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:
(a) is the chief executive and administrative officer of the municipality;
(b) exercises the executive and administrative powers and performs or supervises theperformance 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 thefollowing positions:
(A) subject to Subsection (3), chief administrative officer, if required under theresolution or petition under Subsection 10-3b-503(1)(a) that proposed the change to acouncil-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 thecouncil 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 theremittance 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) 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 goodgovernment 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 bystatute, 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 appropriationpassed 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 thepowers and duties of each other executive or administrative officer or employee of themunicipality;
(vii) attend each council meeting, take part in council meeting discussions, and freelygive advice to the council;
(viii) appoint a budget officer to serve in place of the mayor to comply with and fulfill inall 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 executiveorder, 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, ordocuments 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 inenforcing 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 ofgovernment shall, within six months after taking office, draft and submit to the council aproposed ordinance:
(i) providing for the division of the municipality's administrative service intodepartments, 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 inthe divisions of the municipal government.
(3) Each person appointed as chief administrative officer under Subsection (1)(c)(iii)(A)shall be appointed on the basis of:
(a) the person's ability and prior experience in the field of public administration; and
(b) any other qualification prescribed by ordinance.
Enacted by Chapter 19, 2008 General Session