H.B. 457

1

MUNICIPAL AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christopher N. Herrod
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Municipal Code related to the appointment
10 and removal of certain officials.
11 Highlighted Provisions:
12 This bill:
13 . requires the advice and consent of the municipal council or legislative body with
14 respect to the removal of department heads and officers and employees,
15 commissions, boards, and committees, and for planning commission members.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-1219, as last amended by Chapter 156, Laws of Utah 2004
23 10-9a-301, as renumbered and amended by Chapter 254, Laws of Utah 2005
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-3-1219 is amended to read:
27 10-3-1219. Council-mayor form -- Powers and duties of mayor.

28 (1) In the optional form of government known as the council-mayor form, the mayor
29 shall be a registered voter of the municipality from which he is elected and shall be elected for
30 a term of four years.
31 (2) The mayor shall be the chief executive and administrative officer of the
32 municipality and shall:
33 (a) enforce the laws and ordinances of the municipality;
34 (b) execute the policies adopted by the council;
35 (c) appoint and remove administrative assistants, including a chief administrative
36 officer; [and]
37 (d) with the advice and consent of the council, appoint department heads and all
38 statutory officers, commissions, boards, and committees of the municipality, except as may
39 otherwise be specifically limited by law;
40 (e) with the advice and consent of the council, remove department heads and officers
41 and employees, commissions, boards, and committees;
42 (f) exercise control of all departments, divisions, and bureaus within the municipal
43 government;
44 (g) attend all meetings of the council with the right to take part in all discussions and
45 the responsibility to inform the council of the condition and needs of the municipality and
46 make recommendations and freely give advice to the council, except that the mayor may not
47 vote in council meetings;
48 (h) appoint a budget officer to serve in place of the mayor for the purpose of
49 conforming with the requirements of the Uniform Municipal Fiscal Procedures Act and in all
50 other respects fulfill the requirements of that act;
51 (i) appoint, with the advice and consent of the council, a qualified person to each of the
52 offices in cities of recorder, treasurer, engineer, and attorney and, in towns, town treasurer and
53 clerk;
54 (j) create any other offices that are considered necessary for the good government of
55 the municipality, and make appointments to them;
56 (k) regulate and prescribe the powers and duties of all other officers of the
57 municipality, within the general provisions of law and ordinance;
58 (l) furnish the municipal council with a report periodically, as determined by

59 ordinance, that is available for public inspection and sets forth:
60 (i) the amounts of all budget appropriations;
61 (ii) the total disbursements to date from these appropriations;
62 (iii) the amount of indebtedness incurred or contracted against each appropriation,
63 including disbursements and indebtedness incurred and not paid; and
64 (iv) the percentage of the appropriations encumbered to date;
65 (m) execute agreements within certified budget appropriations on behalf of the
66 municipality, or delegate, by written executive order, the power to execute such agreements to
67 executive officials, subject to the procedure described in Section 10-6-138 ; and
68 (n) perform other duties as may be prescribed by this part or may be required by
69 ordinance not inconsistent with this part.
70 Section 2. Section 10-9a-301 is amended to read:
71 10-9a-301. Ordinance establishing planning commission required -- Ordinance
72 requirements -- Compensation.
73 (1) (a) Each municipality shall enact an ordinance establishing a planning commission.
74 (b) The ordinance shall define:
75 (i) the number and terms of the members and, if the municipality chooses, alternate
76 members;
77 (ii) the mode of appointment and dismissal, requiring each appointment and dismissal
78 to be with the advice and consent of the municipal legislative body;
79 (iii) the procedures for filling vacancies and removal from office;
80 (iv) the authority of the planning commission; and
81 (v) other details relating to the organization and procedures of the planning
82 commission.
83 (2) The legislative body may fix per diem compensation for the members of the
84 planning commission, based on necessary and reasonable expenses and on meetings actually
85 attended.

Legislative Review Note
as of 1-29-07 1:03 PM

Office of Legislative Research and General Counsel