Except as provided in Subsection (2), the mayor in a municipality operating under a six-member council form of government or a five-member council form of government:
Terms Used In Utah Code 10-3b-104
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Five-member council form of government: means the form of municipal government described in 4. See Utah Code 10-3b-102
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
(a)
a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Six-member council form of government: means the form of municipal government described in 3. See Utah Code 10-3b-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
(a)
is the chief executive officer of the municipality to whom all employees of the municipality report;
(b)
shall:
(i)
keep the peace and enforce the laws of the municipality;
(ii)
ensure that all applicable statutes and municipal ordinances and resolutions are faithfully executed and observed;
(iii)
if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report the remittance to the council at the council’s next meeting after the remittance;
(iv)
perform all duties prescribed by statute or municipal ordinance or resolution;
(v)
report to the council the condition and needs of the municipality; and
(vi)
report to the council any release granted under Subsection (1)(c)(iv); and
(c)
may:
(i)
recommend for council consideration any measure that the mayor considers to be in the best interests of the municipality;
(ii)
remit fines and forfeitures;
(iii)
if necessary, call on residents of the municipality over the age of 21 years to assist in enforcing the laws of the state and ordinances of the municipality;
(iv)
release a person imprisoned for a violation of a municipal ordinance;
(v)
with the council’s advice and consent:
(A)
assign or appoint a member of the council to administer one or more departments of the municipality; and
(B)
appoint a person to fill:
(I)
a municipal office; or
(II)
a vacancy on a commission or committee of the municipality; and
(vi)
at any reasonable time, examine and inspect the official books, papers, records, or documents of:
(A)
the municipality; or
(B)
any officer, employee, or agency of the municipality.
(2)
The powers and duties in Subsection (1) are subject to:
(a)
municipal ordinances in effect on May 4, 2008 modifying the powers and duties of the mayor; and
(b)
the council’s authority to limit or expand the mayor’s powers and duties under:
(i)
Subsection 10-3b-303(2)(a), for a municipality operating under the six-member council form of government; and
(ii)
Subsection 10-3b-403(2)(a), for a municipality operating under the five-member council form of government.
