10-3b-104 - Powers and duties of mayor in six-member council and five-member council forms of government.
10-3b-104. Powers and duties of mayor in six-member council and five-membercouncil forms of government.
(1) Except as provided in Subsection (2), the mayor in a municipality operating under asix-member council form of government or a five-member council form of government:
(a) is the chief executive officer of the municipality to whom all employees of themunicipality 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 arefaithfully executed and observed;
(iii) if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report theremittance 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 inthe 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 inenforcing 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 ofthe 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, ordocuments 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 ofthe 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-membercouncil form of government; and
(ii) Subsection 10-3b-403(2)(a), for a municipality operating under the five-membercouncil form of government.
Enacted by Chapter 19, 2008 General Session