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S.B. 172
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8 LONG TITLE
9 General Description:
10 This bill prohibits a political subdivision from appointing or hiring, in certain
11 circumstances, a manager or similar position during an interim vacancy period.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . prohibits a council in a municipal council-manager form of government from:
16 . appointing a manager during an interim vacancy period; and
17 . entering into a contract that contains an automatic renewal provision on or after
18 May 10, 2011, with a manager;
19 . prohibits a mayor in a municipal council-mayor form of government from:
20 . appointing a chief administrative officer during an interim vacancy period; and
21 . entering into a contract that contains an automatic renewal provision on or after
22 May 10, 2011, with a chief administrative officer;
23 . prohibits a council in a municipal six-member council form of government from:
24 . appointing a manager during an interim vacancy period; and
25 . entering into a contract that contains an automatic renewal provision on or after
26 May 10, 2011, with a manager;
27 . prohibits a council in a municipal five-member council form of government from:
28 . appointing a manager during an interim vacancy period; and
29 . entering into a contract that contains an automatic renewal provision on or after
30 May 10, 2011, with a manager;
31 . prohibits a council in a county council-manager form of government from:
32 . appointing a county manager during an interim vacancy period; and
33 . entering into a contract that contains an automatic renewal provision on or after
34 May 10, 2011, with a county manager;
35 . prohibits a county executive from:
36 . appointing a manager, a chief executive officer, a chief administrative officer, or
37 a similar position during an interim vacancy period; and
38 . entering into a contract on or after May 10, 2011, that contains an automatic
39 renewal provision with a chief executive officer, a chief administrative officer,
40 or a similar position;
41 . prohibits a local district from:
42 . hiring a manager, a chief executive officer, a chief administrative officer, or a
43 similar position during an interim vacancy period; and
44 . entering into a contract on or after May 10, 2011, that contains an automatic
45 renewal provision with a manager, a chief executive officer, a chief
46 administrative officer, or a similar position;
47 . prohibits a special service district from:
48 . hiring a manager, a chief executive officer, a chief administrative officer, or a
49 similar position during an interim vacancy period; and
50 . entering into a contract on or after May 10, 2011, that contains an automatic
51 renewal provision with a manager, a chief executive officer, a chief
52 administrative officer, or a similar position;
53 . prohibits a local school board from:
54 . appointing a superintendent during an interim vacancy period; and
55 . entering into a contract on or after May 10, 2011, that contains an automatic
56 renewal provision with a superintendent; and
57 . makes technical corrections.
58 Money Appropriated in this Bill:
59 None
60 Other Special Clauses:
61 None
62 Utah Code Sections Affected:
63 AMENDS:
64 10-3b-103, as enacted by Laws of Utah 2008, Chapter 19
65 10-3b-202, as enacted by Laws of Utah 2008, Chapter 19
66 10-3b-303, as enacted by Laws of Utah 2008, Chapter 19
67 10-3b-403, as enacted by Laws of Utah 2008, Chapter 19
68 10-3b-503, as enacted by Laws of Utah 2008, Chapter 19
69 17-52-505, as renumbered and amended by Laws of Utah 2000, Chapter 133
70 17-53-302, as last amended by Laws of Utah 2001, Chapters 199 and 241
71 17-53-317, as enacted by Laws of Utah 2001, Chapter 241
72 17B-1-301, as renumbered and amended by Laws of Utah 2007, Chapter 329
73 17D-1-106, as last amended by Laws of Utah 2009, Chapters 181 and 356
74 53A-3-301, as last amended by Laws of Utah 2003, Chapters 231 and 315
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76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 10-3b-103 is amended to read:
78 10-3b-103. Forms of municipal government -- Form of government for towns --
79 Former council-manager form.
80 (1) A municipality operating on May 4, 2008, under the council-mayor form of
81 government:
82 (a) shall, on and after May 5, 2008:
83 (i) operate under a council-mayor form of government, as defined in Section
84 10-3b-102 ; and
85 (ii) be subject to:
86 (A) this part;
87 (B) Part 2, Council-mayor Form of Municipal Government;
88 (C) Part 5, Changing to Another Form of Municipal Government; and
89 (D) except as provided in Subsection (1)(b), other applicable provisions of this title;
90 and
91 (b) is not subject to:
92 (i) Part 3, Six-member Council Form of Municipal Government; or
93 (ii) Part 4, Five-member Council Form of Municipal Government.
