H.B. 139

1

CITIES AND TOWNS - CLASSIFICATION
2 AND RELATED ISSUES
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Wayne A. Harper
6 This act modifies provisions of the Utah Municipal Code relating to cities and towns. The
7 act modifies provisions relating to the direction, control, and supervision of a chief of police
8 or marshal in a third class city or town and their appointment of assistants. The act revises
9 municipal classifications and adjusts certain town budgetary procedural requirements to be
10 more consistent with those of cities. The act eliminates the requirement that cities of the first
11 class have a civil service commission and makes the establishment of a civil service
12 commission optional for cities of the first or second class. The act expands the authority of
13 the civil service commission with respect to appeals of a suspension or discharge. The act
14 establishes existing forms of government for first, second, and third class cities and towns
15 as optional forms for all classes of municipalities. The act also makes technical changes.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 10-2-301, as repealed and reenacted by Chapter 318, Laws of Utah 2000
19 10-3-918, as last amended by Chapter 33, Laws of Utah 1983
20 10-3-1001, as enacted by Chapter 48, Laws of Utah 1977
21 10-3-1002, as last amended by Chapter 44, Laws of Utah 1977
22 10-3-1003, as enacted by Chapter 48, Laws of Utah 1977
23 10-3-1012, as last amended by Chapter 221, Laws of Utah 1991
24 10-3-1203, as last amended by Chapters 10 and 389, Laws of Utah 1997
25 10-3-1209, as last amended by Chapter 39, Laws of Utah 1979
26 10-5-107, as last amended by Chapter 3, Laws of Utah 1988
27 10-5-108, as last amended by Chapter 118, Laws of Utah 1989

28 10-5-109, as last amended by Chapter 118, Laws of Utah 1989
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-2-301 is amended to read:
31 10-2-301. Classification of municipalities according to population.
32 (1) Each municipality shall be classified according to its population, as provided in this
33 section.
34 (2) (a) A municipality with a population of 100,000 or more is a city of the first class.
35 (b) A municipality with a population of 60,000 or more but less than 100,000 is a city of
36 the second class.
37 (c) A municipality with a population of [800] 1,000 or more but less than 60,000 is a city
38 of the third class.
39 (d) A municipality with a population under [800] 1,000 is a town.
40 Section 2. Section 10-3-918 is amended to read:
41 10-3-918. Chief of police or marshal in third class cities and towns.
42 [In cities of the third class and towns, the] The chief of police or marshal [shall] in a city
43 of the third class or town:
44 (1) shall:
45 (a) exercise and perform [such] the duties [as may be] that are prescribed by the
46 [governing] legislative body[. The chief of police or marshal shall]; and
47 (b) be under the direction, control, and supervision of the [mayor. The chief of police or
48 marshal may with the consent of the mayor] person or body that appointed the chief or marshal;
49 and
50 (2) may, with the consent of the person or body that appointed the chief or marshal,
51 appoint assistants to the chief of police or marshal.
52 Section 3. Section 10-3-1001 is amended to read:
53 10-3-1001. Subordinates in police, health, and fire departments to be appointed from
54 list.
55 [The] Subject to the rules and regulations of the civil service commission, the head of [each
56 of] the police and fire departments [of cities] of [the] each first and second class city that chooses
57 to establish a civil service commission and the health officer in [cities of the] each first class city
58 that chooses to establish a civil service commission shall, from the classified civil service list

