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Utah House approves opt-in county process to assess elected officers' mental capacity after debate
Summary
Lawmakers passed an opt-in bill allowing counties with five or more legislative members to establish a process for assessing whether a county elected officer can perform essential duties; the process includes a preliminary legislative determination, voluntary or court-ordered mental-health evaluations, and unanimous open-meeting removal votes after a medical finding.
Representative Hall, the bill sponsor, told the House a negotiated, opt-in measure would give counties a way to address allegations that an elected official lacks the mental capacity to carry out essential functions while protecting due process. The sponsor said the measure was developed with the League of Cities and Towns and the Utah Association of Counties and is optional for counties to adopt by ordinance.
The bill requires the county legislative body to first make a preliminary determination about an officer's capacity in a closed meeting; if the body concludes a preliminary concern exists, the subject officer may either resign, voluntarily agree to a mental-capacity…
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