Consolidation of county offices -- County clerk to perform duties of county auditor under certain circumstances

(1) A legislative body may, unless prohibited by Subsection (2), pass an ordinance that: (a) consolidates county offices and establishes the duties of consolidated county offices; (b) separates any previously consolidated offices and reconsolidates county offices; or (c) separates any previously consolidated county offices without reconsolidating them. (2) A legislative body may not: (a) consolidate the offices of county commissioner, county council member, or county treasurer with the office of county auditor; (b) consolidate the office of county executive with the office of county auditor, unless a referendum approving that consolidation passes; or (c) consolidate the offices of county commissioner, county council member, county executive, county assessor, or county auditor with the office of county treasurer. (3) Except as provided in Subsection (5), each legislative body shall ensure that any ordinance consolidating or separating county offices: (a) is enacted before November 1 of the year before the year in which county officers are elected; and (b) takes effect on the first Monday in January after the year in which county officers are elected. (4) (a) Each legislative body shall: (i) enact an ordinance by February 1, 2010, separating any county offices that are prohibited from consolidation by this section; and (ii) publish, by February 15, 2010, a notice once in a newspaper of general circulation in the county identifying the county offices that will be filled in the November 2010 election. (b) If a legislative body has, by February 1, 2006, enacted an ordinance, in compliance with this Subsection (4) then in effect, separating county offices that are prohibited from consolidation by this section, the legislative body may repeal that ordinance. (5) A county described in Section 17-70-103 may enact an ordinance consolidating the offices of county clerk and county auditor at any time. (6) For a county of the first or second class, as classified under Section 17-60-104, an individual holding a consolidated county office shall meet all of the applicable statutorily defined qualifications of each county office within the consolidated office, including possession of any state-regulated license or certification.