United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3b-403, 2008

A five-member municipal council has specified executive and administrative powers, may reassign some mayoral powers by ordinance, may appoint or dismiss a manager subject to stated limits, and cannot remove certain…

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administrative functionscouncil procedureexecutive authoritymunicipal governance

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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“A five-member municipal council has specified executive and administrative powers, may reassign some mayoral powers by ordinance, may appoint or dismiss a manager subject to stated limits, and cannot remove certain mayoral functions or use an automatic-renewal manager contract after May 10, 2011.”

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Council in a five-member council form of government.

Section 10-3b-403

Subsection 10-3b-403(1)(b)(i)(B)

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

Section 10-3b-403(1)(b)(i)(B)

Subsection 10-3b-403(1)(c)(iii)

any ex officio position that the mayor holds.

Section 10-3b-403(1)(c)(iii)

Subsection 10-3b-403(3)(b)

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive manager-dismissal ordinance; it may appoint an interim manager, and that interim manager’s term ends when a new manager is appointed by the new administration…

Section 10-3b-403(3)(b)

Subsection 10-3b-403(4)

A council that appoints a manager under this section may not enter into an employment contract with an automatic renewal provision with that manager on or after May 10, 2011.

Section 10-3b-403(4)

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Source record from le.utah.gov · Enacted 2008

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Showing 33 of 33 provisions

Provision 33

Part 10-3b-4

part 10-3b-4 Five-Member Council Form of Municipal Government

§ 10-3b-403Council in a five-member council form of government.Provision

Source excerpt

Council in a five-member council form of government. The council in a municipality operating under a five-member council form of municipal 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 ; and 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 Subsections (3) and (4) , appoint a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii) ; 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-403Verify source

§ 10-3b-403(1)Subsection 10-3b-403(1)Provision

Source excerpt

The council in a municipality operating under a five-member council form of municipal 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 ; and 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 Subsections (3) and (4) , appoint a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii) ; 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-403(1)Verify source

§ 10-3b-403(1)(a)Subsection 10-3b-403(1)(a)Provision

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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-403(1)(a)Verify source

§ 10-3b-403(1)(a)(i)Subsection 10-3b-403(1)(a)(i)Provision

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

Section 10-3b-403(1)(a)(i)Verify source

§ 10-3b-403(1)(a)(ii)Subsection 10-3b-403(1)(a)(ii)Provision

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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-403(1)(a)(ii)Verify source

§ 10-3b-403(1)(b)Subsection 10-3b-403(1)(b)Provision

Source excerpt

The council may, subject to stated subsections, adopt ordinances affecting the mayor’s powers, appoint or dismiss a manager, and assign 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 ; and 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 Subsections (3) and (4) , appoint a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c) ; subject to Subsection (3) , dismiss a manager appointed under Subsection (1)(b)(iii) ; and assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and

Section 10-3b-403(1)(b)Verify source

§ 10-3b-403(1)(b)(i)Subsection 10-3b-403(1)(b)(i)Provision

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Subject to other subsections, an ordinance may be adopted to remove the mayor’s powers, duties, or functions under Section 10-3b-104 and to reinstate any powers, duties, or functions previously removed.

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

Section 10-3b-403(1)(b)(i)Verify source

§ 10-3b-403(1)(b)(i)(A)Subsection 10-3b-403(1)(b)(i)(A)Provision

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This provision refers to removing from the mayor any power, duty, or function the mayor has under Section 10-3b-104.

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

Section 10-3b-403(1)(b)(i)(A)Verify source

§ 10-3b-403(1)(b)(i)(B)Subsection 10-3b-403(1)(b)(i)(B)Provision

Source excerpt

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

Section 10-3b-403(1)(b)(i)(B)Verify source

§ 10-3b-403(1)(b)(ii)Subsection 10-3b-403(1)(b)(ii)Provision

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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-403(1)(b)(ii)Verify source

§ 10-3b-403(1)(b)(iii)Subsection 10-3b-403(1)(b)(iii)Provision

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Subject to subsections (3), (4), and (1)(c), appoint a manager to carry out delegated executive and administrative duties or functions.

