17-66 - County Officers and Officials Generally
Title 17 > 17-66
Sections (26)
General Provisions
17-66-101 - Definitions.
(1) “Compensation” means:salary, including salary paid under a contract;a budgeted bonus or budgeted incentive pay;a vehicle allowance; anddeferred salary.
(2) “Compensation increase” means an increase in any item of compensation listed in Subsection (1).
(3) “County office” means an office enumerated in Section 17-66-102 that is required to be filled by an election.
(4) “County officer” means an elected official enumerated in Section 17-66-102.
(5) “Governing body” means, respectively:a county commission;a county council and county executive; ora county council and county manager.
(6) “Legislative body” means the same as that term is defined in Section 17-64-101.
Enacted by Chapter 13, 2025 Special Session 1
17-66-102 - County officers enumerated.
(1) in a county operating under a county commission, as described in Section 17-62-201, or expanded county commission form of government, as described in Section 17-62-202, each county commission member; orin a county operating under a county executive-council form of government, as described in Section 17-62-203, or a council-manager form of government, as described in Section 17-62-204, the county legislative body members and the county executive;
(2) the county assessor, with powers and duties described in Chapter 67, County Assessor;
(3) the county attorney and a district attorney in a county which is part of a prosecution district, with powers and duties described in Chapter 68, County and District Attorney;
(4) the county auditor, with powers and duties described in Chapter 69, County Auditor;
(5) the county clerk, with powers and duties described in Chapter 70, County Clerk;
(6) the county recorder, with powers and duties described in Chapter 71, County Recorder;
(7) the county sheriff, with powers and duties described in Chapter 72, County Sheriff;
(8) the county surveyor, with powers and duties described in Chapter 73, County Surveyor; and
(9) the county treasurer, with powers and duties described in Chapter 74, County Treasurer.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-103 - Officers at county seats — Office hours.
(1) The elected county officers of a county, except a county with a population of less than 8,000, shall have offices at the county seat.A county legislative body may authorize county officers to maintain additional office space at a location within the county that is not at the county seat.The county shall furnish an office, furniture, and necessary supplies for a county officer.
(2) In all counties, the clerk, sheriff, recorder, auditor, treasurer, assessor, and county attorney shall keep office space open for the transaction of business as authorized by resolution of the county legislative body.If the legislative body does not authorize hours of operation for Saturdays, then the hours served by county employees shall be set by:the county legislative body; orpersonnel policies governing county employees made in accordance with the provisions of this title.Any act authorized, required, or permitted to be performed at or by, or with respect to, any county office on a Saturday when the county office is closed, may be performed on the next business day.No liability or loss of rights of any kind may result from the delay described in Subsection (2)(c)(i).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-104 - Consolidation of county offices — County clerk to perform duties of county auditor under certain circumstances.
(1) A legislative body may, unless prohibited by Subsection (2), pass an ordinance that:consolidates county offices and establishes the duties of consolidated county offices;separates any previously consolidated offices and reconsolidates county offices; orseparates any previously consolidated county offices without reconsolidating them.
(2) A legislative body may not:consolidate the offices of county commissioner, county council member, or county treasurer with the office of county auditor;consolidate the office of county executive with the office of county auditor, unless a referendum approving that consolidation passes; orconsolidate the offices of county commissioner, county council member, county executive, county assessor, or county auditor with the office of county treasurer.
(3) Each legislative body shall ensure that any ordinance consolidating or separating county offices:is enacted before November 1 of the year before the year in which county officers are elected; andtakes effect on the first Monday in January after the year in which county officers are elected.
(4) Each legislative body shall:enact an ordinance by February 1, 2010, separating any county offices that are prohibited from consolidation by this section; andpublish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election.If a legislative body has, by February 1, 2006, enacted an ordinance, in compliance with this Subsection (4) then in effect, separating county offices that are prohibited from consolidation by this section, the legislative body may repeal that ordinance.
(5) Notwithstanding the provisions of this section and Section 17-66-102, in counties having a taxable value of less than $100,000,000, the county clerk shall be ex officio county auditor and shall perform the duties of the office without extra compensation.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-105 - Crime insurance for county officers.
(1) As used in this section, “county officials” means:a county officer enumerated in Section 17-66-102;a deputy or assistant of a county officer enumerated in Section 17-66-102, if the county legislative body requires the deputy or assistant to obtain crime insurance;each justice court judge within the county; andeach constable appointed or contracted within the county, as described in Chapter 78, Part 6, Constables.
(2) Except as provided in Subsection (2)(b):the legislative body shall set the amount of crime insurance to be acquired for county officials; anda county official may not discharge the duties of the county official’s office before obtaining the crime insurance described in Subsection (2)(a)(i).The State Money Management Council created in Section 51-7-16 shall set the amount of crime insurance required for the county treasurer.The county treasurer may not discharge the duties of the county treasurer’s office before obtaining the crime insurance described in Subsection (2)(b).
