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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to filling a vacancy in a municipal off
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies notice requirements;
14 ▸ modifies the procedure for filling vacancies in certain circumstances;
15 ▸ authorizes a member of a municipal legislative body whose resignation creates a
16 vacancy in the municipal legislative body to, with certain exceptions, vote for the
17 member's replacement;
18 ▸ prohibits a member of a legislative body from rescinding a resignation;
19 ▸ prohibits a member of a legislative body from voting for oneself to fill a vacancy in
20 the municipal legislative body; and
21 ▸ makes conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 10-3-507, as last amended by Laws of Utah 2014, Chapter 338
29 20A-1-510, as last amended by Laws of Utah 2017, Chapter 91
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 10-3-507 is amended to read:
33 10-3-507. Minimum vote required.
34 (1) The minimum number of yes votes required to pass any ordinance or resolution, or
35 to take any action by the council, unless otherwise prescribed by law, is a majority of the voting
36 members of the council, regardless of absence or vacancy.
37 (2) (a) Any ordinance, resolution, or motion of the council having fewer favorable
38 votes than required in this section is defeated and invalid.
39 (b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a
40 specific time by a majority vote of the council even though the majority vote is less than that
41 required in this section.
42 (3) If a vacancy exists in one or more council seats, a majority of the council members
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44 provided under Section 20A-1-510.
45 Section 2. Section 20A-1-510 is amended to read:
46 20A-1-510. Midterm vacancies in municipal offices.
47 (1) (a) As used in this section:
48 (i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
49 in Section 20A-1-102.
50 (ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
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52 occurs in the office of municipal executive or member of a municipal legislative body, the
53 municipal legislative body shall, within 30 calendar days after the day on which the vacancy
54 occurs, appoint a registered voter in the municipality who meets the qualifications for office
55 described in Section 10-3-301 to fill the unexpired term of the vacated office.
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57 (c) Before acting to fill the vacancy, the municipal legislative body shall:
58 (i) give public notice of the vacancy at least [
59 day on which the municipal legislative body meets to fill the vacancy;
60 (ii) identify, in the notice:
61 (A) the date, time, and place of the meeting where the vacancy will be filled;
62 (B) the person to whom an individual interested in being appointed to fill the vacancy
63 may submit the interested individual's name for consideration; and
64 (C) the deadline for submitting an interested individual's name; and
65 (iii) in an open meeting, interview each individual whose name is submitted for
66 consideration, and who meets the qualifications for office, regarding the individual's
67 qualifications.
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76 (d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
77 among the names of the candidates interviewed under Subsection (1)(c)(iii).
78 (ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
79 initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
80 the initial vote, as determined by the tie-breaking procedures described in Subsections
81 (1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
82 a second vote to fill the vacancy.
83 (B) If the initial vote results in a tie for second place, the candidates tied for second
84 place shall be reduced to one by a coin toss conducted in accordance with Subsection
85 (1)(d)(ii)(D), and the second vote described in Subsection (2)(d)(ii)(A) shall be between the
86 candidate that received the most votes in the initial vote and the candidate that wins the coin
87 toss described in this Subsection (1)(d)(ii)(B).
88 (C) If the initial vote results in a tie among three or more candidates for first place, the
89 candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
90 with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
91 be between the two candidates that remain after the coin toss described in this Subsection
92 (1)(d)(ii)(C).
93 (D) A coin toss required under this Subsection (1)(d) shall be conducted by the
94 municipal clerk or recorder in the presence of the municipal legislative body.
95 (iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
96 receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
97 coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
98 (e) If the municipal legislative body does not timely comply with Subsections (1)(b)
99 through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
100 (f) After receiving notice that a municipal legislative body has failed to timely comply
101 with Subsections (1)(b) through (d), the lieutenant governor shall:
102 (i) notify the municipal legislative body of the violation; and
103 (ii) direct the municipal legislative body to, within 30 calendar days after the day on
104 which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
105 an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
106 (g) If the municipality fails to timely comply with a directive described in Subsection
107 (1)(f):
108 (i) the lieutenant governor shall notify the governor of the municipality's failure to fill
109 the vacancy; and
110 (ii) the governor shall, within 45 days after the day on which the governor receives the
111 notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
112 vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
113 (2) (a) A vacancy in the office of municipal executive or member of a municipal
114 legislative body shall be filled by an interim appointment, followed by an election to fill a
115 two-year term, if:
116 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
117 at least 14 days before the deadline for filing for election in an odd-numbered year; and
118 (ii) two years of the vacated term will remain after the first Monday of January
119 following the next municipal election.
120 (b) In appointing an interim replacement, the municipal legislative body shall:
121 (i) comply with the notice requirements of this section; and
122 (ii) in an open meeting, interview each individual whose name is submitted for
123 consideration, and who meets the qualifications for office, regarding the individual's
124 qualifications.
125 (3) (a) In a municipality operating under the council-mayor form of government, as
126 defined in Section 10-3b-102:
127 (i) the council may appoint an individual to fill a vacancy in the office of mayor before
128 the effective date of the mayor's resignation by making the effective date of the appointment
129 the same as the effective date of the mayor's resignation; and
130 (ii) if a vacancy in the office of mayor occurs before the effective date of an
131 appointment under Subsection (1) or (2) to fill the vacancy, the [
132 council members, by majority vote, shall appoint a council member to serve as acting mayor
133 during the time between the creation of the vacancy and the effective date of the appointment
134 to fill the vacancy.
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137 (i) act as a council member; and
138 (ii) vote at council meetings.
139 (4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
140 this section, the municipal legislative body member whose resignation creates the vacancy on
141 the municipal legislative body may:
142 (A) interview an individual whose name is submitted for consideration under
143 Subsection (1)(c)(iii) or (2)(b)(ii); and
144 (B) vote on the appointment of an individual to fill the vacancy.
145 (ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
146 removed from office in accordance with state law may not cast a vote under Subsection
147 (4)(a)(i).
148 (b) A member of a municipal legislative body who submits his or her resignation to the
149 municipal legislative body may not rescind the resignation.
150 (c) A member of a municipal legislative body may not vote on an appointment under
151 this section for himself or herself to fill a vacancy in the municipal legislative body.
152 (5) In a municipality operating under the six-member council form of government or
153 the council-manager form of government, defined in Subsection 10-3b-103(7), if the voting
154 members of the city council reach a tie vote on a matter of filling a vacancy, the mayor may
155 vote to break the tie.
156 (6) In a municipality operating under the council-mayor form of government, the
157 mayor may not:
158 (a) participate in the vote to fill a vacancy;
159 (b) veto a decision of the council to fill a vacancy; or
160 (c) vote in the case of a tie.
161 (7) A mayor whose resignation from the municipal legislative body is due to election
162 or appointment as mayor may, in the case of a tie, participate in the vote under this section.
163 (8) A municipal legislative body may, consistent with the provisions of state law, adopt
164 procedures governing the appointment, interview, and voting process for filling vacancies in
165 municipal offices.