Representative Paul A. Cutler proposes the following substitute bill:


1     
LOCAL GOVERNMENT OFFICERS COMPENSATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Chris H. Wilson

5     
House Sponsor: Paul A. Cutler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to the compensation of certain county and
10     municipal officers.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a county legislative body or municipal governing body proposing a
14     compensation increase for specified officers to hold a public hearing on the
15     proposed increase and provide notice of the hearing; and
16          ▸     repeals language relating to compensation of municipal officers.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-3-818, as last amended by Laws of Utah 2023, Chapter 435
24          17-16-14, as last amended by Laws of Utah 1993, Chapter 227
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 10-3-818 is amended to read:
28          10-3-818. Salaries in municipalities -- Notice.
29          (1) The elective and statutory officers of municipalities shall receive [such] the
30     compensation for their services [as] that the governing body [may fix] fixes by ordinance
31     adopting compensation or compensation schedules enacted after public hearing.
32          (2) (a) As used in this Subsection (2):
33          (i) "Compensation" means:
34          (A) salary, including salary paid under a contract;
35          (B) a budgeted bonus or budgeted incentive pay;
36          (C) a vehicle allowance; and
37          (D) deferred salary.
38          (ii) "Compensation increase" means an increase in any item of compensation listed in
39     Subsection (2)(a)(i).
40          (iii) "Executive municipal officer" means:
41          (A) the city or town manager or chief administrative officer;
42          (B) the assistant city or town manager or assistant city or town chief administrative
43     officer;
44          (C) the city or town attorney;
45          (D) an individual who is the head or chief of a city or town department or division; or
46          (E) an individual who is the chief assistant or deputy of an individual described in
47     Subsection (2)(a)(ii)(D).
48          (b) Before a governing body may adopt a final budget or a final amended budget that
49     includes a compensation increase for an executive municipal officer, the governing body shall:
50          (i) hold a public hearing on the compensation increase; and
51          (ii) publish notice of the time, place, and purpose of the public hearing:
52          (A) for at least seven days before the date of the public hearing; and
53          (B) as a class A notice under Section 63G-30-102.
54          (c) A public hearing under Subsection (2)(c)(i):
55          (i) shall be held separate from any other public hearing; and
56          (ii) may be held the same day as another public hearing, including immediately before
57     or after the other public hearing.
58          [(2) Upon its own motion the governing body may review or consider the
59     compensation of any officer or officers of the municipality or a salary schedule applicable to
60     any officer or officers of the city for the purpose of determining whether or not it should be
61     adopted, changed, or amended. In the event that the governing body decides that the
62     compensation or compensation schedules should be adopted, changed, or amended, it shall set
63     a time and place for a public hearing at which all interested persons shall be given an
64     opportunity to be heard.]
65          [(3) Notice of the time, place, and purpose of the meeting shall be published, for at
66     least seven days before the day of the meeting, for the municipality, as a class A notice under
67     Section 63G-30-102.]
68          [(4) After the conclusion of the public hearing, the governing body may enact an
69     ordinance fixing, changing, or amending the compensation of any elective or appointive officer
70     of the municipality or adopting a compensation schedule applicable to any officer or officers.]
71          [(5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
72     establishing a salary or compensation schedule for its elective or appointive officers and any
73     salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
74     municipality has enacted an ordinance pursuant to the provisions of this chapter.]
75          [(6) The compensation of all municipal officers shall be paid at least monthly out of the
76     municipal treasury provided that municipalities having 1,000 or fewer population may by
77     ordinance provide for the payment of its statutory officers less frequently. None of the
78     provisions of this chapter shall be considered as limiting or restricting the authority to any
79     municipality that has adopted or does adopt a charter pursuant to Utah
80     Constitution, Article XI, Section 5, to determine the salaries of its elective and appointive
81     officers or employees.]
82          Section 2. Section 17-16-14 is amended to read:
83          17-16-14. Salaries of county officers.
84          (1) The annual salaries of the officers of all counties in the state shall be fixed by the
85     respective county legislative bodies[, provided no changes shall be made in existing salaries of
86     county officers until the county legislative body in a county desiring to change existing salaries
87     of county officers shall first hold a public hearing at which all interested persons shall be given
88     an opportunity to be heard], subject to the requirements of this section.
89          (2) (a) As used in this Subsection (2):
90          (i) "Compensation" means:
91          (A) salary, including salary paid under a contract;
92          (B) a budgeted bonus or budgeted incentive pay;
93          (C) a vehicle allowance; and
94          (D) deferred salary.
95          (ii) "Compensation increase" means an increase in any item of compensation listed in
96     Subsection (2)(a)(i).
97          (iii) "Executive county officer" means:
98          (A) the county manager or chief administrative officer;
99          (B) the assistant county manager or assistant county chief administrative officer;
100          (C) an individual who is the head or chief of a county department or division;
101          (D) an individual who is the chief assistant or deputy of an individual described in
102     Subsection (2)(a)(ii)(C); or
103          (E) in a county of the first class with a county executive-council form of government
104     under Section 17-52a-203, an individual appointed by the county executive to a position
105     requiring the advice and consent of the county legislative body, as provided by county
106     ordinance.
107          (b) Before a county legislative body may adopt a final budget or a final amended
108     budget that includes a compensation increase for an executive county officer, the county
109     legislative body shall:
110          (i) hold a public hearing on the compensation increase; and
111          (ii) publish notice of the time, place, and purpose of the public hearing:
112          (A) for at least seven days before the date of the public hearing; and
113          (B) as a class A notice under Section 63G-30-102.
114          (c) A public hearing under Subsection (2)(c)(i):
115          (i) shall be held separate from any other public hearing; and
116          (ii) may be held the same day as another public hearing, including immediately before
117     or after the other public hearing.
118          Section 3. Effective date.
119          This bill takes effect on May 1, 2024.