94 (2) A municipality operating on May 4, 2008 under a form of government known under
95 the law then in effect as the six-member council form:
96 (a) shall, on and after May 5, 2008, and whether or not the council has adopted an
97 ordinance appointing a manager for the municipality:
98 (i) operate under a six-member council form of government, as defined in Section
99 10-3b-102 ;
100 (ii) be subject to:
101 (A) this part;
102 (B) Part 3, Six-member Council Form of Municipal Government;
103 (C) Part 5, Changing to Another Form of Municipal Government; and
104 (D) except as provided in Subsection (2)(b), other applicable provisions of this title;
105 and
106 (b) is not subject to:
107 (i) Part 2, Council-mayor Form of Municipal Government; or
108 (ii) Part 4, Five-member Council Form of Municipal Government.
109 (3) A municipality operating on May 4, 2008, under a form of government known
110 under the law then in effect as the five-member council form:
111 (a) shall, on and after May 5, 2008:
112 (i) operate under a five-member council form of government, as defined in Section
113 10-3b-102 ;
114 (ii) be subject to:
115 (A) this part;
116 (B) Part 4, Five-member Council Form of Municipal Government;
117 (C) Part 5, Changing to Another Form of Municipal Government; and
118 (D) except as provided in Subsection (3)(b), other applicable provisions of this title;
119 and
120 (b) is not subject to:
121 (i) Part 2, Council-mayor Form of Municipal Government; or
122 (ii) Part 3, Six-member Council Form of Municipal Government.
123 (4) Subject to Subsection (5), each municipality incorporated on or after May 5, 2008,
124 shall operate under:
125 (a) the council-mayor form of government, with a five-member council;
126 (b) the council-mayor form of government, with a seven-member council;
127 (c) the six-member council form of government; or
128 (d) the five-member council form of government.
129 (5) Each town shall operate under a five-member council form of government unless:
130 (a) before May 5, 2008, the town has changed to another form of municipal
131 government; or
132 (b) on or after May 5, 2008, the town changes its form of government as provided in
133 Part 5, Changing to Another Form of Municipal Government.
134 (6) (a) As used in this Subsection (6), "council-manager form of government" means
135 the form of municipal government:
136 (i) provided for in Laws of Utah 1977, Chapter 48;
137 (ii) that cannot be adopted without voter approval; and
138 (iii) that provides for, subject to Subsections (7) and (8), an appointed manager with
139 duties and responsibilities established in Laws of Utah 1977, Chapter 48.
140 (b) A municipality operating on May 4, 2008, under the council-manager form of
141 government:
142 (i) shall:
143 (A) continue to operate, on and after May 5, 2008, under the council-manager form of
144 government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and
145 (B) be subject to:
146 (I) this Subsection (6) and other applicable provisions of this part;
147 (II) Part 5, Changing to Another Form of Municipal Government; and
148 (III) except as provided in Subsection (6)(b)(ii), other applicable provisions of this
149 title; and
150 (ii) is not subject to:
151 (A) Part 2, Council-mayor Form of Municipal Government;
152 (B) Part 3, Six-member Council Form of Municipal Government; or
153 (C) Part 4, Five-member Council Form of Municipal Government.
154 (7) (a) As used in this Subsection (7), "interim vacancy period" means the period of
155 time that:
156 (i) begins on the day on which a municipal general election described in Section
157 10-3-201 is held to elect a council member; and
158 (ii) ends on the day on which the council member-elect begins the council member's
159 term.
160 (b) (i) The council may not appoint a manager during an interim vacancy period.
161 (ii) Notwithstanding Subsection (7)(b)(i):
162 (A) the council may appoint an interim manager during an interim vacancy period; and
163 (B) the interim manager's term shall expire once a new manager is appointed by the
164 new administration after the interim vacancy period has ended.
165 (c) Subsection (7)(b) does not apply if all the council members who held office on the
166 day of the municipal general election whose term of office was vacant for the election are
167 re-elected to the council for the following term.
168 (8) A council that appoints a manager in accordance with this section may not, on or
169 after May 10, 2011, enter into an employment contract that contains an automatic renewal
170 provision with the manager.
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172 operating under any form of municipal government from changing to another form of
173 government as provided in Part 5, Changing to Another Form of Municipal Government.
174 Section 2. Section 10-3b-202 is amended to read:
175 10-3b-202. Mayor in council-mayor form of government.
