Architect-engineer services” means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102.
(2) “Finance officer” means the same as that term is defined in Section 17-63-101.
(3) “Interim vacancy period” means:for a county commission form or expanded county commission form of government, the period of time that:begins on the day on which a general election described in Section 17-66-202 is held to elect a commission member; andends on the day on which the commission member-elect begins the commission member’s term; orfor a county executive-council form of government, the period of time that:begins on the day on which a general election described in Section 17-66-202 is held to elect a county executive; andends on the day on which the county executive-elect begins the county executive’s term.
Enacted by Chapter 13, 2025 Special Session 1
Qualifications
17-65-201 - Reserved.
Enacted by Chapter 13, 2025 Special Session 1
Powers and Duties
17-65-301 - General powers, duties, and functions.
(1) The elected county executive is the chief executive officer of the county.
(2) Each county executive shall exercise all executive powers, have all executive duties, and perform all executive functions of the county, including those enumerated in this chapter, except as expressly provided otherwise in statute and except as contrary to the powers, duties, and functions of other county officers expressly provided for in:Chapter 66, County Officers and Officials Generally;Chapter 67, County Assessor;Chapter 68, County and District Attorney;Chapter 69, County Auditor;Chapter 70, County Clerk;Chapter 71, County Recorder;Chapter 72, County Sheriff;Chapter 73, County Surveyor; andChapter 74, County Treasurer.
(3) A county executive may take any action required by law and necessary to the full discharge of the executive’s duties, even though the action is not expressly authorized in statute.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-302 - Specific duties.
Each county executive shall:
(1) exercise supervisory control over all functions of the executive branch of county government;
(2) direct and organize the management of the county in a manner consistent with state law, county ordinance, and the county’s optional plan of county government;
(3) carry out programs and policies established by the county legislative body; andensure that all departments of county government comply with programs and policies established by the county legislative body;
(4) faithfully ensure compliance with all applicable laws and county ordinances;
(5) exercise supervisory and coordinating control over all departments of county government;
(6) except as otherwise vested in the county legislative body by state law or by the optional plan of county government, and subject to Section 17-65-308, appoint, suspend, and remove the directors of all county departments and all appointive officers of boards and commissions;
(7) except as otherwise delegated by statute to another county officer, exercise administrative and auditing control over all county funds and assets, tangible and intangible;
(8) except as otherwise delegated by statute to another county officer, supervise and direct the county’s centralized budgeting, accounting, personnel management, purchasing, and other service functions;
(9) conduct planning studies and make recommendations to the county legislative body relating to county government financial, administrative, procedural, and operational plans, programs, and improvements;
(10) maintain a continuing review of expenditures and of the effectiveness of county departmental budgetary controls;
(11) develop systems and procedures, not inconsistent with statute, for planning, programming, budgeting, and accounting for all county activities;
(12) if the county executive is an elected county executive, exercise a power of veto over the county legislative body’s legislative enactments, which are defined as county ordinances and budget appropriations, and include an item veto upon budget appropriations, in the manner provided by the optional plan of county government;
(13) review, negotiate, approve, and execute contracts for the county, unless otherwise provided by statute;
(14) perform all other functions and duties required of the executive by state law, county ordinance, and the optional plan of county government; and
(15) sign on behalf of the county all deeds that convey county property.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-303 - Executive orders.
(1) The county executive may issue an executive order to:establish an executive policy;implement an executive practice; orexecute a legislative policy or ordinance, as provided by statute.
(2) The county executive may not issue an executive order that:is inconsistent with county ordinances that address the same subject as the executive order or with policies established by the county legislative body that address the same subject as the executive order; orexpands or narrows legislative action taken or legislative policy issued by the county legislative body.If a county legislative body adopts an ordinance or establishes a policy that conflicts with an existing executive order, the ordinance or policy adopted or established by the county legislative body supersedes the executive order.
(3) Each executive order exercising supervisory power over other elected county officers shall be consistent with the authority given the county executive under Section 17-65-504.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-304 - Examination and audit of accounts.
(1) The county executive may examine and audit the accounts of all officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for the county’s use and benefit.
(2) Subject to Subsection (2)(b), the county’s finance officer shall reply to each request for financial information by a county executive within five business days after the day on which the finance officer receives the request.If a request for financial information requires an extended time period to research and compile, the county’s finance officer shall provide written notice to the county executive that includes: an explanation for the delay; andthe date when the information will be provided to the county executive.
(3) Nothing in this section may be construed to affect a county auditor’s authority under Chapter 69, County Auditor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-305 - Actions — Control and direction.
