2nd Sub.
S.B.
20
MUNICIPAL GOVERNMENT AMENDMENTS
senate floor
Amendments
Amendment 2 February 7, 2008 11:11 am
Senator Howard A. Stephenson
proposes the following amendments:
1. Page
1, Line 18
:
18
five-member council forms of municipal government;
. provides that a council modifying a mayor's powers, duties, or functions in a six-member
council form or five-member council form of government constitutes a change in the form of
government, requiring voter approval;
. eliminates a mayor's refusal to act as a basis for the council appointing a mayor pro tempore in
a six-member council form or five-member council form of government;
. requires persons appointed to an appointed municipal office in certain municipalities to be
appointed based on qualifications;
. authorizes a mayor in certain municipalities to remove any of specified appointed officers;
. provides that following the removal of an appointed officer in certain municipalities, the
position remains vacant until a successor is appointed;
2. Page
2, Line 41
:
41
10-3-902, as enacted by Laws of Utah 1977, Chapter 48
10-3-916, as last amended by Laws of Utah 2003, Chapter 292
3. Page
14, Line 409
:
409
Professional Engineers and Professional Land Surveyors Licensing Act.
Section 11. Section 10-3-916 is amended to read:
10-3-916
.
Appointment of recorder and treasurer in a city of third, fourth, or fifth class or a
town -- Vacancies in office.
(1) In each city of the third, fourth, or fifth class and in each town, on or before the first Monday in
February following a municipal election, the mayor, with the advice and consent of the city council, shall
appoint a qualified person to each of the offices of city recorder and treasurer.
(2) The city recorder is ex officio the city auditor and shall perform the duties of that office.
(3)
(a)
The mayor, with the advice and consent of the council, may also appoint and fill vacancies
in all offices provided for by law or ordinance.
{
(4) All appointed officers shall continue in office until their successors are appointed and
qualified.
}
(b) Each person appointed under this section shall be appointed solely on the basis of the
person's abilities, integrity, and prior experience relating to the duties of the office.
(4) (a) The mayor in a city of the third, four, or fifth class or a town may remove any officer
appointed under this section.
(b) If a mayor removes a person under Subsection (4)(a), the position from which the person was
removed shall remain vacant until another person is appointed, as provided in this section.
Renumber remaining sections accordingly.
4. Page
27, Line 811
:
811
(2) (a) If the mayor is absent or unable
{
or refuses
}
to act, the council may elect a
5. Page
27, Line 828
:
828
(a) subject to
{
Subsection
}
Subsections
10-3b-302
(1)(b)(ii)(B)
and 10-3b-501(2)
, adopt
an ordinance:
6. Page
27, Line 830
:
830
10-3b-104
;
or
7. Page
, Line 832 through Page 28, Line 833
:
832
Subsection (2)(a)(i);
{
and
}
833
{
(iii)
}
(b) adopt an ordinance
delegating to the mayor any executive or administrative power,
duty, or function
8. Page
28, Line 835
:
835
{
(b)
}
(c)
subject to Subsection10-3b-302(1)(b)(ii)(A):
9. Page
28, Line 839
:
839
{
(c)
}
(d)
assign any or all council members, including the mayor, to supervise one or more
10. Page
28, Line 861
:
861
(2) (a) If the mayor is absent or unable
{
or refuses
}
to act, the council may elect a
11. Page
29, Line 878
:
878
(a) subject to
{
Subsection
}
Subsections
10-3b-403
(3)
and 10-3b-501(2)
, adopt an
ordinance:
12. Page
29, Line 880
:
880
10-3b-104
;
13. Page
29, Lines 882 through 883
:
882
Subsection (2)(a)(i);
{
and
}
883
{
(iii)
}
(b) adopt an ordinance
delegating to the mayor any executive or administrative power,
duty, or function
14. Page
29, Line 885
:
885
{
(b)
}
(c)
appoint a manager to perform executive and administrative duties or functions that
15. Page
29, Lines 887 through 888
:
887
{
(c)
}
(d)
dismiss a manager appointed under Subsection (2)
{
(a)
}
(c)
; and
888
{
(d)
}
(e)
assign any or all council members, including the mayor, to supervise one or more
16. Page
30, Lines 897 through 902
:
897
(1)
As provided in this part, a municipality may change from the form of government under
898
which it operates to:
899
{
(1)
}
(a)
the council-mayor form of government with a five-member council;
900
{
(2)
}
(b)
the council-mayor form of government with a seven-member council;
901
{
(3)
}
(c)
the six-member council form of government; or
902
{
(4)
}
(d)
the five-member council form of government.
(2)(a) A removal of a power, duty, or function of a mayor under a six-member council form of
government or five-member council form of government is a change in the form of municipal
government requiring the approval of voters of the municipality, as provided in this part.
(b) The reinstatement of a previously removed power, duty, or function of a mayor under a six-
member council form of government or a five-member council form of government is a change in the
form of municipal government requiring the approval of voters of the municipality, as provided in this
part.
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