(1) This section does not apply to a county, unless the county: (a) has adopted the ordinance described in Subsection 20A-1-902(1)(a)(i); and (b) has at least five members on the county legislative body. (2) At the end of the five-day period described in Subsection 20A-1-902(5)(b), if the subject officer agrees to the voluntary mental capacity evaluation option described in Subsection 20A-1-902(5) (b)(ii): (a) the county legislative body and the subject officer shall mutually agree on a qualified medical professional to conduct the mental capacity evaluation; and (b) the subject officer shall undergo the mental capacity evaluation within 15 calendar days after the day on which the subject officer agrees to undergo the mental capacity evaluation, or longer if the county legislative body and the subject officer agree to an extended period. (3) Notwithstanding the provisions of Title 52, Chapter 4, Open and Public Meetings Act, any action taken by the county legislative body under Subsection (2) shall occur in a closed meeting. (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: (a) the county legislative body shall provide any necessary reasonable accommodations; and (b) the subject officer may continue to function in the applicable office. (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. (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.
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