176 (1) The mayor in a municipality operating under the council-mayor form of
177 government:
178 (a) is the chief executive and administrative officer of the municipality;
179 (b) exercises the executive and administrative powers and performs or supervises the
180 performance of the executive and administrative duties and functions of the municipality;
181 (c) shall:
182 (i) keep the peace and enforce the laws of the municipality;
183 (ii) execute the policies adopted by the council;
184 (iii) appoint, with the council's advice and consent, a qualified person for each of the
185 following positions:
186 (A) subject to Subsection (3), chief administrative officer, if required under the
187 resolution or petition under Subsection 10-3b-503 (1)(a) that proposed the change to a
188 council-mayor form of government;
189 (B) recorder;
190 (C) treasurer;
191 (D) engineer; and
192 (E) attorney;
193 (iv) provide to the council, at intervals provided by ordinance, a written report to the
194 council setting forth:
195 (A) the amount of budget appropriations;
196 (B) total disbursements from the appropriations;
197 (C) the amount of indebtedness incurred or contracted against each appropriation,
198 including disbursements and indebtedness incurred and not paid; and
199 (D) the percentage of the appropriations encumbered;
200 (v) report to the council the condition and needs of the municipality;
201 (vi) report to the council any release granted under Subsection (1)(d)(xiii);
202 (vii) if the mayor remits a fine or forfeiture under Subsection (1)(d)(xi), report the
203 remittance to the council at the council's next meeting after the remittance;
204 (viii) perform each other duty:
205 (A) prescribed by statute; or
206 (B) required by a municipal ordinance that is not inconsistent with statute;
207 (d) may:
208 (i) subject to budget constraints:
209 (A) appoint:
210 (I) subject to Subsections (3)(b) and (4), a chief administrative officer; and
211 (II) one or more deputies or administrative assistants to the mayor; and
212 (B) (I) create any other administrative office that the mayor considers necessary for
213 good government of the municipality; and
214 (II) appoint a person to the office;
215 (ii) with the council's advice and consent and except as otherwise specifically limited
216 by statute, appoint:
217 (A) each department head of the municipality;
218 (B) each statutory officer of the municipality; and
219 (C) each member of a statutory commission, board, or committee of the municipality;
220 (iii) dismiss any person appointed by the mayor;
221 (iv) as provided in Section 10-3b-204 , veto an ordinance, tax levy, or appropriation
222 passed by the council;
223 (v) exercise control of and supervise each executive or administrative department,
224 division, or office of the municipality;
225 (vi) within the general provisions of statute and ordinance, regulate and prescribe the
226 powers and duties of each other executive or administrative officer or employee of the
227 municipality;
228 (vii) attend each council meeting, take part in council meeting discussions, and freely
229 give advice to the council;
230 (viii) appoint a budget officer to serve in place of the mayor to comply with and fulfill
231 in all other respects the requirements of, as the case may be:
232 (A) Chapter 5, Uniform Fiscal Procedures Act for Utah Towns; or
233 (B) Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
234 (ix) execute an agreement on behalf of the municipality, or delegate, by written
235 executive order, the authority to execute an agreement on behalf of the municipality:
236 (A) if the obligation under the agreement is within certified budget appropriations; and
237 (B) subject to Section 10-6-138 ;
238 (x) at any reasonable time, examine and inspect the official books, papers, records, or
239 documents of:
240 (A) the municipality; or
241 (B) any officer, employee, or agent of the municipality;
242 (xi) remit fines and forfeitures;
243 (xii) if necessary, call on residents of the municipality over the age of 21 years to assist
244 in enforcing the laws of the state and ordinances of the municipality; and
245 (xiii) release a person imprisoned for a violation of a municipal ordinance; and
246 (e) may not vote on any matter before the council.
247 (2) (a) The first mayor elected under a newly established mayor-council form of
248 government shall, within six months after taking office, draft and submit to the council a
249 proposed ordinance:
250 (i) providing for the division of the municipality's administrative service into
251 departments, divisions, and bureaus; and
252 (ii) defining the functions and duties of each department, division, and bureau.
253 (b) Before the council adopts an ordinance on the municipality's administrative service,
254 the mayor may establish temporary rules and regulations to ensure efficiency and effectiveness
255 in the divisions of the municipal government.
256 (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
257 time that:
258 (i) begins on the day on which a municipal general election described in Section
259 10-3-201 is held to elect a mayor; and
260 (ii) ends on the day on which the mayor-elect begins the mayor's term.
261 [
262 (1)(c)(iii)(A) shall be appointed on the basis of:
263 [
264 and
265 [
266 (c) (i) The mayor may not appoint a chief administrative officer during an interim
267 vacancy period.
