H.B. 219

1

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 10-3-924, as enacted by Chapter 48, Laws of Utah 1977
13 REPEALS:
14 10-3-925, as enacted by Chapter 48, Laws of Utah 1977
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 10-3-809 is amended to read:
17 10-3-809. Powers of mayors in cities of third class and towns.
18 (1) The mayor in cities of the third class and towns[: (1) shall be] is the chief executive
19 officer to whom all employees of the municipality shall report[;].
20 (2) The mayor shall:
21 (a) keep the peace and enforce the laws of the city or town;
22 [(3) shall] (b) remit fines and forfeitures [and may release any person imprisoned for
23 violation of any municipal ordinance];
24 [(4) shall] (c) report [such remittance or release] those remittances to the council at its
25 next regular session;
26 [(5) shall] (d) perform all duties prescribed by law, resolution, or ordinance;
27 [(6) shall] (e) ensure that all the laws and ordinances and resolutions are faithfully

1 executed and observed;
2 [(7) may at any reasonable time examine and inspect the books, papers, records or
3 documents of the city or town or of any officer, employee or agent of the city or town;]
4 [(8) shall] (f) report to the council the condition of the city or town and recommend for
5 council consideration any measures [as deemed] that the mayor considers to be in the best interests
6 of the city or town;
7 [(9) shall,] (g) when necessary, call on the residents of the city or town over the age of
8 21 years to assist in enforcing the laws of the state and ordinances of the municipality; and
9 [(10) shall] (h) appoint, with the advice and consent of the council, persons to fill
10 municipal offices or vacancies on commissions or committees of the municipality. [This
11 subsection shall not apply to managers appointed under Section 10-3-924.]
12 (3) (a) The mayor may:
13 (i) at any reasonable time, examine and inspect the official books, papers, records, or
14 documents of the city or town or any officer, employee, or agent of the city or town; and
15 (ii) release any person imprisoned for violation of any municipal ordinance.
16 (b) The mayor shall report any releases granted to the council at its next regular session.
17 Section 2. Section 10-3-924 is amended to read:
18 10-3-924. Appointment of manager.
19 (1) (a) The [governing] legislative body of any city or town may:
20 (i) by ordinance, establish a manager form of government; and
21 (ii) except as provided in Subsection (1)(b), appoint [any] a person to [be known] act as
22 [the] city manager.
23 (b) A manager appointed by the legislative body of a city or town under Subsection (1)
24 serves at the pleasure of the legislative body.
25 (2) (a) If a third class city or town has not adopted an optional form of municipal
26 government, the mayor may appoint a person to act as city manager with the advice and consent
27 of the municipal legislative body.
28 (b) A manager appointed by the mayor and confirmed by the municipal legislative body
29 under Subsection (2)(a) serves at the pleasure of the mayor.
30 Section 3. Repealer.
31 This act repeals:

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1 Section 10-3-925, Term of office.




Legislative Review Note
as of 10-2-96 8:39 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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