59 furnished by the civil service commission and by and with the advice and consent of the [board
60 of] city [commissioners, and subject to the rules and regulations of the civil service commission,]
61 legislative body:
62 (1) appoint [from the classified civil service list furnished by the civil service commission]
63 all subordinate officers, employees, members, or agents in [his] the department[,]; and [in like
64 manner]
65 (2) fill [all] vacancies in the [same] positions listed in Subsection (1).
66 Section 4. Section 10-3-1002 is amended to read:
67 10-3-1002. Classified civil service -- Employment constituting.
68 (1) The classified civil service shall consist of all places of employment now existing or
69 hereafter created in or under the police department and the fire department of each first or second
70 class city [of the first and second class,] that chooses to establish a civil service commission and
71 the health department in [cities of the] each first class[,] city that chooses to establish a civil
72 service commission, except the head of the departments, deputy chiefs of the police and fire
73 departments, and assistant chiefs of the police department in cities of the first and second class,
74 and the members of the board of health of the departments.
75 (2) No appointments to any of the places of employment constituting the classified civil
76 service in the departments shall be made except according to law and under the rules and
77 regulations of the civil service commission.
78 (3) The head of each of the departments may, and the deputy chiefs of the police and fire
79 departments and assistant chiefs of the police department shall, be appointed from the classified
80 civil service, and upon the expiration of [his] the term or upon the appointment of a successor shall
81 be returned thereto.
82 Section 5. Section 10-3-1003 is amended to read:
83 10-3-1003. Commission -- Number, term, vacancies.
84 [In each] (1) A city of the first [and] or second class [there shall be] may establish a civil
85 service commission[, consisting] under this part.
86 (2) Each civil service commission under this part shall consist of three members appointed
87 by the [board of commissioners] city legislative body. [Their]
88 (3) (a) The term of office of commission members shall be six years, but [they] members
89 shall be appointed so that the term of office of one member shall expire on the 30th day of June

90 of each even-numbered year.
91 (b) If a vacancy occurs in the civil service commission, it shall be filled by appointment
92 by the [board of] city [commissioners] legislative body for the unexpired term.
93 Section 6. Section 10-3-1012 is amended to read:
94 10-3-1012. Suspension or discharge by department head -- Appeal to commission --
95 Hearing and decision.
96 (1) All persons in the classified civil service may be suspended as provided in Section
97 10-3-912 , or removed from office or employment by the head of the department for misconduct,
98 incompetency, failure to perform [his] duties, or failure to observe properly the rules of the
99 department, but subject to appeal by the suspended or discharged person to the civil service
100 commission.
101 (2) Any person suspended or discharged may, within five days from the issuance by the
102 head of the department of the order [suspending or discharging him] of suspension or discharge,
103 appeal to the civil service commission, which shall fully hear and determine the matter.
104 (3) The suspended or discharged person shall be entitled to appear in person and to have
105 counsel and a public hearing.
106 (4) (a) The civil service commission may accept, reject, or modify the order of suspension
107 or discharge.
108 (b) The finding and decision of the civil service commission upon the hearing shall be
109 certified to the head of the department from whose order the appeal is taken, and shall be final and
110 immediately enforced by [him] the head.
111 Section 7. Section 10-3-1203 is amended to read:
112 10-3-1203. Election requirements and procedure for organization under optional
113 form of government.
114 (1) A municipality may reorganize under any form of municipal government provided for
115 in this part or under Sections 10-3-103 , 10-3-104 , 10-3-105 , or 10-3-106 , regardless of the city's
116 class under Section 10-2-301 .
117 (2) Reorganization under Subsection (1) shall be by approval of a majority of registered
118 voters of the municipality voting in a special election held for that purpose.
119 (3) (a) The proposal may be entered on the ballot by resolution passed by the governing
120 body of the municipality or by initiative as provided for in Title 20A, Chapter 7, Part 5, Local

121 Initiatives - Procedures.
122 (b) The resolution or petition shall state the number, method of election, and initial terms
123 of council members and shall specify the boundaries of districts substantially equal in population
124 if some or all council members are to be chosen from these districts.
125 (4) (a) The proposal shall be voted upon at a special election to be held not more than
126 twelve months after the resolution is passed or after receipt of a valid initiative petition.
127 (b) The special election shall be held at least 90 days before or after regular municipal
128 elections.
129 (c) The ballot for the special election to adopt or reject one of the forms of municipal
130 government shall be in substantially the following form:
131 ___________________________________________________________________________
132 Shall (name of municipality), Utah, adopt Yes
133 the (council-mayor) (council-manager)
134 (five-member commission) (three-member commission)
135 (six-member council) (five-member council) form of
136 municipal government? No
137 ___________________________________________________________________________
138 Section 8. Section 10-3-1209 is amended to read:
139 10-3-1209. Optional forms defined.
140 (1) (a) The optional form of government known as the council-mayor form vests the
141 government of a municipality [which] that adopts this form in two separate, independent, and equal
142 branches of municipal government[;]: the executive branch, consisting of a mayor and the
143 administrative departments and officers; and the legislative branch, consisting of a municipal
144 council.
145 (b) The optional form known as the council-manager form vests the government of the
146 municipality in a municipal council, which [shall be deemed] is considered to be the governing
147 body of the municipality, and a manager appointed by the council.
148 (c) The optional form known as the five-member commission is as described in Section
149 10-3-103 .
150 (d) The optional form known as the three-member commission is as described in Section
151 10-3-104 .