268 (ii) Notwithstanding Subsection (3)(c)(i):
269 (A) the mayor may appoint an interim chief administrative officer during an interim
270 vacancy period; and
271 (B) the interim chief administrative officer's term shall expire once a new chief
272 administrative officer is appointed by the new mayor after the interim vacancy period has
273 ended.
274 (d) Subsection (3)(c) does not apply if the mayor who holds office on the day of the
275 municipal general election is re-elected to the mayor's office for the following term.
276 (4) A mayor who appoints a chief administrative officer in accordance with this section
277 may not, on or after May 10, 2011, enter into an employment contract that contains an
278 automatic renewal provision with the chief administrative officer.
279 Section 3. Section 10-3b-303 is amended to read:
280 10-3b-303. Council in six-member council form of government.
281 (1) The council in a municipality operating under a six-member council form of
282 government:
283 (a) exercises any executive or administrative power and performs or supervises the
284 performance of any executive or administrative duty or function that:
285 (i) has not been given to the mayor under Section 10-3b-104 ; or
286 (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
287 mayor under Subsection (1)(b)(i)(A);
288 (b) may:
289 (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
290 (A) removing from the mayor any power, duty, or function of the mayor under Section
291 10-3b-104 ; or
292 (B) reinstating to the mayor any power, duty, or function previously removed under
293 Subsection (1)(b)(i)(A);
294 (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
295 duty, or function that the council has under Subsection (1)(a);
296 (iii) subject to Subsection 10-3b-302 (1)(b)(ii)(A):
297 (A) appoint, subject to Subsections (3) and (4), a manager to perform executive and
298 administrative duties or functions that the council by ordinance delegates to the manager,
299 subject to Subsection (1)(c); and
300 (B) dismiss a manager appointed under Subsection (1)(b)(iii)(A); and
301 (iv) assign any or all council members, including the mayor, to supervise one or more
302 administrative departments of the municipality; and
303 (c) may not remove from the mayor or delegate to a manager appointed by the council:
304 (i) any of the mayor's legislative or judicial powers or ceremonial functions;
305 (ii) the mayor's position as chair of the council; or
306 (iii) any ex officio position that the mayor holds.
307 (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
308 the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative
309 vote of:
310 (a) the mayor and a majority of all other council members; or
311 (b) all council members except the mayor.
312 (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
313 time that:
314 (i) begins on the day on which a municipal general election described in Section
315 10-3-201 is held to elect a council member; and
316 (ii) ends on the day on which the council member-elect begins the council member's
317 term.
318 (b) (i) The council may not appoint a manager during an interim vacancy period.
319 (ii) Notwithstanding Subsection (3)(b)(i):
320 (A) the council may appoint an interim manager during an interim vacancy period; and
321 (B) the interim manager's term shall expire once a new manager is appointed by the
322 new administration after the interim vacancy period has ended.
323 (c) Subsection (3)(b) does not apply if all the council members who held office on the
324 day of the municipal general election whose term of office was vacant for the election are
325 re-elected to the council for the following term.
326 (4) A council that appoints a manager in accordance with this section may not, on or
327 after May 10, 2011, enter into an employment contract that contains an automatic renewal
328 provision with the manager.
329 Section 4. Section 10-3b-403 is amended to read:
330 10-3b-403. Council in a five-member council form of government.
331 (1) The council in a municipality operating under a five-member council form of
332 municipal government:
333 (a) exercises any executive or administrative power and performs or supervises the
334 performance of any executive or administrative duty or function that:
335 (i) has not been given to the mayor under Section 10-3b-104 ; or
336 (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
337 mayor under Subsection (1)(b)(i)(A);
338 (b) may:
339 (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
340 (A) removing from the mayor any power, duty, or function of the mayor under Section
341 10-3b-104 ; and
342 (B) reinstating to the mayor any power, duty, or function previously removed under
343 Subsection (1)(b)(i)(A);
344 (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
345 duty, or function that the council has under Subsection (1)(a);
346 (iii) subject to Subsections (3) and (4), appoint a manager to perform executive and
347 administrative duties or functions that the council by ordinance delegates to the manager,
348 subject to Subsection (1)(c);
349 (iv) dismiss a manager appointed under Subsection (1)(b)(iii); and
350 (v) assign any or all council members, including the mayor, to supervise one or more
351 administrative departments of the municipality; and
352 (c) may not remove from the mayor or delegate to a manager appointed by the council:
353 (i) any of the mayor's legislative or judicial powers or ceremonial functions;
354 (ii) the mayor's position as chair of the council; or
355 (iii) any ex officio position that the mayor holds.
356 (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
357 the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative
358 vote of:
359 (a) the mayor and a majority of all other council members; or
360 (b) all council members except the mayor.
