United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3b-303, 2008

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local government administrationmunicipal administration

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2008
Dates: Enacted 2008

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Dates: Enacted 2008

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“Council in six-member council form of government. The council in a municipality operating under a six-member council form of government: exercises any executive or administrative power and performs or supervises the performance of any”

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Council in six-member council form of government.

Section 10-3b-303

Subsection 10-3b-303(1)(b)(i)(B)

This provision reinstates to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A).

Section 10-3b-303(1)(b)(i)(B)

Subsection 10-3b-303(1)(c)(iii)

any ex officio position that the mayor holds.

Section 10-3b-303(1)(c)(iii)

Subsection 10-3b-303(3)(b)

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive manager-dismissal procedure, but it may appoint an interim manager.

Section 10-3b-303(3)(b)

Subsection 10-3b-303(4)

A council that appoints a manager 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 manager.

Section 10-3b-303(4)

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Source record from le.utah.gov · Enacted 2008

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Showing 34 of 34 provisions

Provision 34

Part 10-3b-3

part 10-3b-3 Six-Member Council Form of Municipal Government

§ 10-3b-303Council in six-member council form of government.Provision

Source excerpt

Council in six-member council form of government. The council in a municipality operating under a six-member council form of government: exercises any executive or administrative power and performs or supervises the performance of any executive or administrative duty or function that: has not been given to the mayor under Section 10-3b-104 ; or has been given to the mayor under Section 10-3b-104 but is removed from the mayor under Subsection (1)(b)(i)(A) ; may: subject to Subsections (1)(c) and (2) , adopt an ordinance: removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104 ; or reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A) ; adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a) ; subject to Subsection 10-3b-302(1)(b)(ii)(A) : appoint, subject to Subsections (3) and (4) , a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; and subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii)(A) ; and assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and may not remove from the mayor or delegate to a manager appointed by the council: any of the mayor's legislative or judicial powers or ceremonial functions; the mayor's position as chair of the council; or any ex officio position that the mayor holds. Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative vote of: the mayor and a majority of all other council members; or all council members except the mayor. As used in this Subsection (3) , "interim vacancy period" means the period of time that: begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and ends on the day on which the council member-elect begins the council member's term. During an interim vacancy period, the council may not: appoint a manager; or adopt an ordinance establishing a procedure for the dismissal of a manager that is more restrictive than the procedure applicable at the time the manager was appointed. Notwithstanding Subsection (3)(b)(i)(A): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended. Subsection (3)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term. A council that appoints a manager 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 manager.

Section 10-3b-303Verify source

§ 10-3b-303(1)Subsection 10-3b-303(1)Provision

Source excerpt

A six-member municipal council may exercise or supervise executive and administrative powers and duties, delegate some of those powers to the mayor, appoint and dismiss a manager, and assign council members to supervise departments, but it may not strip the mayor of legislative, judicial, ceremonial, chair, or ex officio roles.

The council in a municipality operating under a six-member council form of government: exercises any executive or administrative power and performs or supervises the performance of any executive or administrative duty or function that: has not been given to the mayor under Section 10-3b-104 ; or has been given to the mayor under Section 10-3b-104 but is removed from the mayor under Subsection (1)(b)(i)(A) ; may: subject to Subsections (1)(c) and (2) , adopt an ordinance: removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104 ; or reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A) ; adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a) ; subject to Subsection 10-3b-302(1)(b)(ii)(A) : appoint, subject to Subsections (3) and (4) , a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; and subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii)(A) ; and assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and may not remove from the mayor or delegate to a manager appointed by the council: any of the mayor's legislative or judicial powers or ceremonial functions; the mayor's position as chair of the council; or any ex officio position that the mayor holds.

Section 10-3b-303(1)Verify source

§ 10-3b-303(1)(a)Subsection 10-3b-303(1)(a)Provision

Source excerpt

exercises any executive or administrative power and performs or supervises the performance of any executive or administrative duty or function that: has not been given to the mayor under Section 10-3b-104 ; or has been given to the mayor

Section 10-3b-303(1)(a)Verify source

§ 10-3b-303(1)(a)(i)Subsection 10-3b-303(1)(a)(i)Provision

Source excerpt

has not been given to the mayor under Section 10-3b-104 ; or

Section 10-3b-303(1)(a)(i)Verify source

§ 10-3b-303(1)(a)(ii)Subsection 10-3b-303(1)(a)(ii)Provision

Source excerpt

has been given to the mayor under Section 10-3b-104 but is removed from the mayor under Subsection (1)(b)(i)(A) ;