(1) A county executive may control and direct the prosecution, defense, and settlement of all lawsuits and other actions:to which the county is a party;as to which the county may be required to pay the judgment or the costs of prosecution or defense; oras further provided by county ordinance.If necessary, the county executive may, upon the recommendation of the county or district attorney or if required by court order, employ counsel to: represent the county in the lawsuit or other action; orassist the county attorney or the district attorney in conducting those lawsuits or any other actions where the county attorney or district attorney, as the case may be, is authorized by law to act.
(2) If a lawsuit or other action is brought or prosecuted by another elected official or a board or other entity of the county under a statutory duty, that other elected official, board, or other entity may control and direct the lawsuit or other action, consistent with applicable law.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-306 - Warrants — Authority to draw on treasury.
(1) The county executive may settle and allow all accounts legally chargeable against the county, after examination by the county auditor, and order warrants to be drawn on the county treasurer for those accounts.
(2) Each warrant drawn by order of the county executive on the county treasurer for current expenses during each year shall specify: the liability for which it is drawn;when it accrued; andthe funds from which it is to be paid.
(3) Each warrant shall be paid in the order of presentation to the county treasurer.
(4) If the money in the county treasury is insufficient to pay a warrant, the county treasurer shall: register the warrant; andpay the warrant in the order of registration.
(5) Accounts for county charges of every description shall be presented to the county auditor and county executive to be audited as prescribed in statute.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-307 - Appointment of an individual with advice and consent of county legislative body.
(1) The appointment of an individual to fill a position on a board, committee, or similar body whose membership is appointed by the county shall be by the county executive, with the advice and consent of the county legislative body.
(2) A county commission in a county commission form of government, or a county commission in an expanded county commission form of government, may not appoint during an interim period vacancy a manager, a chief executive officer, a chief administrative officer, or a similar position to perform executive and administrative duties or functions.Notwithstanding Subsection (2)(a)(i):a county commission in a county commission form of government, or a county commission in an expanded county commission form of government, may appoint an interim manager, a chief executive officer, a chief administrative officer, or a similar position during an interim vacancy period; andthe interim appointee’s term shall expire once a new manager, a chief executive officer, a chief administrative officer, or a similar position is appointed by the new administration after the interim vacancy period has ended.Subsection (2)(a) does not apply if all the county commission 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 county commission for the following term.A county executive in a county executive-council form of government may not appoint during an interim vacancy period a manager, a chief executive officer, a chief administrative officer, or a similar position to perform executive and administrative duties or functions.Notwithstanding Subsection (2)(c)(i):a county executive in a county executive-council form of government may appoint an interim manager, a chief executive officer, a chief administrative officer, or a similar position during an interim vacancy period; andthe interim appointee’s term shall expire once a new manager, a chief executive officer, a chief administrative officer, or a similar position is appointed by the new county executive after the interim vacancy period has ended.Subsection (2)(c) does not apply if the county executive who held office on the day of the county general election is re-elected to the office of county executive for the following term.
(3) A county commission in a county commission form of government, a county commission in an expanded county commission form of government, or a county executive in a county executive-council form of government that appoints a manager, a chief executive officer, a chief administrative officer, or a similar position 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 manager, chief executive officer, chief administrative officer, or similar position.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-308 - County resource development committee — Membership — Term — Compensation and expenses — Duties.
(1) A county executive may, with the advice and consent of the county legislative body, appoint a county resource development committee of three or more members, at least one of which shall be a member of the county legislative body.Each member of a county resource development committee shall be a resident of the county.
(2) The term of each member of a county resource development committee shall be two years and until a successor has been appointed.The legislative body of each county with a county resource development committee shall provide by ordinance for the filling of a vacancy in the membership of the committee and for the removal of a member for nonperformance of duty or misconduct.
(3) Each member shall serve without compensation.The county legislative body may reimburse a member for actual expenses incurred in performing the member’s duties and responsibilities on the committee, upon presentation of proper receipts and vouchers.
(4) The committee may elect such officers from its members as it considers appropriate and may, with the consent and approval of the county legislative body, employ an executive director for the committee.
(5) The committee shall:assist in promoting the development of the county’s mineral, water, manpower, industrial, historical, cultural, and other resources; andmake such recommendations to the county for resource development as the committee considers advisable.
(6) The county executive may cooperate and enter into contracts with municipalities, local communities, other counties, and the state for the purpose of promoting the development of the economic, historical, and cultural resources of the county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
County Assets and Contracts
17-65-401 - County purchasing agent.
(1) In a county having a taxable value in excess of $500,000,000, the county executive may, with the advice and consent of the county legislative body, appoint a county purchasing agent.