361 (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
362 time that:
363 (i) begins on the day on which a municipal general election described in Section
364 10-3-201 is held to elect a council member; and
365 (ii) ends on the day on which the council member-elect begins the council member's
366 term.
367 (b) (i) The council may not appoint a manager during an interim vacancy period.
368 (ii) Notwithstanding Subsection (3)(b)(i):
369 (A) the council may appoint an interim manager during an interim vacancy period; and
370 (B) the interim manager's term shall expire once a new manager is appointed by the
371 new administration after the interim vacancy period has ended.
372 (c) Subsection (3)(b) does not apply if all the council members who held office on the
373 day of the municipal general election whose term of office was vacant for the election are
374 re-elected to the council for the following term.
375 (4) A council that appoints a manager in accordance with this section may not, on or
376 after May 10, 2011, enter into an employment contract that contains an automatic renewal
377 provision with the manager.
378 Section 5. Section 10-3b-503 is amended to read:
379 10-3b-503. Resolution or petition proposing a change in the form of government.
380 (1) The process to change the form of government under which a municipality operates
381 is initiated by:
382 (a) the council's adoption of a resolution proposing a change; or
383 (b) the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives
384 - Procedures, proposing a change.
385 (2) Within 45 days after the adoption of a resolution under Subsection (1)(a) or the
386 declaring of a petition filed under Subsection (1)(b) as sufficient under Section 20A-7-507 , the
387 council shall hold at least two public hearings on the proposed change.
388 (3) (a) Except as provided in Subsection (3)(b), the council shall hold an election on
389 the proposed change in the form of government at the next municipal general election or
390 regular general election that is more than 75 days after, as the case may be:
391 (i) a resolution under Subsection (1)(a) is adopted; or
392 (ii) a petition filed under Subsection (1)(b) is declared sufficient under Section
393 20A-7-507 .
394 (b) Notwithstanding Subsection (3)(a), an election on a proposed change in the form of
395 government may not be held if:
396 (i) in the case of a proposed change initiated by the council's adoption of a resolution
397 under Subsection (1)(a), the council rescinds the resolution within 60 days after adopting it; or
398 (ii) in the case of a proposed change initiated by a petition under Subsection (1)(b),
399 enough signatures are withdrawn from the petition within 60 days after the petition is declared
400 sufficient under Section 20A-7-507 that the petition is no longer sufficient.
401 (4) Each resolution adopted under Subsection (1)(a) or petition filed under Subsection
402 (1)(b) shall:
403 (a) state the method of election and initial terms of council members; and
404 (b) specify the boundaries of districts substantially equal in population, if some or all
405 council members are to be elected by district.
406 (5) A resolution under Subsection (1)(a) or petition under Subsection (1)(b) proposing
407 a change to a council-mayor form of government may require that, if the change is adopted, the
408 mayor appoint, with the council's advice and consent and subject to Section 10-3b-202 , a chief
409 administrative officer, to exercise the administrative powers and perform the duties that the
410 mayor prescribes.
411 Section 6. Section 17-52-505 is amended to read:
412 17-52-505. Council-manager form of county government.
413 (1) (a) A county operating under the form of government known as the
414 "council-manager" form shall be governed by an elected county council, a county manager
415 appointed by the council, and such other officers and employees as are authorized by law.
416 (b) The optional plan shall provide for the qualifications, time and manner of
417 appointment[
418 the county manager.
419 (2) The county manager shall be the administrative head of the county government and
420 shall have the powers, functions, and duties of a county executive, except:
421 (a) as the county legislative body otherwise provides by ordinance; and
422 (b) that the county manager may not veto any ordinances enacted by the council.
423 (3) (a) No member of the council shall directly or indirectly, by suggestion or
424 otherwise, attempt to influence or coerce the manager in the making of any appointment or
425 removal of any officer or employee or in the purchase of supplies, attempt to exact any promise
426 relative to any appointment from any candidate for manager, or discuss directly or indirectly
427 with him the matter of specific appointments to any county office or employment. [
428
429 (b) (i) A person who violates the provisions of this Subsection (3) shall forfeit the
430 office of the offending member of the council.
431 (ii) Nothing in this section shall be construed, however, as prohibiting the council
432 while in open session from fully and freely discussing with or suggesting to the manager
433 anything pertaining to county affairs or the interests of the county.
434 (iii) Neither manager nor any person in the employ of the county shall take part in
435 securing, or contributing any money toward, the nomination or election of any candidate for a
436 county office.
