1     
MUNICIPAL GOVERNMENT AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to forms of municipal government.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to a municipal six-member or five-member council vote
13     to remove or reinstate a power, duty, or function of the mayor.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          10-3b-104, as enacted by Laws of Utah 2008, Chapter 19
21          10-3b-303, as last amended by Laws of Utah 2011, Chapter 209
22          10-3b-403, as last amended by Laws of Utah 2011, Chapter 209
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 10-3b-104 is amended to read:
26          10-3b-104. Powers and duties of mayor in six-member council and five-member
27     council forms of government.

28          (1) Except as provided in Subsection (2), the mayor in a municipality operating under a
29     six-member council form of government or a five-member council form of government:
30          (a) is the chief executive officer of the municipality to whom all employees of the
31     municipality report;
32          (b) shall:
33          (i) keep the peace and enforce the laws of the municipality;
34          (ii) ensure that all applicable statutes and municipal ordinances and resolutions are
35     faithfully executed and observed;
36          (iii) if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report the
37     remittance to the council at the council's next meeting after the remittance;
38          (iv) perform all duties prescribed by statute or municipal ordinance or resolution;
39          (v) report to the council the condition and needs of the municipality; and
40          (vi) report to the council any release granted under Subsection (1)(c)(iv); and
41          (c) may:
42          (i) recommend for council consideration any measure that the mayor considers to be in
43     the best interests of the municipality;
44          (ii) remit fines and forfeitures;
45          (iii) if necessary, call on residents of the municipality over the age of 21 years to assist
46     in enforcing the laws of the state and ordinances of the municipality;
47          (iv) release a person imprisoned for a violation of a municipal ordinance;
48          (v) with the council's advice and consent:
49          (A) assign or appoint a member of the council to administer one or more departments
50     of the municipality; and
51          (B) appoint a person to fill:
52          (I) a municipal office; or
53          (II) a vacancy on a commission or committee of the municipality; and
54          (vi) at any reasonable time, examine and inspect the official books, papers, records, or
55     documents of:
56          (A) the municipality; or
57          (B) any officer, employee, or agency of the municipality.
58          (2) The powers and duties in Subsection (1) are subject to:

59          (a) municipal ordinances in effect on May 4, 2008 modifying the powers and duties of
60     the mayor; and
61          (b) the council's authority to limit or expand the mayor's powers and duties under:
62          (i) Subsection 10-3b-303(2)[(a)], for a municipality operating under the six-member
63     council form of government; and
64          (ii) Subsection 10-3b-403(2)[(a)], for a municipality operating under the five-member
65     council form of government.
66          Section 2. Section 10-3b-303 is amended to read:
67          10-3b-303. Council in six-member council form of government.
68          (1) The council in a municipality operating under a six-member council form of
69     government:
70          (a) exercises any executive or administrative power and performs or supervises the
71     performance of any executive or administrative duty or function that:
72          (i) has not been given to the mayor under Section 10-3b-104; or
73          (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
74     mayor under Subsection (1)(b)(i)(A);
75          (b) may:
76          (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
77          (A) removing from the mayor any power, duty, or function of the mayor under Section
78     10-3b-104; or
79          (B) reinstating to the mayor any power, duty, or function previously removed under
80     Subsection (1)(b)(i)(A);
81          (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
82     duty, or function that the council has under Subsection (1)(a);
83          (iii) subject to Subsection 10-3b-302(1)(b)(ii)(A):
84          (A) appoint, subject to Subsections (3) and (4), a manager to perform executive and
85     administrative duties or functions that the council by ordinance delegates to the manager,
86     subject to Subsection (1)(c); and
87          (B) dismiss a manager appointed under Subsection (1)(b)(iii)(A); and
88          (iv) assign any or all council members, including the mayor, to supervise one or more
89     administrative departments of the municipality; and

