Commission affirms county appointing authority, appoints Ogden Valley Park Service Area trustees

The Weber County Commission on Jan. 14 reviewed competing claims over who may appoint trustees to the Ogden Valley Park Service Area and voted to appoint four trustees after county legal staff reported they had found no statute authorizing the service area to self-appoint.

County civil attorney Mister Crockett told commissioners his office had reviewed the service area’s 2022 bylaw amendment and the relevant statutes and "have been unable to locate any legal authority that grants the service area that power to appoint its own members." Crockett added, "our opinion is is the county legislative body that makes that appointment." The item had been tabled at the prior meeting while staff completed that review.

Commissioner Jim Harvey urged action after reviewing legal research and public input; he proposed appointments to fill four vacancies and said reasserting the county’s appointing role was consistent with precedent. "I would agree with that… I think a couple years ago, we did the same research and found out that the county legislative body was actually the appointing authority under state code," Commissioner Harvey said.

Chair Bolos said she was comfortable moving forward with Crockett’s research and the proposed appointments. The commission then approved the appointment resolution by roll call.

Appointments and next steps

The commission appointed the following to the Ogden Valley Park Service Area: Mister Longchild (reappointment as treasurer by virtue of residence), Emily Phillips, Heather Lowe and Marshall McGonigal. Commissioners noted the park service area had passed its own bylaw amendment asserting appointment power; county staff said the amendment is under review and that attorney Lauren Thomas will follow up as needed. Crockett invited the public or the park district to submit any legal authority they believe supports the service area’s bylaw change for further review.

Why it matters

The dispute centers on which body exercises control over appointments for entities that levy taxes or receive public funds. Commissioners said tying appointing authority to an elected body reduces the risk to residents and volunteers of legal exposure and ensures accountability when service areas collect taxes.

Ending

The commission approved the appointments and directed county civil staff to continue reviewing any material the park district or public provides if they raise additional legal authority. The action ended the item that had been tabled at the prior meeting.