§ 20A-1-904 — Court order for involuntary evaluation.

(1) This section does not apply to a county, unless the county:

(1)(a) has adopted the ordinance described in Subsection 20A-1-902(1)(a)(i); and
(1)(b) has at least five members on the county legislative body.
(2) The county legislative body may file an action against the subject officer in district court for an order to undergo a mental capacity evaluation if:

(2)(a) the county legislative body:
(2)(a)(i) unanimously concludes that the subject officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations, in accordance with the requirements of Section 20A-1-902; and
(2)(a)(ii) complies with the requirements of Subsections 20A-1-902(2) through (5); and
(2)(b) (2)(b)(i) the subject officer does not, within the five-day period described in Subsection 20A-1-902(5)(b):

(2)(b)(i)(A) resign from the applicable office; or
(2)(b)(i)(B) agree to undergo a voluntary mental capacity evaluation and sign a waiver to disclose only the results of the mental capacity evaluation to the county legislative body;
(2)(b)(ii) the subject officer does not complete the mental capacity evaluation within the 15-day period described in Subsection 20A-1-903(2)(b), or any longer period agreed to between the subject officer and the county legislative body; or
(2)(b)(iii) the subject officer and the county legislative body cannot mutually agree on a qualified medical professional to conduct the mental capacity evaluation.
(3) The district court shall order the subject officer to undergo a mental capacity evaluation by a qualified medical professional appointed by the court, and shall provide only the results of the mental capacity evaluation to the county legislative body, if the court finds that there is reasonable cause to believe that the subject officer may lack the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations.
(4) If the qualified medical professional concludes that the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations:

(4)(a) the county legislative body shall provide any necessary reasonable accommodations;
(4)(b) the subject officer may continue to function in the applicable office; and
(4)(c) the court shall order the county legislative body to pay the court costs and reasonable attorney fees of the subject officer.
(5) (5)(a) If the qualified medical professional concludes that the subject officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations, the subject officer may resign from office.
(5)(b) If the subject officer does not resign from office within five calendar days after the day on which the qualified medical professional makes the conclusion described in Subsection (5)(a), the county legislative body may, in an open meeting by unanimous vote, remove the subject officer from the applicable office.
(6) The court shall dismiss an action filed under this section, and rescind any order to undergo a mental capacity evaluation, if the subject officer resigns from the applicable office.
(7) The court may order sanctions against the county legislative body if the court finds, by clear and convincing evidence, that the county legislative body filed or pursued an action described in this section in bad faith.

Legislative History

Enacted by Chapter 259, 2018 General Session