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

Section 10-3b-403(1)(b)(iii)Verify source

§ 10-3b-403(1)(b)(iv)Subsection 10-3b-403(1)(b)(iv)Provision

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

Section 10-3b-403(1)(b)(iv)Verify source

§ 10-3b-403(1)(b)(v)Subsection 10-3b-403(1)(b)(v)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-403(1)(b)(v)Verify source

§ 10-3b-403(1)(c)Subsection 10-3b-403(1)(c)Provision

Source excerpt

No one may remove from the mayor, or delegate to a manager appointed by the council, the mayor’s legislative or judicial powers, ceremonial functions, role as council chair, or any ex officio position the mayor holds.

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-403(1)(c)Verify source

§ 10-3b-403(1)(c)(i)Subsection 10-3b-403(1)(c)(i)Provision

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This phrase refers to the mayor’s legislative, judicial, or ceremonial functions.

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

Section 10-3b-403(1)(c)(i)Verify source

§ 10-3b-403(1)(c)(ii)Subsection 10-3b-403(1)(c)(ii)Provision

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

Section 10-3b-403(1)(c)(ii)Verify source

§ 10-3b-403(1)(c)(iii)Subsection 10-3b-403(1)(c)(iii)Provision

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any ex officio position that the mayor holds.

Section 10-3b-403(1)(c)(iii)Verify source

§ 10-3b-403(2)Subsection 10-3b-403(2)Provision

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An ordinance under Subsection (1)(b)(i) that removes or restores a mayoral power, duty, or function in Section 10-3b-104 needs an affirmative vote meeting one of the stated council-vote combinations.

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-403(2)Verify source

§ 10-3b-403(2)(a)Subsection 10-3b-403(2)(a)Provision

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

Section 10-3b-403(2)(a)Verify source

§ 10-3b-403(2)(b)Subsection 10-3b-403(2)(b)Provision

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all council members except the mayor.

Section 10-3b-403(2)(b)Verify source

§ 10-3b-403(3)Subsection 10-3b-403(3)Provision

Source excerpt

During an interim vacancy period, the council may not appoint a manager or adopt a more restrictive dismissal ordinance, 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-403(3)Verify source

§ 10-3b-403(3)(a)Subsection 10-3b-403(3)(a)Provision

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

Section 10-3b-403(3)(a)Verify source

§ 10-3b-403(3)(a)(i)Subsection 10-3b-403(3)(a)(i)Provision

Source excerpt

It begins on the day a municipal general election described in 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-403(3)(a)(i)Verify source

§ 10-3b-403(3)(a)(ii)Subsection 10-3b-403(3)(a)(ii)Provision

Source excerpt

It 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-403(3)(a)(ii)Verify source

§ 10-3b-403(3)(b)Subsection 10-3b-403(3)(b)Provision

Source excerpt

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-403(3)(b)Verify source

§ 10-3b-403(3)(b)(i)Subsection 10-3b-403(3)(b)(i)Provision

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

Section 10-3b-403(3)(b)(i)Verify source

§ 10-3b-403(3)(b)(i)(A)Subsection 10-3b-403(3)(b)(i)(A)Provision

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appoint a manager; or

Section 10-3b-403(3)(b)(i)(A)Verify source

§ 10-3b-403(3)(b)(i)(B)Subsection 10-3b-403(3)(b)(i)(B)Provision

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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-403(3)(b)(i)(B)Verify source

§ 10-3b-403(3)(b)(ii)Subsection 10-3b-403(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-403(3)(b)(ii)Verify source

§ 10-3b-403(3)(b)(ii)(A)Subsection 10-3b-403(3)(b)(ii)(A)Provision

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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-403(3)(b)(ii)(A)Verify source

§ 10-3b-403(3)(b)(ii)(B)Subsection 10-3b-403(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-403(3)(b)(ii)(B)Verify source

§ 10-3b-403(3)(c)Subsection 10-3b-403(3)(c)Provision

Source excerpt

Subsection (3)(b) does not apply if all the affected council members are re-elected for the following term.

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-403(3)(c)Verify source

§ 10-3b-403(4)Subsection 10-3b-403(4)Provision

Source excerpt

A council that appoints a manager under this section may not enter into an employment contract with an automatic renewal provision with that manager on or after May 10, 2011.

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-403(4)Verify source

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Utah Code § 10-3b-403, 2008

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