1-2-3. Vacancies - How filled.

When a vacancy occurs in the Board of County Commissioners through ineligibility, resignation or death of an incumbent or of an officer-elect before qualifying, or refusal to act, or for any other reason, the vacancy shall be filled as follows:

(1) If two years remain on the unexpired terms as of the first Monday in January next and 30 days or more remain before the general election, or if such office shall be vacant by the first Monday of January next due to a certified written resignation submitted when 30 days or more remain before the general election, then the vacancy for the unexpired term shall be filled under the provisions of Sections 20-4-9 and 20-4-11.5, U.C.A., except that the vacancy shall be filled in the interim period by appointment according to the provisions of Subsection (2) below.

(2) If such vacancy occurs when fewer than 30 days remain before the general election, then the vacancy shall be filled by the board by appointment from a list of at least six persons who have been endorsed in writing by the County Central Committee of the party to which the person belonged who occasioned the vacancy. Should the board fail to make the appointment within 30 days after the vacancy occurs, the Clerk shall notify the Governor of the fact, and the Governor shall, within 30 days after receipt of a notice, fill the vacancy by appointment from the aforementioned list. If at any time there shall not be a majority of the Board remaining in office, the Governor shall appoint one or two Commissioners, as the case may be, from the list or lists, until there shall be a majority, and the majority shall select the third Commissioner as herein provided. Appointees shall hold office for the unexpired term for which appointed or until a successor is elected and has qualified. (§17-5-4, U.C.A.) (Ord. 95-19, 9/12/95; Ord. 92-5, 9/1/92)