(A) Independent candidates for county offices. All candidates for elected county offices shall be nominated as independent candidates in substantially the manner provided by the UCA Part 5 of Chapter 9, Title 20A, as amended from time to time, with primary elections, if necessary, as provided in § 31.01(B)(4) of this code; and no political party designation shall be used on the ballot for any county office at any election. Pursuant to, and invoking the full extent of the authority granted by Utah Constitution Article XI, § 4, and the optional plan statute, it is hereby determined and declared that utilization of independent candidacies as the manner of electing county officers is necessary and desirable to achieve the best and most effective operation of this plan. Notwithstanding the foregoing, the provisions of this plan as to independent candidacies, like all other provisions of this plan, are subject to severability. Nothing in this section shall preclude write-in candidacies as provided by applicable law.
(B) Delegation; liberal construction. All officers and agents of the county, including, but not limited to, the County Clerk, the predecessor County Commissioners and the members of the Council established by this plan, are authorized and directed to take all action necessary or appropriate to fully implement the provisions of this plan. The provisions of this plan shall be liberally construed in accordance with its purposes of establishing a more representative, accountable, accessible, responsive and efficient county government.
(C) Amendments. Pursuant to the optional plan statute, amendments to this plan which are not contrary to the “general county (modified)” structural form of county government established hereunder may be adopted by the Council by a two-thirds’ vote of all its members; but amendments adopted by the Council which are contrary to a specific requirement of the optional plan statute applicable to the “general county (modified)” structural form of county government shall not be effective unless submitted to and approved by a majority of the voters casting a vote on the question at a general or special election. Amendments to this plan are county legislation, and therefor may also be initiated or referred by petition of registered voters of the county in the manner provided by UCA Title 20A, Chapter 7, as amended from time to time. This plan acknowledges the time restrictions on certain optional plan changes, but it is the intent of this plan, if the optional plan statute is amended so as to reduce or eliminate such time restrictions and permit earlier changes to optional plans, such amendment shall apply to any such changes to this plan.
(D) Inconsistent provisions repealed. Any provisions of any county charter, ordinance, resolution, regulation or other enactment inconsistent with this plan are repealed only to the extent of such inconsistency.
(Prior Code, § 1-5-3)
Editor’s note:
Per document dated 7-14-1997