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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the filling of a mid-term vacancy in a municipal
10 office.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies language relating to the process for filling a mid-term vacancy in a
14 municipal office.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-3b-302, as enacted by Laws of Utah 2008, Chapter 19
22 20A-1-510, as last amended by Laws of Utah 2023, Chapter 46
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 10-3b-302 is amended to read:
26 10-3b-302. Mayor in six-member council form of government -- Mayor pro
27 tempore.
28 (1) The mayor in a municipality operating under a six-member council form of
29 municipal government:
30 (a) is, except as provided in Subsection (1)(b), a nonvoting member of the council;
31 (b) votes as a voting member of the council:
32 (i) on each matter for which there is a tie vote of the other council members present at a
33 council meeting, including a tie vote to fill a mid-term vacancy under Section 20A-1-510; or
34 (ii) when the council is voting on:
35 (A) whether to appoint or dismiss a municipal manager; or
36 (B) an ordinance that enlarges or restricts the mayor's powers, duties, or functions;
37 (c) is the chair of the council and presides at all council meetings;
38 (d) exercises ceremonial functions for the municipality;
39 (e) may not veto an ordinance, tax levy, or appropriation passed by the council;
40 (f) except as modified by ordinance under Subsection 10-3b-303(2), has the powers
41 and duties described in Section 10-3b-104; and
42 (g) may, within budget constraints, appoint one or more administrative assistants to the
43 mayor.
44 (2) (a) If the mayor is absent or unable or refuses to act, the council may elect a
45 member of the council as mayor pro tempore, to:
46 (i) preside at a council meeting; and
47 (ii) perform, during the mayor's absence, disability, or refusal to act, the duties and
48 functions of mayor.
49 (b) The municipal clerk or recorder shall enter in the minutes of the council meeting
50 the election of a council member as mayor pro tempore under Subsection (2)(a).
51 Section 2. Section 20A-1-510 is amended to read:
52 20A-1-510. Midterm vacancies in municipal offices.
53 (1) (a) As used in this section:
54 (i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
55 in Section 20A-1-102.
56 (ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
57 (b) Except as otherwise provided in this section, if any vacancy occurs in the office of
58 municipal executive or member of a municipal legislative body, the municipal legislative body
59 shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered
60 voter in the municipality who meets the qualifications for office described in Section 10-3-301
61 to fill the unexpired term of the vacated office.
62 (c) Before acting to fill the vacancy, the municipal legislative body shall:
63 (i) give public notice of the vacancy at least 14 calendar days before the day on which
64 the municipal legislative body meets to fill the vacancy;
65 (ii) identify, in the notice:
66 (A) the date, time, and place of the meeting where the vacancy will be filled;
67 (B) the person to whom an individual interested in being appointed to fill the vacancy
68 may submit the interested individual's name for consideration; and
69 (C) the deadline for submitting an interested individual's name; and
70 (iii) in an open meeting, interview each individual whose name is submitted for
71 consideration, and who meets the qualifications for office, regarding the individual's
72 qualifications.
73 (d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
74 among the names of the candidates interviewed under Subsection (1)(c)(iii).
75 (ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
76 initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
77 the initial vote, as determined by the tie-breaking procedures described in Subsections
78 (1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
79 a second vote to fill the vacancy.
80 (B) If the initial vote results in a tie for second place, the candidates tied for second
81 place shall be reduced to one by a coin toss conducted in accordance with Subsection
82 (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the
83 candidate that received the most votes in the initial vote and the candidate that wins the coin
84 toss described in this Subsection (1)(d)(ii)(B).
85 (C) If the initial vote results in a tie among three or more candidates for first place, the
86 candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
87 with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
88 be between the two candidates that remain after the coin toss described in this Subsection
89 (1)(d)(ii)(C).
90 (D) A coin toss required under this Subsection (1)(d) shall be conducted by the
91 municipal clerk or recorder in the presence of the municipal legislative body.
92 (iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
93 receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
94 coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
95 (e) If the municipal legislative body does not timely comply with Subsections (1)(b)
96 through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
97 (f) After receiving notice that a municipal legislative body has failed to timely comply
98 with Subsections (1)(b) through (d), the lieutenant governor shall:
99 (i) notify the municipal legislative body of the violation; and
100 (ii) direct the municipal legislative body to, within 30 calendar days after the day on
101 which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
102 an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
103 (g) If the municipality fails to timely comply with a directive described in Subsection
104 (1)(f):
105 (i) the lieutenant governor shall notify the governor of the municipality's failure to fill
106 the vacancy; and
107 (ii) the governor shall, within 45 days after the day on which the governor receives the
108 notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
109 vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
110 (2) (a) A vacancy in the office of municipal executive or member of a municipal
111 legislative body shall be filled by an interim appointment, followed by an election to fill a
112 two-year term, if:
113 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
114 at least 14 days before the deadline for filing for election in an odd-numbered year; and
115 (ii) two years of the vacated term will remain after the first Monday of January
116 following the next municipal election.
117 (b) In appointing an interim replacement, the municipal legislative body shall:
118 (i) comply with the notice requirements of this section; and
119 (ii) in an open meeting, interview each individual whose name is submitted for
120 consideration, and who meets the qualifications for office, regarding the individual's
121 qualifications.
122 (3) (a) In a municipality operating under the council-mayor form of government, as
123 defined in Section 10-3b-102:
124 (i) the council may appoint an individual to fill a vacancy in the office of mayor before
125 the effective date of the mayor's resignation by making the effective date of the appointment
126 the same as the effective date of the mayor's resignation; and
127 (ii) if a vacancy in the office of mayor occurs before the effective date of an
128 appointment under Subsection (1) or (2) to fill the vacancy, the remaining council members, by
129 majority vote, shall appoint a council member to serve as acting mayor during the time between
130 the creation of the vacancy and the effective date of the appointment to fill the vacancy.
131 (b) A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
132 (i) act as a council member; and
133 (ii) vote at council meetings.
134 (4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
135 this section, the municipal legislative body member whose resignation creates the vacancy on
136 the municipal legislative body may:
137 (A) interview an individual whose name is submitted for consideration under
138 Subsection (1)(c)(iii) or (2)(b)(ii); and
139 (B) vote on the appointment of an individual to fill the vacancy.
140 (ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
141 removed from office in accordance with state law may not cast a vote under Subsection
142 (4)(a)(i).
143 (b) A member of a municipal legislative body who submits his or her resignation to the
144 municipal legislative body may not rescind the resignation.
145 (c) A member of a municipal legislative body may not vote on an appointment under
146 this section for himself or herself to fill a vacancy in the municipal legislative body.
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152 mayor may not:
153 (a) participate in the vote to fill a vacancy;
154 (b) veto a decision of the council to fill a vacancy; or
155 (c) vote in the case of a tie.
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157 election or appointment as mayor may, in the case of a tie, participate in the vote under this
158 section.
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160 adopt procedures governing the appointment, interview, and voting process for filling
161 vacancies in municipal offices.
162 Section 3. Effective date.
163 This bill takes effect on May 1, 2024.