437 (iv) The optional plan may provide procedures for implementing this Subsection (3).
438 (4) In the council-manager form of county government, the legislative powers of the
439 county shall be vested in the county council, and the executive powers of the county shall be
440 vested in the county manager.
441 (5) A reference in statute or state rule to the "governing body" or the "board of county
442 commissioners" of the county, in the council-manager form of county government, means:
443 (a) the county council, with respect to legislative functions, duties, and powers; and
444 (b) the county manager, with respect to executive functions, duties, and powers.
445 (6) (a) As used in this Subsection (6), "interim vacancy period" means the period of
446 time that:
447 (i) begins on the day on which a general election described in Section 17-16-6 is held
448 to elect a council member; and
449 (ii) ends on the day on which the council member-elect begins the council member's
450 term.
451 (b) (i) The county council may not appoint a county manager during an interim vacancy
452 period.
453 (ii) Notwithstanding Subsection (6)(b)(i):
454 (A) the county council may appoint an interim county manager during an interim
455 vacancy period; and
456 (B) the interim county manager's term shall expire once a new county manager is
457 appointed by the new administration after the interim vacancy period has ended.
458 (c) Subsection (6)(b) does not apply if all the county council members who held office
459 on the day of the county general election whose term of office was vacant for the election are
460 re-elected to the council for the following term.
461 (7) A county council that appoints a county manager in accordance with this section
462 may not, on or after May 10, 2011, enter into an employment contract that contains an
463 automatic renewal provision with the county manager.
464 Section 7. Section 17-53-302 is amended to read:
465 17-53-302. County executive duties.
466 Each county executive shall:
467 (1) exercise supervisory control over all functions of the executive branch of county
468 government;
469 (2) direct and organize the management of the county in a manner consistent with state
470 law, county ordinance, and the county's optional plan of county government;
471 (3) carry out programs and policies established by the county legislative body;
472 (4) faithfully ensure compliance with all applicable laws and county ordinances;
473 (5) exercise supervisory and coordinating control over all departments of county
474 government;
475 (6) except as otherwise vested in the county legislative body by state law or by the
476 optional plan of county government, and subject to Section 17-53-317 , appoint, suspend, and
477 remove the directors of all county departments and all appointive officers of boards and
478 commissions;
479 (7) except as otherwise delegated by statute to another county officer, exercise
480 administrative and auditing control over all funds and assets, tangible and intangible, of the
481 county;
482 (8) except as otherwise delegated by statute to another county officer, supervise and
483 direct centralized budgeting, accounting, personnel management, purchasing, and other service
484 functions of the county;
485 (9) conduct planning studies and make recommendations to the county legislative body
486 relating to financial, administrative, procedural, and operational plans, programs, and
487 improvements in county government;
488 (10) maintain a continuing review of expenditures and of the effectiveness of
489 departmental budgetary controls;
490 (11) develop systems and procedures, not inconsistent with statute, for planning,
491 programming, budgeting, and accounting for all activities of the county;
492 (12) if the county executive is an elected county executive, exercise a power of veto
493 over ordinances enacted by the county legislative body, including an item veto upon budget
494 appropriations, in the manner provided by the optional plan of county government;
495 (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
496 provided by statute;
497 (14) perform all other functions and duties required of the executive by state law,
498 county ordinance, and the optional plan of county government; and
499 (15) sign on behalf of the county all deeds that convey county property.
500 Section 8. Section 17-53-317 is amended to read:
501 17-53-317. Executive appointment with advice and consent of county legislative
502 body.
503 (1) The appointment of a person to fill a position on a board, committee, or similar
504 body whose membership is appointed by the county shall be by the county executive, with the
505 advice and consent of the county legislative body.
506 (2) (a) As used in this Subsection (2), "interim vacancy period" means:
507 (i) for a county commission form or expanded county commission form of
508 government, the period of time that:
509 (A) begins on the day on which a general election described in Section 17-16-6 is held
510 to elect a commission member; and
511 (B) ends on the day on which the commission member-elect begins the council
512 member's term; or
513 (ii) for a county executive-council form of government, the period of time that:
514 (A) begins on the day on which a general election described in Section 17-16-6 is held
515 to elect a county executive; and
516 (B) ends on the day on which the county executive-elect begins the county executive's
517 term.
518 (b) (i) A county commission in a county commission form of government, or a county
519 commission in an expanded county commission form of government, may not appoint during
520 an interim period vacancy a manager, a chief executive officer, a chief administrative officer,
521 or a similar position to perform executive and administrative duties or functions.
