Terms Used In Utah Code > Title 52 > Chapter 7 - Public Officers' Attorney Fees Act

• Applicable office: means the office held by the subject officer. See Utah Code 20A-1-901
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clerk: includes a board of trustees under Title 17B, Chapter 1, Provisions Applicable to All Special Districts. See Utah Code 20A-1-1001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Local petition: means :
       (2)(a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local Initiatives - Procedures; or
       (2)(b) a manual or electronic local referendum petition described in Chapter 7, Part 6, Local Referenda - Procedures. See Utah Code 20A-1-1001
• Mental capacity evaluation: means an evaluation by a qualified medical professional to determine whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
• Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
• Municipality: means a city or town. See Utah Code 20A-1-102
• Officer: means a county officer. See Utah Code 20A-1-901
• Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
• Petition: means one of the following written requests, signed by registered voters, appealing to an authority with respect to a particular cause:
       (3)(a) a local petition;
       (3)(b) a petition to consolidate two or more municipalities under Section 10-2-601;
       (3)(c) a petition for disincorporation of a municipality under Section 10-2-701;
       (3)(d) a petition to incorporate a proposed municipality under Section 10-2a-208;
       (3)(e) a petition to consolidate adjoining counties under Section 17-2-103;
       (3)(f) a petition to annex a portion of a county to an adjoining county under Section 17-2-203;
       (3)(g) a petition for the creation of a new county under Section 17-3-1;
       (3)(h) a petition for the removal of a county seat under Section 17-11-2;
       (3)(i) a petition for the adoption of an optional plan under Section 17-52a-303;
       (3)(j) a petition for the repeal of an optional plan under Section 17-52a-505;
       (3)(k) a petition to create a special district under Section 17B-1-203;
       (3)(l) a petition to withdraw an area from a special district under Section 17B-1-504;
       (3)(m) a petition to dissolve a special district under Section 17B-1-1303;
       (3)(n) a petition for issuance of local building authority bonds under Section 17D-2-502;
       (3)(o) a petition to become a registered political party under Section 20A-8-103;
       (3)(p) a nomination petition for municipal office under Section 20A-9-203;
       (3)(q) a nomination petition for a regular primary election under Subsection 20A-9-403(3)(a) and Section 20A-9-405;
       (3)(r) a petition for a political party to qualify as a municipal political party under Section 20A-9-404;
       (3)(s) a petition for the nomination of a qualified political party under Section 20A-9-408;
       (3)(t) a nomination petition for a candidate not affiliated with a political party under Section 20A-9-502;
       (3)(u) a nomination petition to become a delegate to a ratification convention under Section 20A-15-103;
       (3)(v) a petition to create a new school district under Section 53G-3-301;
       (3)(w) a petition to consolidate school districts under Section 53G-3-401;
       (3)(x) a petition to transfer a portion of a school district to another district under Section 53G-3-501;
       (3)(y) a petition to determine whether a privatization project agreement should be approved under Section 73-10d-4; or
       (3)(z) a statewide petition. See Utah Code 20A-1-1001
• Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Public officer: means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record. See Utah Code 52-7-102
• qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
• Results of the mental capacity evaluation: means a statement by the qualified medical professional who conducts the mental capacity evaluation that the subject officer:
       (4)(a) has the mental capacity to fulfill the essential functions of the applicable office, without reasonable accommodations;
       (4)(b) has the mental capacity to fulfill the essential functions of the applicable office, with specified reasonable accommodations; or
       (4)(c) lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statewide petition: means :
       (4)(a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2, Statewide Initiatives; or
       (4)(b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3, Statewide Referenda. See Utah Code 20A-1-1001
• Subject officer: means the officer who is subject to proceedings under this part to determine whether the officer has the mental capacity to fulfill the essential functions of the officer's office, with or without reasonable accommodations. See Utah Code 20A-1-901
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Unanimous: means a vote of all members of a county legislative body where all members of the county legislative body, not including the subject officer, vote on the same side of the motion. See Utah Code 20A-1-901