Chapter 2.10
CITY COUNCIL
Sections:
Article I. Generally
2.10.020 Meetings – Public notice required.
2.10.030 Quorum defined – Required to conduct city business – Exceptions.
2.10.040 Minimum vote required – Roll call vote required in certain cases.
2.10.090 Record of proceedings.
Article II. Meeting Attendance
2.10.160 Monthly pay reduction.
2.10.170 Maintaining attendance records.
Prior legislation: Rev. Ord. 1945 §§ 111 – 122.
Article I. Generally
2.10.010 Governing body.
The governing body of the city shall be a city council composed of six members, one of whom shall be the mayor and the remaining five shall be councilmembers. (Section 10-3-105, Utah Code Annotated 1953) [Code 1988 § 2-2-1].
2.10.020 Meetings – Public notice required.
The city council shall hold regular meetings on the first Thursday of each month at the Helper City Auditorium or at any such other place designated by the city council. The hour of said meeting shall be 6:00 p.m.
If at any time the business of the city requires a special meeting of the city council, such meeting may be ordered by the mayor or any two members of the council. The order shall be entered in the minutes of the council. The order shall provide at least three hours’ notice of the special meeting and notice thereof shall be served by the city recorder on each member who did not sign the order by delivering the notice personally or by leaving it at the member’s usual place of abode. The personal appearance by a member of the governing body at any specially called meeting constitutes a waiver of the notice required in this section.
Public notice of all regular and special meetings of the council shall be given in accordance with the provisions of Section 52-4-6, Utah Code Annotated 1953, as amended. [Ord. 2010-2; Ord. 2002-9; Ord. 2002-5; Ord. 90-1 § 1. Code 1988 § 2-2-2].
2.10.030 Quorum defined – Required to conduct city business – Exceptions.
The number of members of the council necessary to constitute a quorum is three. No action of the council shall be official or of any effect except when a quorum is present; provided, however, that fewer than a quorum may act to adjourn from time to time. The city council shall have the power to compel the attendance of its own members and provide such penalties as it deems necessary for the failure to comply therewith. (Sections 10-3-503, 10-3-504, and 10-3-505, Utah Code Annotated 1953). [Code 1988 § 2-2-3].
2.10.040 Minimum vote required – Roll call vote required in certain cases.
A. The minimum number of affirmative votes required to pass any ordinance, resolution, or to take any other action by the city council, unless otherwise prescribed by law, shall be a majority of the members of the quorum present but shall never be less than three affirmative votes, provided the mayor shall not vote on any matter before the council, except in case of a tie vote.
B. Any ordinance, resolution, or motion of the council having fewer favorable votes than required herein shall be deemed defeated and invalid, except a meeting may be adjourned to a specific time by a majority vote of those present.
C. A majority of the members of the city council, regardless of number, may fill any vacancy in the council.
D. A roll call vote shall be taken and recorded for all ordinances, resolutions, and any action which would create a liability against the city and in any other case at the request of any member of the governing body, by a yes or no vote and shall be recorded.
E. Every resolution or ordinance shall be in writing before the vote is taken. (Sections 10-3-402, 10-3-506, and 10-3-507, Utah Code Annotated 1953) [Code 1988 § 2-2-4].
2.10.050 Reconsideration.
Any action taken by the city council shall not be reconsidered or rescinded at any special meeting unless the number of members of the city council present at the special meeting is equal to or greater than the number of the members present at the meeting when the action was originally approved. (Section 10-3-508, Utah Code Annotated 1953) [Code 1988 § 2-2-5].
2.10.060 Open meetings.
Except as otherwise provided in this chapter or by law, all meetings of the city council shall be open and public. No ordinance, resolution, rule, regulation, contract or other action of the city council shall have any effect unless passed or approved at a properly held open and public meeting. (Section 10-3-601, Utah Code Annotated 1953) [Code 1988 § 2-2-6].
2.10.070 Rules of procedure.
Except as otherwise provided by law, the city council may establish its own rules of procedure for the proper conduct of its meetings. The city council may fine or expel any member for disorderly conduct on a two-thirds vote of the members of the city council. This section or any action taken by the city council pursuant hereto shall not preclude prosecution under any other provision of law. (Sections 10-3-606 through 10-3-608, Utah Code Annotated 1953) [Code 1988 § 2-2-7].
2.10.080 Committee reports.
Final action on any report of any committee appointed by the city council shall be deferred to the next regular meeting of the city council on the request of any two members; provided, however, that the council may call a special meeting to consider such final action. (Section 10-3-609, Utah Code Annotated 1953) [Code 1988 § 2-2-8].
2.10.090 Record of proceedings.
The city council shall keep a journal of its proceedings. The books, records, accounts and documents of the city shall be kept at the office of the recorder and approved copies shall be open and available for public inspection and copying during business hours. The council may by resolution establish reasonable charges for providing copies of its public records to individuals, except when by law the city must provide the records to the public without cost. (Section 10-3-603, Utah Code Annotated 1953) [Code 1988 § 2-2-9].
2.10.100 Ordinances.
The city council may pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by law, and such as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort and convenience of the city and the inhabitants thereof, and for the protection of property therein. All ordinances and resolutions shall be in accordance with the provisions of Chapter 1.15 HMC. (Section 10-3-702, Utah Code Annotated 1953) [Code 1988 § 2-2-10].
2.10.110 Elections.
The city council shall appoint judges of election, designate the places of voting, publicly canvass the results, and issue certificates of election to each person elected. (Sections 10-12-3 and 20-12-4, Utah Code Annotated 1953) [Code 1988 § 2-2-11].
2.10.120 Reports of officers.
The city council may require from every officer of the city at any time a report in detail of all transactions in his office or any matters connected therewith. (Section 10-8-78, Utah Code Annotated 1953) [Code 1988 § 2-2-12].
2.10.130 Other powers.
The city council, as the legislative and governing body of the city, shall have, exercise and discharge all the rights, powers and privileges and authority conferred by the laws of Utah upon cities of the third class, including but not limited to those hereinabove noted. (Section 10-8-1, Utah Code Annotated 1953) [Code 1988 § 2-2-13].
Article II. Meeting Attendance
2.10.140 Generally.
Attendance at meetings at and for the legislative body is considered a primary responsibility of all elected officials of Helper City. [Ord. 2021-8 § 1].
2.10.150 Attendance required.
All city councilmembers are expected to attend all scheduled council meetings. Attendance is taken at each meeting. [Ord. 2021-8 § 2].
2.10.160 Monthly pay reduction.
Failure by any councilmember to comply with the attendance requirements set forth in HMC 2.10.150 shall result in a reduction in the monthly payment received by that elected official for that month at the level of deficiency outlined below.
A. Level 1. Councilmembers with less than 60 percent attendance will result in a 50 percent reduction.
B. Level 2. Councilmembers with less than 40 percent attendance will result in a 100 percent reduction. [Ord. 2021-8 § 3].
2.10.170 Maintaining attendance records.
The city recorder, or authorized designee, shall be responsible for maintaining attendance records of all councilmembers at all meetings as referenced above. Attendance percentages will be determined by the number of meetings attended divided by the current number of meetings in your term. Excused absences, late arrivals, and early departures will count as half an attendance. [Ord. 2021-8 § 4].