(3) A legislative body may acquire crime insurance on all county officials as a group rather than individually.
(4) The cost of a crime insurance policy shall be paid from county funds.
(5) The county clerk shall maintain proof of the crime insurance described in this section.
(6) The district attorney of each multicounty prosecution district shall:obtain crime insurance in the amount specified in the interlocal agreement that created the prosecution district; andfile proof of the crime insurance policy with the county clerk as specified in the interlocal agreement.The cost of a crime insurance policy described in Subsection (6)(a) shall be paid as specified in the interlocal agreement that created the prosecution district.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-106 - County officer deputies — Powers, duties, and liabilities of county officer deputies.
(1) A county officer may appoint one or more deputies in accordance with the requirements of Section 17-75-201.
(2) Whenever the title of a county officer is used in any law conferring powers or imposing duties or liabilities, the title of the county officer includes the county officer’s deputies.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Qualifications and Term
17-66-201 - Eligibility and residency requirements for county office — Election of county officer to consolidated office.
(1) An individual filing a declaration of candidacy for a county officer enumerated in Section 17-66-102 or any other county elected official established by law shall:be a United States citizen;except as provided in Section 20A-1-509.2 with respect to the office of county attorney or district attorney, as of the date of the election, have been a resident for at least one year of the county, district, precinct, or prosecution district in which the individual seeks office;be a registered voter in the county, district, precinct, or prosecution district in which the individual seeks office; andif the individual is filing a declaration of candidacy for the office of county auditor in a county of the first class, meet the qualifications described in Section 17-69-202.
(2) A county, district, precinct, or prosecution district officer shall maintain residency within the county, district, precinct, or prosecution district in which the officer was elected during the officer’s term of office.If a county, district, precinct, or prosecution district officer establishes the officer’s principal place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or prosecution district in which the officer was elected, the office is automatically vacant.
(3) When county offices are consolidated, as described in Section 17-66-104:only one individual shall be elected to fill the consolidated offices; andthe individual elected shall:take the oath required for each of the offices;obtain the crime insurance required for each of the offices, as established under Section 17-66-105; anddischarge all the duties of each of the offices.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-202 - County officers — Time of holding elections — County commissioners — Terms of office.
(1) Except as otherwise provided in an optional plan adopted under Chapter 62, Forms of County Government:each elected county officer shall be elected at the regular general election every four years in accordance with Section 20A-1-201, except as otherwise provided in this title;county commissioners shall be elected at the times, in the manner, and for the terms provided in Section 17-62-201; andan elected officer shall hold office for the term for which the officer is elected, beginning at noon on the first Monday in January following the officer’s election and until a successor is elected or appointed and qualified, except as provided in Section 17-66-201.
(2) The terms of county officers shall be staggered in accordance with this Subsection (2).Except as provided in Subsection (2)(c), in the 2014 general election:the following county officers shall be elected to one six-year term and thereafter elected to a four-year term:county treasurer;county recorder;county surveyor; andcounty assessor; andall other county officers shall be elected to a four-year term.If a county legislative body consolidates two or more county offices in accordance with Section 17-66-104, and the consolidated offices are on conflicting election schedules, the county legislative body shall pass an ordinance setting the election schedule for the consolidated offices in a reasonable manner that staggers the terms of county officers as provided in this Subsection (2).
(3) An individual who holds a municipal elected office may not, at the same time, hold a county elected office.
(4) The restriction described in Subsection (3) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-203 - Business to be finished before expiration of term — Vacancy in a county office.
(1) It shall be the duty of all county officers to complete the business of the county officer’s respective office to the time of the expiration of the county officer’s respective term.
(2) If a county officer, at the close of the county officer’s term, leaves to the county officer’s successor official labor to be performed for which the preceding county officer has received compensation or which it was the preceding county officer’s duty to perform, the preceding county officer shall be liable to pay the county the full value of the service.
(3) Except as provided in Section 17-68-203, a vacancy in a county office shall be filled as provided in Section 20A-1-508.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-204 - Failure to perform duties constitutes malfeasance in office — Felony charges arising from official duties — Paid administrative leave — Reassignment of duties.
(1) The failure of a county officer or prosecution district officer, as described in Chapter 68, County and District Attorney, to substantially perform the officer’s official duties constitutes malfeasance in office under Section 77-6-1.
