67-4-11 - Delict of treasurer -- Duties of auditor and governor -- Suspension. - Utah Statutes

67-4-11. Delict of treasurer -- Duties of auditor and governor -- Suspension.
(1) The state auditor shall notify the governor if the state auditor examines the books ofthe state treasurer, and finds that:
(a) the books do not correspond with the amount of funds on hand;
(b) the books do not show the actual condition of the funds;
(c) monies belonging to the state have been embezzled, diverted, or in any manner takenfrom the treasury without authority of law; or
(d) the state treasurer has been guilty of negligence in keeping the books or in taking careof the public monies.
(2) Upon receipt of the notice, the governor shall:
(a) take possession of all books, monies, papers, and other property belonging to the statein the possession of the state treasurer; and
(b) temporarily suspend the state treasurer from office.
(3) (a) The state auditor shall:
(i) examine the books, papers, and all matters connected with the office of the suspendedstate treasurer; and
(ii) notify the governor of the findings.
(b) If, based upon the examination, the auditor concludes that the state treasurer hasembezzled or converted to personal use the public monies, or has been negligent in keeping thebooks, or in taking care of the public monies, the governor shall appoint another person to replacethe suspended state treasurer.
(c) The new state treasurer shall execute an official bond, and enter upon the office ofstate treasurer, as provided by law.
(d) The governor shall report all of the acts done under this section to the Legislature.
(4) The new state treasurer shall hold office until the suspended state treasurer is restoredor until his successor is elected and qualified.

Amended by Chapter 14, 1998 General Session