First Substitute H.B. 219

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POWERS OF MAYORS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Peter C. Knudson
5 AN ACT RELATING TO CITIES AND TOWNS; PROVIDING FOR MANAGERS TO BE
6 APPOINTED BY MAYORS WITH THE ADVICE AND CONSENT OF THE MUNICIPAL
7 LEGISLATIVE BODY; CLARIFYING THE EMPLOYMENT STATUS OF MANAGERS;
8 AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-809, as last amended by Chapter 33, Laws of Utah 1983
12 ENACTS:
13 10-3-830, Utah Code Annotated 1953
14 REPEALS:
15 10-3-924, as enacted by Chapter 48, Laws of Utah 1977
16 10-3-925, as enacted by Chapter 48, Laws of Utah 1977
17 10-3-926, as enacted by Chapter 48, Laws of Utah 1977
18 10-3-927, as enacted by Chapter 48, Laws of Utah 1977
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 10-3-809 is amended to read:
21 10-3-809. Powers of mayors in cities of third class and towns.
22 (1) The mayor in [cities] a city of the third class [and towns: (1) shall be] or a town is the
23 chief executive officer to whom all employees of the municipality shall report[;].
24 (2) The mayor shall:
25 (a) keep the peace and enforce the laws of the city or town;
26 [(3) shall] (b) remit fines and forfeitures [and may release any person imprisoned for
27 violation of any municipal ordinance];

1 [(4) shall] (c) report [such remittance or release] remittances under Subsection (2)(b) to
2 the council at its next regular session;
3 [(5) shall] (d) perform all duties prescribed by law, resolution, or ordinance;
4 [(6) shall] (e) ensure that all the laws [and], ordinances, and resolutions are faithfully
5 executed and observed;
6 [(7) may at any reasonable time examine and inspect the books, papers, records or
7 documents of the city or town or of any officer, employee or agent of the city or town;]
8 [(8) shall] (f) report to the council the condition of the city or town and recommend for
9 council consideration any measures [as deemed] that the mayor considers to be in the best interests
10 of the city or town;
11 [(9) shall,] (g) when necessary, call on the residents of the city or town over the age of
12 21 years to assist in enforcing the laws of the state and ordinances of the municipality; [and]
13 [(10) shall] (h) appoint, with the advice and consent of the council, persons to fill
14 municipal offices or vacancies on commissions or committees of the municipality[. This
15 subsection shall not apply to managers appointed under Section 10-3-924.]; and
16 (i) report to the council any release granted under Subsection (3)(b).
17 (3) The mayor may:
18 (a) at any reasonable time, examine and inspect the official books, papers, records, or
19 documents of the city or town or any officer, employee, or agent of the city or town; and
20 (b) release any person imprisoned for violation of any municipal ordinance.
21 Section 2. Section 10-3-830 is enacted to read:
22 10-3-830. Appointment of city or town manager.
23 (1) A governing body of a city or town, organized as provided under Title 10, Chapter 3,
24 Part 1, may appoint a person to act as city or town manager, to serve at the pleasure of the
25 governing body.
26 (2) The governing body of a city or town that appoints a manager under Subsection (1)
27 shall, by ordinance or resolution, prescribe the powers, duties, and obligations of the manager.
28 (3) A mayor may not delegate to the manager:
29 (a) the mayor's legislative or judicial powers;
30 (b) the mayor's position as chairman of the governing body; or
31 (c) any ex officio position that the mayor holds.

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1 Section 3. Repealer.
2 This act repeals:
3 Section 10-3-924, Appointment of manager.
4 Section 10-3-925, Term of office.
5 Section 10-3-926, Duties of the manager.
6 Section 10-3-927, Legislative powers and official position of the mayor not delegated.

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