90          (c) may not remove from the mayor or delegate to a manager appointed by the council:
91          (i) any of the mayor's legislative or judicial powers or ceremonial functions;
92          (ii) the mayor's position as chair of the council; or
93          (iii) any ex officio position that the mayor holds.
94          (2) Adopting an ordinance under Subsection (1)(b)(i) [removing from or reinstating to
95     the mayor a power, duty, or function provided for in Section 10-3b-104] requires the
96     affirmative vote of[: (a) the mayor and a majority of all other] at least three-fourths of all
97     council members[; or].
98          [(b) all council members except the mayor.]
99          (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
100     time that:
101          (i) begins on the day on which a municipal general election described in Section
102     10-3-201 is held to elect a council member; and
103          (ii) ends on the day on which the council member-elect begins the council member's
104     term.
105          (b) (i) The council may not appoint a manager during an interim vacancy period.
106          (ii) Notwithstanding Subsection (3)(b)(i):
107          (A) the council may appoint an interim manager during an interim vacancy period; and
108          (B) the interim manager's term shall expire once a new manager is appointed by the
109     new administration after the interim vacancy period has ended.
110          (c) Subsection (3)(b) does not apply if all the council members who held office on the
111     day of the municipal general election whose term of office was vacant for the election are
112     re-elected to the council for the following term.
113          (4) A council that appoints a manager in accordance with this section may not, on or
114     after May 10, 2011, enter into an employment contract that contains an automatic renewal
115     provision with the manager.
116          Section 3. Section 10-3b-403 is amended to read:
117          10-3b-403. Council in a five-member council form of government.
118          (1) The council in a municipality operating under a five-member council form of
119     municipal government:
120          (a) exercises any executive or administrative power and performs or supervises the

121     performance of any executive or administrative duty or function that:
122          (i) has not been given to the mayor under Section 10-3b-104; or
123          (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
124     mayor under Subsection (1)(b)(i)(A);
125          (b) may:
126          (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
127          (A) removing from the mayor any power, duty, or function of the mayor under Section
128     10-3b-104; and
129          (B) reinstating to the mayor any power, duty, or function previously removed under
130     Subsection (1)(b)(i)(A);
131          (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
132     duty, or function that the council has under Subsection (1)(a);
133          (iii) subject to Subsections (3) and (4), appoint a manager to perform executive and
134     administrative duties or functions that the council by ordinance delegates to the manager,
135     subject to Subsection (1)(c);
136          (iv) dismiss a manager appointed under Subsection (1)(b)(iii); and
137          (v) assign any or all council members, including the mayor, to supervise one or more
138     administrative departments of the municipality; and
139          (c) may not remove from the mayor or delegate to a manager appointed by the council:
140          (i) any of the mayor's legislative or judicial powers or ceremonial functions;
141          (ii) the mayor's position as chair of the council; or
142          (iii) any ex officio position that the mayor holds.
143          (2) Adopting an ordinance under Subsection (1)(b)(i) [removing from or reinstating to
144     the mayor a power, duty, or function provided for in Section 10-3b-104] requires the
145     affirmative vote of[: (a) the mayor and a majority of all other] at least three-fourths of all
146     council members[; or].
147          [(b) all council members except the mayor.]
148          (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
149     time that:
150          (i) begins on the day on which a municipal general election described in Section
151     10-3-201 is held to elect a council member; and

152          (ii) ends on the day on which the council member-elect begins the council member's
153     term.
154          (b) (i) The council may not appoint a manager during an interim vacancy period.
155          (ii) Notwithstanding Subsection (3)(b)(i):
156          (A) the council may appoint an interim manager during an interim vacancy period; and
157          (B) the interim manager's term shall expire once a new manager is appointed by the
158     new administration after the interim vacancy period has ended.
159          (c) Subsection (3)(b) does not apply if all the council members who held office on the
160     day of the municipal general election whose term of office was vacant for the election are
161     re-elected to the council for the following term.
162          (4) A council that appoints a manager in accordance with this section may not, on or
163     after May 10, 2011, enter into an employment contract that contains an automatic renewal
164     provision with the manager.






Legislative Review Note
Office of Legislative Research and General Counsel