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Council pauses proposed optional‑plan ("organic act") revisions after legal offices request more review
Summary
A staff proposal to harmonize the county’s optional plan and county code into three phases prompted concerns from the newly appointed county attorney and county clerk; the council agreed to continue the matter to allow a fuller review of changes and historical approvals.
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The Cache County Council deferred action on a multi‑phase effort to update the county’s optional plan (sometimes called the "organic act" in discussion) after requests from county legal offices for more time to review substantive changes.
Deputy County Attorney Eric Davis outlined a three‑phase proposal: phase 1 would update the optional plan to reflect changes already made in county code; phase 2 would remove duplicated language from county code so the optional plan serves as the single framework document; phase 3 would pursue additional substantive updates and alignment with state law. Davis said phases 1 and 2 primarily address harmonization and wording changes and noted that a two‑thirds council vote is required to amend the optional plan itself.
The county clerk and the newly appointed county attorney (who said they had just received the draft and needed time) expressed concern that some changes historically adopted in code may have been substantive and that a careful review of the record was needed to confirm which amendments were authorized and how they affect the balance of executive and legislative powers. The new county attorney requested historical documentation of prior changes and time to review whether items were merely housekeeping or substantive.
Council members and staff said much of the proposed text reflects prior council actions and that the draft had been circulated to the Optional Plan committee (OMP) for months. Nonetheless, the council agreed to continue the item to allow the county attorney and other elected officials time to review redlined drafts, to receive a record of prior ordinance actions, and to coordinate any further substantive changes in a later phase.