(2) The purchasing agent shall qualify by taking, subscribing, and filing the constitutional oath.The county shall obtain crime insurance:in an amount set by the county legislative body, in relation to the duties of the purchasing agent; andbefore the purchasing agent begins fulfilling the duties of the purchasing agent.
(3) The county purchasing agent shall, under the direction and supervision of the county executive and except as provided in Subsection (3)(b):negotiate for the purchase of or contract for all supplies and materials required by the county;submit all contracts and purchases negotiated by the purchasing agent under Subsection (3)(a)(i) to the county executive for approval and ratification;keep an accurate and complete record of all purchases and a detailed disposition of the purchases; andwhen required by the county legislative body, make a complete and detailed report to the county legislative body of business transacted.Subject to Subsection (3)(c), the county executive may structure the county purchasing agent’s office so that:the county purchasing agent’s office is physically located within the county auditor’s office; andthe county purchasing agent receives direction and supervision from the county auditor.The county executive:may not structure the county purchasing agent’s office as described in Subsection (3)(b) unless:the county executive receives the advice and consent of the county legislative body; andthe county executive and county auditor agree, in writing, to the proposed structure, including the level of direction and supervision of the county purchasing agent retained by the county executive; andshall maintain the level of direction and supervision over the county purchasing agent as agreed upon with the county auditor.
(4) The county executive may exclude from the purchasing agent’s responsibility a county clerk’s duties concerning elections or a sheriff’s duties under Section 17-72-501.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-402 - Hiring of professional architect, engineer, or surveyor — Higher education entity restrictions.
(1) Notwithstanding the adoption of some or all of the provisions of Title 63G, Chapter 6a, Utah Procurement Code, under Section 17-63-506, each county executive that engages the services of a professional architect, engineer, or surveyor and considers more than one such professional for the engagement:shall consider, as a minimum, in the selection process:the qualifications, experience, and background of each firm submitting a proposal;the specific individuals assigned to the project and the time commitments of each to the project; andthe project schedule and the approach to the project that the firm will take; andmay engage the services of a professional architect, engineer, or surveyor based on the criteria under Subsection (1) rather than solely on lowest cost.
(2) When a county elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of the county’s competitive procurement process:a higher education entity, or any part of one, may not submit a proposal in response to the county’s competitive procurement process; andthe county may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-403 - Approval of cost-increase changes in plans and specifications — Delegation.
(1) If the county executive adopts plans and specifications for the alteration, construction, or repair of any public building or other public structure, the plans and specifications may not be altered or changed in any manner that would increase the cost of altering, constructing, or repairing the building or structure, unless the county executive approves the alteration or change in the plans and specifications.
(2) The county executive may adopt policies and procedures to delegate authority to approve alterations or changes in plans and specifications to a county employee, including the county engineer, architect, surveyor, or director of the department or division responsible for the work.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-404 - Changes or alterations in contract — Liability of county.
(1) If the county executive enters into a contract for the construction, alteration, or repair of any public building or other public structure, the contract may be altered or changed only if the alteration or change is within the general scope of the contract.
(2) If the county executive makes a change or alteration to the contract , as described in Subsection (1):the particular change or alteration shall be specified in writing; andthe increase or decrease in cost due to the change or alteration shall be established by the county executive according to either: the provisions of the contract; orestablished principles of the construction industry.
(3) The county executive may adopt policies and procedures to delegate authority for approval of changes or alterations in the contract to a county employee, including the county engineer, architect, surveyor, or director of the department or division responsible for the work.Unless the requirements of this section are met, the county is not liable for any extra work done on the buildings or public structures.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-65-405 - Contracting for management, maintenance, operation, or construction of county jails.
(1) With the approval of the sheriff, a county executive may contract with private contractors for management, maintenance, operation, and construction of county jails.A county executive may include a provision in the contract that allows use of a building authority created under the provisions of Title 17D, Chapter 2, Local Building Authority Act, to construct or acquire a jail facility.A county executive may include a provision in the contract that requires that any county jail facility meet any federal, state, or local standards for the construction of jails.
(2) If a county executive contracts only for the management, maintenance, or operation of a county jail, the county executive shall include provisions in the contract that:require the private contractor to post a performance bond in the amount set by the county legislative body;establish training standards that shall be met by county jail personnel;require the private contractor to provide and fund training for county jail personnel so that the county jail personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners;require the private contractor to indemnify the county for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the county;require the private contractor to show evidence of liability insurance protecting the county and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the county jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah;require the private contractor to:receive all prisoners committed to the county jail by competent authority; andprovide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; andprohibit the private contractor from using inmates for private business purposes of any kind.
(3) A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.
Renumbered and Amended by Chapter 13, 2025 Special Session 1