152 (e) The optional form known as the six-member council is as described in Section
153 10-3-105 .
154 (f) The optional form known as the five-member council is as described in Section
155 10-3-106 .
156 (2) Notwithstanding language contained in Sections 10-3-103 , 10-3-104 , 10-3-105 , and
157 10-3-106 indicating that those forms of municipal government are only for the class of
158 municipality specified in those sections, any of those forms may be chosen by any class of
159 municipality as an optional form under this part.
160 (3) All provisions of this chapter that apply to the form of government specified in
161 Sections 10-3-103 , 10-3-104 , 10-3-105 , and 10-3-106 shall apply equally to a municipality
162 choosing one of those forms of government as an optional form under this part.
163 Section 9. Section 10-5-107 is amended to read:
164 10-5-107. Tentative budgets required for public inspection -- Contents -- Adoption
165 of tentative budget.
166 (1) (a) [At least seven days prior to its adoption] On or before the first regularly scheduled
167 town council meeting of May, the mayor shall:
168 (i) prepare for the ensuing year, on forms provided by the state auditor, [and have available
169 for public inspection,] a tentative budget for each fund for which a budget is required[.];
170 (ii) make the tentative budget available for public inspection; and
171 (iii) submit the tentative budget to the town council.
172 (b) The tentative budget of each fund shall set forth in tabular form:
173 [(a)] (i) actual revenues and expenditures in the last completed fiscal year;
174 [(b)] (ii) estimated total revenues and expenditures for the current fiscal year; and
175 [(c)] (iii) the mayor's estimates of revenues and expenditures for the budget year.
176 (2) The mayor shall estimate the amount of revenue available to serve the needs of each
177 fund, estimate the portion to be derived from all sources other than general property taxes, and
178 estimate the portion that must be derived from general property taxes. From these estimates the
179 mayor shall compute and disclose in the budget the lowest rate of property tax levy that will raise
180 the required amount of revenue, calculating the levy on the latest taxable value.
181 (3) (a) Before the public hearing required under Section 10-5-108 , the town council:
182 (i) shall review, consider, and tentatively adopt the tentative budget in any regular meeting

183 or special meeting called for that purpose; and
184 (ii) may amend or revise the tentative budget.
185 (b) At the meeting at which the town council adopts the tentative budget, the council shall
186 establish the time and place of the public hearing required under Section 10-5-108 .
187 Section 10. Section 10-5-108 is amended to read:
188 10-5-108. Budget hearing -- Notice -- Adjustments.
189 (1) Prior to the adoption of the final budget, each town council shall hold a public hearing
190 to receive public comment.
191 (2) [Notice] The council shall provide notice of the place, purpose, and time of the public
192 hearing [shall be published] by publishing notice at least seven days before the hearing at least
193 once in a newspaper of general circulation in the town, but if there is no newspaper of general
194 circulation, then [notice may be given] by posting the notice in three public places at least 48 hours
195 prior to the hearing.
196 (3) After the hearing, the council, subject to Section 10-5-110 , may adjust expenditures
197 and revenues in conformity with this [act] chapter.
198 Section 11. Section 10-5-109 is amended to read:
199 10-5-109. Adoption of budgets -- Filing.
200 [Prior to] Before June [22] 30 of each year, or August [17] 31 in the case of a property tax
201 increase under Sections 59-2-919 through 59-2-923 , the council shall by resolution or ordinance
202 adopt a budget for the ensuing fiscal year for each fund for which a budget is required under this
203 chapter. A copy of the final budget for each fund shall be filed with the state auditor within 30
204 days after adoption.




Legislative Review Note
as of 1-31-01 5:06 PM

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

Office of Legislative Research and General Counsel