522 (ii) Notwithstanding Subsection (2)(b)(i):
523 (A) a county commission in a county commission form of government, or a county
524 commission in an expanded county commission form of government, may appoint an interim
525 manager, a chief executive officer, a chief administrative officer, or a similar position during an
526 interim vacancy period; and
527 (B) the interim appointee's term shall expire once a new manager, a chief executive
528 officer, a chief administrative officer, or a similar position is appointed by the new
529 administration after the interim vacancy period has ended.
530 (c) Subsection (2)(b) does not apply if all the county commission members who held
531 office on the day of the county general election whose term of office was vacant for the
532 election are re-elected to the county commission for the following term.
533 (d) (i) A county executive in a county executive-council form of government may not
534 appoint during an interim vacancy period a manager, a chief executive officer, a chief
535 administrative officer, or a similar position to perform executive and administrative duties or
536 functions.
537 (ii) Notwithstanding Subsection (2)(d)(i):
538 (A) a county executive in a county executive-council form of government may appoint
539 an interim manager, a chief executive officer, a chief administrative officer, or a similar
540 position during an interim vacancy period; and
541 (B) the interim appointee's term shall expire once a new manager, a chief executive
542 officer, a chief administrative officer, or a similar position is appointed by the new county
543 executive after the interim vacancy period has ended.
544 (e) Subsection (2)(d) does not apply if the county executive who held office on the day
545 of the county general election is re-elected to the office of county executive for the following
546 term.
547 (3) A county commission in a county commission form of government, a county
548 commission in an expanded county commission form of government, or a county executive in a
549 county executive-council form of government that appoints a manager, a chief executive
550 officer, a chief administrative officer, or a similar position in accordance with this section may
551 not, on or after May 10, 2011, enter into an employment contract that contains an automatic
552 renewal provision with the manager, chief executive officer, chief administrative officer, or
553 similar position.
554 Section 9. Section 17B-1-301 is amended to read:
555 17B-1-301. Board of trustees duties and powers.
556 (1) (a) Each local district shall be governed by a board of trustees which shall manage
557 and conduct the business and affairs of the district and shall determine all questions of district
558 policy.
559 (b) All powers of a local district are exercised through the board of trustees.
560 (2) The board of trustees may:
561 (a) fix the location of the local district's principal place of business and the location of
562 all offices and departments, if any;
563 (b) fix the times of meetings of the board of trustees;
564 (c) select and use an official district seal;
565 (d) subject to Subsections (3) and (4), employ employees and agents, or delegate to
566 district officers power to employ employees and agents, for the operation of the local district
567 and its properties and prescribe or delegate to district officers the power to prescribe the duties,
568 compensation, and terms and conditions of employment of those employees and agents;
569 (e) require district officers and employees charged with the handling of district funds to
570 provide surety bonds in an amount set by the board or provide a blanket surety bond to cover
571 officers and employees;
572 (f) contract for or employ professionals to perform work or services for the local
573 district that cannot satisfactorily be performed by the officers or employees of the district;
574 (g) through counsel, prosecute on behalf of or defend the local district in all court
575 actions or other proceedings in which the district is a party or is otherwise involved;
576 (h) adopt bylaws for the orderly functioning of the board;
577 (i) adopt and enforce rules and regulations for the orderly operation of the local district
578 or for carrying out the district's purposes;
579 (j) prescribe a system of civil service for district employees;
580 (k) on behalf of the local district, enter into contracts that the board considers to be for
581 the benefit of the district;
582 (l) acquire, construct or cause to be constructed, operate, occupy, control, and use
583 buildings, works, or other facilities for carrying out the purposes of the local district;
584 (m) on behalf of the local district, acquire, use, hold, manage, occupy, and possess
585 property necessary to carry out the purposes of the district, dispose of property when the board
586 considers it appropriate, and institute and maintain in the name of the district any action or
587 proceeding to enforce, maintain, protect, or preserve rights or privileges associated with district
588 property;
589 (n) delegate to a district officer the exercise of a district duty; and
590 (o) exercise all powers and perform all functions in the operation of the local district
591 and its properties as are ordinarily exercised by the governing body of a political subdivision of
592 the state and as are necessary to accomplish the purposes of the district.
593 (3) (a) As used in this Subsection (3), "interim vacancy period" means:
594 (i) if any member of the local district board is elected, the period of time that:
595 (A) begins on the day on which a municipal general election described in Section
596 17B-1-306 is held to elect a local district board member; and
597 (B) ends on the day on which the local district board member-elect begins the
598 member's term; or
599 (ii) if any member of the local district board is appointed, the period of time that:
600 (A) begins on the day on which an appointing authority posts a notice of vacancy in
601 accordance with Section 17B-1-304 ; and
602 (B) ends on the day on which the person who is appointed by the local district board to
603 fill the vacancy begins the person's term.