Section 10-3b-303(1)(a)(ii)Verify source

§ 10-3b-303(1)(b)Subsection 10-3b-303(1)(b)Provision

Source excerpt

The council may adopt ordinances about mayoral powers, appointing or dismissing a manager, and assigning council members, including the mayor, to supervise municipal departments.

may: subject to Subsections (1)(c) and (2) , adopt an ordinance: removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104 ; or reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A) ; adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a) ; subject to Subsection 10-3b-302(1)(b)(ii)(A) : appoint, subject to Subsections (3) and (4) , a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; and subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii)(A) ; and assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and

Section 10-3b-303(1)(b)Verify source

§ 10-3b-303(1)(b)(i)Subsection 10-3b-303(1)(b)(i)Provision

Source excerpt

subject to Subsections (1)(c) and (2) , adopt an ordinance: removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104 ; or reinstating to the mayor any power, duty, or function previously removed under

Section 10-3b-303(1)(b)(i)Verify source

§ 10-3b-303(1)(b)(i)(A)Subsection 10-3b-303(1)(b)(i)(A)Provision

Source excerpt

removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104 ; or

Section 10-3b-303(1)(b)(i)(A)Verify source

§ 10-3b-303(1)(b)(i)(B)Subsection 10-3b-303(1)(b)(i)(B)Provision

Source excerpt

This provision reinstates to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A).

reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A) ;

Section 10-3b-303(1)(b)(i)(B)Verify source

§ 10-3b-303(1)(b)(ii)Subsection 10-3b-303(1)(b)(ii)Provision

Source excerpt

The council may adopt an ordinance delegating certain executive or administrative powers, duties, or functions to the mayor.

adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a) ;

Section 10-3b-303(1)(b)(ii)Verify source

§ 10-3b-303(1)(b)(iii)Subsection 10-3b-303(1)(b)(iii)Provision

Source excerpt

The council may appoint a manager, subject to specified subsections and a cross-reference, and may dismiss a manager appointed under this provision.

subject to Subsection 10-3b-302(1)(b)(ii)(A) : appoint, subject to Subsections (3) and (4) , a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; and subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii)(A) ; and

Section 10-3b-303(1)(b)(iii)Verify source

§ 10-3b-303(1)(b)(iii)(A)Subsection 10-3b-303(1)(b)(iii)(A)Provision

Source excerpt

The council must appoint a manager, subject to the listed subsections, to carry out executive and administrative duties the council delegates by ordinance.

appoint, subject to Subsections (3) and (4) , a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; and

Section 10-3b-303(1)(b)(iii)(A)Verify source

§ 10-3b-303(1)(b)(iii)(B)Subsection 10-3b-303(1)(b)(iii)(B)Provision

Source excerpt

subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii)(A) ; and

Section 10-3b-303(1)(b)(iii)(B)Verify source

§ 10-3b-303(1)(b)(iv)Subsection 10-3b-303(1)(b)(iv)Provision

Source excerpt

Council members, including the mayor, may be assigned to supervise one or more municipal administrative departments.

assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and

Section 10-3b-303(1)(b)(iv)Verify source

§ 10-3b-303(1)(c)Subsection 10-3b-303(1)(c)Provision

Source excerpt

may not remove from the mayor or delegate to a manager appointed by the council: any of the mayor's legislative or judicial powers or ceremonial functions; the mayor's position as chair of the council; or any ex officio position that the

Section 10-3b-303(1)(c)Verify source

§ 10-3b-303(1)(c)(i)Subsection 10-3b-303(1)(c)(i)Provision

Source excerpt

any of the mayor's legislative or judicial powers or ceremonial functions;

Section 10-3b-303(1)(c)(i)Verify source

§ 10-3b-303(1)(c)(ii)Subsection 10-3b-303(1)(c)(ii)Provision

Source excerpt

the mayor's position as chair of the council; or

Section 10-3b-303(1)(c)(ii)Verify source

§ 10-3b-303(1)(c)(iii)Subsection 10-3b-303(1)(c)(iii)Provision

Source excerpt

any ex officio position that the mayor holds.

Section 10-3b-303(1)(c)(iii)Verify source

§ 10-3b-303(2)Subsection 10-3b-303(2)Provision

Source excerpt

An ordinance under Subsection (1)(b)(i) that removes from or reinstates to the mayor a power, duty, or function in Section 10-3b-104 needs an affirmative vote by either the mayor plus a majority of the other council members, or all council members except the mayor.

Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative vote of: the mayor and a majority of all other council members; or all council members except the mayor.

