County Governance Revisions

11
17-62-204
17-65-301
0
County Governance Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor:
LONG TITLE
General Description:
This bill modifies the power and duties of a county manager.
Highlighted Provisions:
This bill:
vests the executive powers of a county in the county council in a council-manager form of
government;
limits the powers, functions, and duties a county council may delegate to a county
manager;
limits the terms of an employment contract with a county manager;
prohibits an unelected county employee from exercising the powers, functions, and duties
of an elected county executive or county officer; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-62-204
, as last amended by Laws of Utah 2025, First Special Session, Chapter 7
17-65-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-62-204
is amended to read:
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
county
council; and
(iii)
other
county
officers and employees authorized by law.
(b)
The optional plan shall provide for the
county manager's:
(i)
qualifications
,
;
(ii)
subject to Subsection
(8)
,
time and manner of appointment
subject to
Subsections
(7)
and
(8)
,
;
(iii)
term of office
,
;
(iv)
compensation
,
;
and

(v)
removal
of the county manager
.
(3)
(a)
In a council-manager form of government, the county council:
(i)
is the legislative body; and
(ii)
is vested with the executive powers of the county.
(b)
The chair of the legislative body shall ratify an executive action taken by the county
council.
(3)
(4)
(a)
The
A
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.
(b)
A county legislative body may not:
(i)
delegate to a county manager the powers, functions, and duties of a county
executive;
(ii)
delegate to a county manager the powers, functions, and duties of an elected
county officer, including the county officers described in Section
17-66-102
; or
(iii)
require an elected county officer or head of a county department to report to the
county manager.
(5)
(a)
A county manager is an at-will employee of the county.
(b)
On or after May 6, 2026, a legislative body may not approve an employment contract
with a county manager that includes:
(i)
a term of employment that automatically renews, or that is longer than four years;
(ii)
severance or other benefits to be provided to the county manager if the legislative
body chooses to terminate the county manager's employment with the county; or
(iii)
pay increases that are automatic or are different than county practices or policies
governing pay increases for other at-will county employees.
(4)
(6)
(a)
An individual member of the
county
council may not directly or indirectly, by
suggestion or otherwise:
(i)
attempt to influence or coerce the
county
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
county
manager the matter of specific
appointments to any county office or employment
, including a salary adjustment
for an elected county officer
.
(b)
(i)
A member of the county council who violates the provisions of this Subsection
(4)
(6)
shall forfeit the member's county council office.
(ii)
Nothing in this section shall be construed, however, as prohibiting the
This
section does not prohibit the county
council from fully and freely discussing with
or suggesting to the
county
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)
(6)
.
(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)
(7)
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)
(8)
(a)
As used in this Subsection
(7)
(8)
, "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
county
council member; and
(ii)
ends on the day on which the council member-elect begins the
county
council
member's term.
(b)
(i)
The county council may
not appoint a
appoint an interim
county manager
during an interim vacancy period
for a term that expires when the county council
appoints a new county manager
.
(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
(ii)
If a county council appoints an interim county manager under Subsection
(8)(b)(i)
,
the county council shall appoint a new county manager after the interim vacancy
period ends
.
(c)
Subsection
(7)(b)
(8)(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
the interim vacancy period ends
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
county
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
county council
member's district; and
(iii)
except as provided in Subsections
(12)(a)(iii)
and
(12)(b)
, resides in the district
the
county
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
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)
.
Section 2. Section
17-65-301
is amended to read:
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:
(a)
Chapter 66, County Officers and Officials Generally
;
(b)
Chapter 67, County Assessor
;
(c)
Chapter 68, County and District Attorney
;
(d)
Chapter 69, County Auditor
;
(e)
Chapter 70, County Clerk
;
(f)
Chapter 71, County Recorder
;
(g)
Chapter 72, County Sheriff
;
(h)
Chapter 73, County Surveyor
; and
(i)
Chapter 74, County Treasurer
.
(3)
A county executive may take any action required by law and necessary to the full
discharge of the
county
executive's duties, even though the action is not expressly
authorized in statute.
(4)
An unelected county employee or officer may not perform the duties of an elected
county executive.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-6-26 10:57 AM