(2) If a county officer or prosecution district officer is charged with the commission of a felony arising from conduct related to the county officer’s or district officer’s official duties, the officer shall be placed on paid administrative leave by the county legislative body until:the charges are dismissed or the officer is acquitted, at which time the officer shall be entitled to return to office, unless the officer’s term of office has in the meantime expired; orthe officer is convicted of a felony or attempt to commit a felony arising from conduct related to the officer’s official duties, in which case the sentencing judge shall order the officer removed from office.A conviction or a plea of guilty or nolo contendere, relating to a felony charge described in Subsection (2)(a), constitutes malfeasance in office for purposes of Section 77-6-1.Entry of a plea in abeyance is the equivalent of a conviction for purposes of Subsection (2)(a)(ii), even if the charge is later dismissed pursuant to a plea in abeyance agreement.The provisions under this Subsection (2) for the removal of a county or prosecution district officer are in addition to and do not replace or supersede the removal provisions under Title 77, Chapter 6, Removal by Judicial Proceedings.
(3) During the time that a county officer or prosecution district officer is on paid administrative leave under Subsection (2), the officer’s duties may, except as provided in Subsection (3)(c), be temporarily:reassigned to another officer by the county legislative body; orperformed by an individual employed for the purpose of fulfilling the officer’s duties while the officer is on paid administrative leave.For purposes of Subsection (3)(a) with respect to a prosecution district officer in a multi-county prosecution district, “county legislative body” means the legislative bodies of all counties included in the prosecution district.A reassignment under Subsection (3)(a) may not result in the same individual exercising the duties of:both a county legislative body member or county treasurer and county auditor; orboth a county executive and county auditor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-205 - Candidates to comply with conflict of interest disclosures.
Enacted by Chapter 13, 2025 Special Session 1
17-66-206 - Qualifications not exhaustive.
Enacted by Chapter 13, 2025 Special Session 1
Fiscal Duties
17-66-301 - Unauthorized payment or warrant — Investigation by another county attorney — Action to enjoin or recover payment.
(1) If a county officer, without authority of law, orders any money paid for any purpose, or if any other county officer draws a warrant in the county officer’s own favor or in favor of any other person without being authorized by the county legislative body or by law, the county attorney of that county shall request a county attorney from another county to investigate whether an unauthorized payment has been ordered or an unauthorized warrant drawn.If the county attorney requests a county attorney from another county to investigate under Subsection (1)(a), the county attorney shall deputize the investigating county attorney.
(2) If an investigating county attorney determines that an unauthorized payment has been ordered or that an unauthorized warrant has been drawn, that county attorney may commence and prosecute an action in the name of the county:if the payment has not been made or the warrant paid, to enjoin the payment of the unauthorized payment or of the unauthorized warrant; orif the payment has been made or the warrant paid:to the extent possible, to recover the amount from the payee or the county officer; orto the extent applicable, to recover the amount in accordance with the applicable crime insurance policy.
(3) An order of the county legislative body is not necessary in order to maintain an action under Subsection (2).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-302 - Deposit of money in treasury.
Each county officer who collects any money on behalf of the county shall as rapidly as the money is collected deposit the money into the county treasury.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-303 - Fees of county officers.
(1) As used in this section, “county officer” means a county officer enumerated in Section 17-66-102 except a county recorder, a county constable, or a county sheriff.
(2) A county officer shall collect, in advance, for exclusive county use and benefit:a fee established by the county legislative body under Section 17-63-707; andany other fee authorized or required by law.As long as the Children’s Legal Defense Account is authorized by Section 51-9-408, the county clerk shall:assess 10 from each marriage license fee to the Division of Finance for deposit into the Children’s Legal Defense Account.As long as the Division of Child and Family Services, created in Section 80-2-201, has the responsibility under Section 80-2-301 to provide services, including temporary shelter, for victims of domestic violence, the county clerk shall:collect 10; andto the extent actually paid, transmit 10 referred to in Subsection (2)(c)(i).An applicant for a marriage license may choose not to pay the additional 20 in addition to the other fees for a marriage license established under this section;except as provided in Subsection (2)(d)(iii), shall transmit 400,000 shall accrue to the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as dedicated credits for the operation of the Utah Marriage Commission; andproceeds in excess of 20 from the marriage license fee to the state treasurer under this Subsection (2)(d) if both individuals seeking the marriage license certify that they have completed premarital counseling or education in accordance with Section 81-2-206.
(3) This section does not apply to a fee currently being assessed by the state but collected by a county officer.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-304 - Rewards for information that assists with law enforcement.
(1) A county legislative body may appropriate funds from the county treasury for the offering and payment of rewards for information which directly assists in the enforcement of law and protection of county property.The offering and payment of rewards shall be made under conditions and limitations as established by the county legislative body.
(2) With the prior approval of the county legislative body, any county officer or county agency may offer rewards to the same extent and for the same purposes authorized by Subsection (1).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Salaries of County Officers
17-66-401 - Salaries of county officers to be fixed by county legislative body.