Section 10-3b-303(2)Verify source

§ 10-3b-303(2)(a)Subsection 10-3b-303(2)(a)Provision

Source excerpt

the mayor and a majority of all other council members; or

Section 10-3b-303(2)(a)Verify source

§ 10-3b-303(2)(b)Subsection 10-3b-303(2)(b)Provision

Source excerpt

all council members except the mayor.

Section 10-3b-303(2)(b)Verify source

§ 10-3b-303(3)Subsection 10-3b-303(3)Provision

Source excerpt

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive dismissal procedure, but it may appoint an interim manager.

As used in this Subsection (3) , "interim vacancy period" means the period of time that: begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and ends on the day on which the council member-elect begins the council member's term. During an interim vacancy period, the council may not: appoint a manager; or adopt an ordinance establishing a procedure for the dismissal of a manager that is more restrictive than the procedure applicable at the time the manager was appointed. Notwithstanding Subsection (3)(b)(i)(A): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended. Subsection (3)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term.

Section 10-3b-303(3)Verify source

§ 10-3b-303(3)(a)Subsection 10-3b-303(3)(a)Provision

Source excerpt

Defines “interim vacancy period” as the time from a municipal general election to elect a council member until the council member-elect begins the term.

Section 10-3b-303(3)(a)Verify source

§ 10-3b-303(3)(a)(i)Subsection 10-3b-303(3)(a)(i)Provision

Source excerpt

It begins on the day a municipal general election under Section 10-3-201 is held to elect a council member.

begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and

Section 10-3b-303(3)(a)(i)Verify source

§ 10-3b-303(3)(a)(ii)Subsection 10-3b-303(3)(a)(ii)Provision

Source excerpt

The term ends when the council member-elect begins the council member's term.

ends on the day on which the council member-elect begins the council member's term.

Section 10-3b-303(3)(a)(ii)Verify source

§ 10-3b-303(3)(b)Subsection 10-3b-303(3)(b)Provision

Source excerpt

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive manager-dismissal procedure, but it may appoint an interim manager.

During an interim vacancy period, the council may not: appoint a manager; or adopt an ordinance establishing a procedure for the dismissal of a manager that is more restrictive than the procedure applicable at the time the manager was appointed. Notwithstanding Subsection (3)(b)(i)(A): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.

Section 10-3b-303(3)(b)Verify source

§ 10-3b-303(3)(b)(i)Subsection 10-3b-303(3)(b)(i)Provision

Source excerpt

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive manager-dismissal procedure.

Section 10-3b-303(3)(b)(i)Verify source

§ 10-3b-303(3)(b)(i)(A)Subsection 10-3b-303(3)(b)(i)(A)Provision

Source excerpt

appoint a manager; or

Section 10-3b-303(3)(b)(i)(A)Verify source

§ 10-3b-303(3)(b)(i)(B)Subsection 10-3b-303(3)(b)(i)(B)Provision

Source excerpt

An unspecified authority must adopt an ordinance creating a manager-dismissal procedure that is more restrictive than the procedure in place when the manager was appointed.

adopt an ordinance establishing a procedure for the dismissal of a manager that is more restrictive than the procedure applicable at the time the manager was appointed.

Section 10-3b-303(3)(b)(i)(B)Verify source

§ 10-3b-303(3)(b)(ii)Subsection 10-3b-303(3)(b)(ii)Provision

Source excerpt

The council may appoint an interim manager during an interim vacancy period.

Notwithstanding Subsection (3)(b)(i)(A): the council may appoint an interim manager during an interim vacancy period; and the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.

Section 10-3b-303(3)(b)(ii)Verify source

§ 10-3b-303(3)(b)(ii)(A)Subsection 10-3b-303(3)(b)(ii)(A)Provision

Source excerpt

The council may appoint an interim manager during an interim vacancy period.

the council may appoint an interim manager during an interim vacancy period; and

Section 10-3b-303(3)(b)(ii)(A)Verify source

§ 10-3b-303(3)(b)(ii)(B)Subsection 10-3b-303(3)(b)(ii)(B)Provision

Source excerpt

The interim manager’s term ends when a new manager is appointed by the new administration after the interim vacancy period ends.

the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.

Section 10-3b-303(3)(b)(ii)(B)Verify source

§ 10-3b-303(3)(c)Subsection 10-3b-303(3)(c)Provision

Source excerpt

Subsection (3)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term.

Section 10-3b-303(3)(c)Verify source

§ 10-3b-303(4)Subsection 10-3b-303(4)Provision

Source excerpt

A council that appoints a manager 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 manager.

Section 10-3b-303(4)Verify source

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Utah Code § 10-3b-303, 2008

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