Utah Code 10-3b-203. Council in a council-mayor form of government

(1)

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

Terms Used In Utah Code 10-3b-203

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

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

Property: includes both real and personal property. See Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5

(a)

shall:

(i)

by ordinance, provide for the manner in which:

(A)	municipal property is bought, sold, traded, encumbered, or otherwise transferred; and

(B)	a subdivision or annexation is approved, disapproved, or otherwise regulated;

(ii)	pass ordinances, appropriate funds, and review municipal administration;

(iii)

perform all duties that the law imposes on the council; and

(iv)	elect one of its members to be the chair of the council;

(b)

may:

(i)

adopt an ordinance, to be known as the municipal administrative code:

(A)	dividing the municipality’s administrative service into departments, divisions, and bureaus; and

(B)	defining the functions and duties of each department, division, and bureau;

(ii)

adopt an ordinance:

(A)	creating, consolidating, or abolishing departments, divisions, and bureaus; and

(B)	defining or altering the functions and duties of each department, division, and bureau;

(iii)

notwithstanding Subsection (1)(c)(iii), make suggestions or recommendations to a subordinate of the mayor;

(iv)

(A)

notwithstanding Subsection (1)(c), appoint a committee of council members or citizens to conduct an investigation into:

(I)	an officer, department, or agency of the municipality; or

(II)	any other matter relating to the welfare of the municipality; and

(B)	delegate to an appointed committee powers of inquiry that the council considers necessary;

(v)	make and enforce any additional rule or regulation for the government of the council, the preservation of order, and the transaction of the council’s business that the council considers necessary; and

(vi)	take any action allowed under Section 10-8-84; and

(c)

may not:

(i)	direct or request, other than in writing, the appointment of a person to or the removal of a person from an executive municipal office;

(ii)	interfere in any way with an executive officer’s performance of the officer’s duties; or

(iii)

publicly or privately give orders to a subordinate of the mayor.

(2)	A member of a council in a municipality operating under the council-mayor form of government may not have any other compensated employment with the municipality.

Enacted by Chapter 19, 2008 General Session

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