Utah Code 10-3b-202. Mayor in council-mayor form of government

10-3b-202. Mayor in council-mayor form of government.

(1)

The mayor in a municipality operating under the council-mayor form of government:

Terms Used In Utah Code 10-3b-202

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.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Contract: A legal written agreement that becomes binding when signed.
Council-mayor form of government: means the form of municipal government that:

(a)

(i)	is provided for in Laws of Utah 1977, Chapter 48;

(ii)	may not be adopted without voter approval; and

(iii)

consists of two separate, independent, and equal branches of municipal government; and

(b)

on and after May 5, 2008, is described in 2. 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;

(b)	a town, as classified in Section 10-2-301; or

(c)

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

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

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.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

(a)

is the chief executive and administrative officer of the municipality;

(b)	exercises the executive and administrative powers and performs or supervises the performance of the executive and administrative duties and functions of the municipality;

(c)

shall:

(i)	keep the peace and enforce the laws of the municipality;

(ii)	execute the policies adopted by the council;

(iii)

appoint, with the council’s advice and consent, a qualified person for each of the following positions:

(A)	subject to Subsection (3), chief administrative officer, if required under the resolution or petition under Subsection 10-3b-603(1)(a) that proposed the change to a council-mayor form of government;

(B)

recorder;

(C)	treasurer;

(D)	engineer; and

(E)

attorney;

(iv)

provide to the council, at intervals provided by ordinance, a written report to the council setting forth:

(A)	the amount of budget appropriations;

(B)	total disbursements from the appropriations;

(C)	the amount of indebtedness incurred or contracted against each appropriation, including disbursements and indebtedness incurred and not paid; and

(D)	the percentage of the appropriations encumbered;

(v)	report to the council the condition and needs of the municipality;

(vi)	report to the council any release granted under Subsection (1)(d)(xiii);

(vii)

if the mayor remits a fine or forfeiture under Subsection (1)(d)(xi), report the remittance to the council at the council’s next meeting after the remittance;

(viii)

perform each other duty:

(A)	prescribed by statute; or

(B)	required by a municipal ordinance that is not inconsistent with statute;

(d)

may:

(i)

subject to budget constraints:

(A)

appoint:

(I)	subject to Subsections (3)(b) and (4), a chief administrative officer; and

(II)	one or more deputies or administrative assistants to the mayor; and

(B)

(I)	create any other administrative office that the mayor considers necessary for good government of the municipality; and

(II)	appoint a person to the office;

(ii)

with the council’s advice and consent and except as otherwise specifically limited by statute, appoint:

(A)	each department head of the municipality;

(B)	each statutory officer of the municipality; and

(C)	each member of a statutory commission, board, or committee of the municipality;

(iii)

dismiss any person appointed by the mayor;

(iv)	as provided in Section 10-3b-204, veto an ordinance, tax levy, or appropriation passed by the council;

(v)	exercise control of and supervise each executive or administrative department, division, or office of the municipality;

(vi)	within the general provisions of statute and ordinance, regulate and prescribe the powers and duties of each other executive or administrative officer or employee of the municipality;

(vii)

attend each council meeting, take part in council meeting discussions, and freely give advice to the council;

(viii)

appoint a budget officer to serve in place of the mayor to comply with and fulfill in all other respects the requirements of, as the case may be:

(A)	Chapter 5, Uniform Fiscal Procedures Act for Utah Towns; or

(B)	Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;

(ix)

execute an agreement on behalf of the municipality, or delegate, by written executive order, the authority to execute an agreement on behalf of the municipality:

(A)	if the obligation under the agreement is within certified budget appropriations; and

(B)	subject to Section 10-6-138;

(x)

at any reasonable time, examine and inspect the official books, papers, records, or documents of:

(A)	the municipality; or

(B)	any officer, employee, or agent of the municipality;

(xi)	remit fines and forfeitures;

(xii)

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; and

(xiii)

release a person imprisoned for a violation of a municipal ordinance; and

(e)	may not vote on any matter before the council.

(2)

(a)

The first mayor elected under a newly established mayor-council form of government shall, within six months after taking office, draft and submit to the council a proposed ordinance:

(i)	providing for the division of the municipality’s administrative service into departments, divisions, and bureaus; and

(ii)	defining the functions and duties of each department, division, and bureau.

(b)	Before the council adopts an ordinance on the municipality’s administrative service, the mayor may establish temporary rules and regulations to ensure efficiency and effectiveness in the divisions of the municipal government.

(3)

(a)

As used in this Subsection (3), “interim vacancy period” means the period of time that:

(i)	begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a mayor; and

(ii)	ends on the day on which the mayor-elect begins the mayor’s term.

(b)

Each person appointed as chief administrative officer under Subsection (1)(c)(iii)(A) shall be appointed on the basis of:

(i)	the person’s ability and prior experience in the field of public administration; and

(ii)	any other qualification prescribed by ordinance.

(c)

(i)	The mayor may not appoint a chief administrative officer during an interim vacancy period.

(ii)

Notwithstanding Subsection (3)(c)(i):

(A)	the mayor may appoint an interim chief administrative officer during an interim vacancy period; and

(B)	the interim chief administrative officer’s term shall expire once a new chief administrative officer is appointed by the new mayor after the interim vacancy period has ended.

(d)	Subsection (3)(c) does not apply if the mayor who holds office on the day of the municipal general election is re-elected to the mayor’s office for the following term.

(4)	A mayor who appoints a chief administrative officer in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the chief administrative officer.

Amended by Chapter 352, 2015 General Session

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