604 (b) (i) The local district may not hire during an interim vacancy period a manager, a
605 chief executive officer, a chief administrative officer, or a similar position to perform executive
606 and administrative duties or functions.
607 (ii) Notwithstanding Subsection (3)(b)(i):
608 (A) the local district may hire an interim manager, a chief executive officer, a chief
609 administrative officer, or a similar position during an interim vacancy period; and
610 (B) the interim manager's, chief executive officer's, chief administrative officer's, or
611 similar position's employment shall terminate once a new manager, chief executive officer,
612 chief administrative officer, or similar position is hired by the new local district board after the
613 interim vacancy period has ended.
614 (c) Subsection (3)(b) does not apply if:
615 (i) all the elected local district board members who held office on the day of the
616 municipal general election whose term of office was vacant for the election are re-elected to the
617 local district board; and
618 (ii) all the appointed local district board members who were appointed whose term of
619 appointment was expiring are re-appointed to the local district board.
620 (4) A local district board that hires an interim manager, a chief executive officer, a
621 chief administrative officer, or a similar position in accordance with this section may not, on or
622 after May 10, 2011, enter into an employment contract that contains an automatic renewal
623 provision with the interim manager, chief executive officer, chief administrative officer, or
624 similar position.
625 Section 10. Section 17D-1-106 is amended to read:
626 17D-1-106. Special service districts subject to other provisions.
627 (1) A special service district is, to the same extent as if it were a local district, subject
628 to and governed by:
629 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , 17B-1-109 , 17B-1-110 , 17B-1-111 ,
630 17B-1-112 , 17B-1-113 , 17B-1-116 , and 17B-1-118 ;
631 (b) Subsections 17B-1-301 (3) and (4), Sections 17B-1-304 , 17B-1-305 , 17B-1-306 ,
632 17B-1-307 , 17B-1-310 , 17B-1-312 , and 17B-1-313 ;
633 (c) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
634 (d) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
635 (e) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
636 (f) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
637 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
638 district, each reference in those provisions to the local district board of trustees means the
639 governing body.
640 Section 11. Section 53A-3-301 is amended to read:
641 53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
642 Compensation.
643 (1) [
644 superintendent of schools who serves as the board's chief executive officer.
645 (2) (a) The local school board shall appoint the superintendent on the basis of
646 outstanding professional qualifications.
647 (b) (i) The superintendent's term of office is for two years and until, subject to
648 Subsection (7), a successor is appointed and qualified.
649 (ii) A local school board that appoints a superintendent in accordance with this section
650 may not, on or after May 10, 2011, enter into an employment contract that contains an
651 automatic renewal provision with the superintendent.
652 (3) [
653 (7), if it becomes necessary to appoint an interim superintendent due to a vacancy in the office
654 of superintendent, then the local school board shall make an appointment during a public
655 meeting for an indefinite term not to exceed one year, which term shall end upon the
656 appointment and qualification of a new superintendent.
657 (4) (a) The superintendent shall hold an administrative/supervisory license issued by
658 the State Board of Education, except as otherwise provided in Subsection (4)(b).
659 (b) A local school board [
660 may grant, a letter of authorization permitting a person with outstanding professional
661 qualifications to serve as superintendent without holding an administrative/supervisory license.
662 (5) The local school board shall set the superintendent's compensation for services.
663 (6) The superintendent qualifies for office by taking the constitutional oath of office.
664 (7) (a) As used in this Subsection (7), "interim vacancy period" means the period of
665 time that:
666 (i) begins on the day on which a general election described in Section 20A-1-202 is
667 held to elect a member of a local school board; and
668 (ii) ends on the day on which the member-elect begins the member's term.
669 (b) (i) The local school board may not appoint a superintendent during an interim
670 vacancy period.
671 (ii) Notwithstanding Subsection (7)(b)(i):
672 (A) the local school board may appoint an interim superintendent during an interim
673 vacancy period; and
674 (B) the interim superintendent's term shall expire once a new superintendent is
675 appointed by the new local school board after the interim vacancy period has ended.
676 (c) Subsection (7)(b) does not apply if all the local school board members who held
677 office on the day of the general election whose term of office was vacant for the election are
678 re-elected to the local school board for the following term.
Legislative Review Note
as of 2-11-11 10:57 AM