(1) The annual salaries of county officers shall be set by the respective county legislative bodies, subject to the requirements of this part.
(2) As used in this Subsection (2), “executive county officer” means:the county manager or chief administrative officer;the assistant county manager or assistant county chief administrative officer;an individual who is the head or chief of a county department or division;an individual who is the chief assistant or deputy of an individual described in Subsection (2)(a)(iii); orin a county of the first class with a county executive-council form of government under Section 17-62-203, an individual appointed by the county executive to a position requiring the advice and consent of the county legislative body, as provided by county ordinance.Before a county legislative body may adopt a final budget or a final amended budget that includes a compensation increase for an executive county officer, the county legislative body shall:hold a public hearing on the compensation increase; andpublish notice of the time, place, and purpose of the public hearing:for at least seven days before the date of the public hearing; andas a class A notice under Section 63G-30-102.A public hearing under Subsection (2)(b)(i):shall be held separate from any other public hearing; andmay be held the same day as another public hearing, including immediately before or after the other public hearing.
(3) The salaries of county officers shall be paid monthly, semi-monthly, or bi-weekly, as determined by the county legislative body, out of the county general fund or, if applicable, the county salary fund.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-402 - Salaries to be full compensation — Compensation for deputies.
(1) The salary of a county officer set by a county legislative body as described in this part shall be full compensation for all services of every kind and description rendered by the county officer.
(2) If a county officer has a deputy or other assistant, the salary of the deputy or assistant shall be: fixed by the county legislative body; anda county charge.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-403 - Salaries in case of consolidated offices.
17-66-104 , the salary of the individual discharging the duties of the consolidated offices shall be fixed at a sum not exceeding the highest salary paid to either of the county officers whose offices are so consolidated, plus:
(1) an amount not exceeding one-half of the salary fixed for the second county officer, when only two offices are consolidated; or
(2) when more than two county offices are consolidated, one-third of the combined salaries of the other county officers.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-404 - Change of county class effect on salaries — Salaries for new counties.
(1) If the taxable value of any existing county has been reduced below or raised above the class and rank first assumed, the county legislative body of the county shall designate the class to which the county has been reduced or raised, and the county is in that class, and the salaries of county officers shall be adjusted on or before January 1 next succeeding by the county legislative body, but in no event may the salaries be reduced for the term for which the county officers were elected and are qualified.
(2) The county legislative body in a newly created county shall, at the county legislative body’s first meeting after the organization of the county, for the purpose of fixing salaries and compensation of county officers, fix the salaries for the first term of the officers according to the class of county to which the new county belongs.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Provisions Applicable to Legislative Officers and County Executives
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
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:submit an itemized statement showing in detail the expenses incurred; andsubscribe and swear to the statement described in Subsection (2)(a).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-66-503 - Appointment of legal counsel by county executive and county legislative body.
(1) 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.An attorney appointed under Subsection (1)(a):serves at the pleasure of the county executive; andmay 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.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) 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.An attorney appointed under Subsection (2)(a):serves at the pleasure of the county legislative body; andmay not perform any of the functions of a county attorney or district attorney under this title, except as provided in this section.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
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:the exercise of professional judgment and discretion reasonably related to the officer’s required functions, duties, and responsibilities; andthe management of deputies and other employees under the supervision of the elected officer under statute or county ordinance, policy, or regulation.
(2) A legislative body and a county executive each:may generally direct and supervise all elected county officers and employees to ensure compliance with general county administrative ordinances, rules, or policies;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;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; andmay 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.In an investigation under Subsection (2)(a)(iv):the county executive or any member of the legislative body may issue subpoenas and administer oaths to witnesses; andif 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
17-66-505 - Governing body as cooperating agency in federal land planning and regulation.
(1) As used in this section:“Cooperating agency” means:a cooperating agency as defined in 43 CFR 1601.0-5; ora cooperating agency as defined in 40 CFR 1508.5.”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:may represent the county as a cooperating agency; andis considered to have special expertise:in a matter related to the:National Environmental Policy Act of 1969, 42 U.S.C. Sec. 4321 et seq.;Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;Wilderness Act of 1964, 16 U.S.C. Sec. 1131 et seq.;Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. Sec. 528 et seq.;National Forest Management Act of 1976, 16 U.S.C. Sec. 1600 et seq.; oran energy policy and conservation act amended by the Energy Policy Act of 2005, 42 U.S.C. Sec. 16511 et seq.;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;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; andon 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:the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;16 U.S.C. Sec. 1604; orany 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
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: serve notices, subpoenas, citations, or other similar documents issued by the county executive; andattend in person or by deputy all meetings the county executive conducts to preserve order.
Renumbered and Amended by Chapter 13, 2025 Special Session 1