Chapter 2.12
MAYOR AND CITY COUNCIL

Sections:

2.12.010    Legislative power vested in city council.

2.12.020    Composition.

2.12.030    Council members to be elected from districts.

2.12.040    Compensation of mayor and city council.

2.12.050    Functions of the city council.

2.12.060    Council designated as redevelopment agency—Authority—Powers.

2.12.070    Council designated as municipal building authority—Authority—Powers.

2.12.080    Limitations of actions and authority of city council.

2.12.090    Access to council by citizens and employees.

2.12.010 Legislative power vested in city council.

Legislative power, authority, and responsibility shall be exercised by the city council. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.101), 2007)

2.12.020 Composition.

The city council shall be composed of six members, which shall be the mayor and five city council members. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.102), 2007)

2.12.030 Council members to be elected from districts.

A.    Council members shall be elected from districts substantially, as possible, equal in population. To be elected from a district, the council member must be a qualified elector residing in the district. To vote for the district candidate, the voter must be a resident of the district in which the candidate resides.

B.    Council districts one, two, and three shall be elected during the regular municipal election in November 1999 and each fourth year thereafter, for four-year terms of office beginning on the first Monday of January following the municipal election.

C.    Council districts four and five shall be elected during the regular municipal election in November 2001 and each fourth year thereafter, for four-year terms of office beginning on the first Monday of January following the municipal election.

D.    The legislative districts of the city are as provided on a map duly approved by the council. The districts shall be enlarged by subsequent contiguous city annexations and shall be reapportioned following each federal decennial census to maintain substantially equal populations. A current copy of all such maps shall be on file with the city recorder and available for public inspection. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.103), 2007)

2.12.040 Compensation of mayor and city council.

A.    Each member of the city council, other than the mayor, shall be paid an annual salary of eight thousand dollars. The mayor shall be paid an annual salary of fourteen thousand five hundred dollars and an annual car allowance in the amount of three thousand dollars.

B.    In addition to the salary paid the elected officials shall be authorized to receive health and dental benefits at the same level as city employees.

C.    In addition to all other compensation or salaries, elected officials may receive travel expenses and per diem established by the city for attending any meeting, conference, seminar or training session, provided attendance shall have been approved by the governing body. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.104), 2007)

2.12.050 Functions of the city council.

A.    In functioning in its legislative capacity, the city council passes ordinances, appropriates funds, and performs such other duties and responsibilities as are required by law. The city council establishes policy through broad general policy directives and general task assignments of a goal-oriented nature. It shall also review and monitor the municipal administration, conduct public hearings and perform all other duties and responsibilities authorized or required by law. The council shall consider and give, where appropriate, its advice and consent to the mayor on all proposed appointments to city boards, commissions, committees or other bodies established to provide advice or assistance to the operation of city government, except as may otherwise be specified by law.

B.    The city council’s will is expressed by ordinance, resolution, declaration, budget approval and other written statements of policy and concern. In every case the will of the city council shall be expressed by a majority vote of the city council. No statement or act of any individual member of the governing body shall be viewed as the will of the city council. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.105), 2007)

2.12.060 Council designated as redevelopment agency—Authority—Powers.

The city council is designated as, shall be known as, and shall act as the redevelopment agency of the city, and shall be authorized to enter into contracts generally, and shall have the power to transact the business and exercise all the powers provided for by the Utah Neighborhood Development Act, Section 11-19-3 et seq., Utah Code Annotated 1953, as amended. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.106), 2007: Ord. 7-6-82(A), 1982. Formerly 2.36.010)

2.12.070 Council designated as municipal building authority—Authority—Powers.

The city council is designated as, shall be known as, and shall act as the municipal building authority of the city, and shall be authorized to acquire, improve, or extend one or more projects and to finance their costs on behalf of the public body that created it, in accordance with the procedures and subject to the limitations of Section 17A-3-903 of the Utah Code Annotated, in order to accomplish the public purposes for which the public body exists. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.107), 2007)

2.12.080 Limitations of actions and authority of city council.

A.    No member of the city council shall direct or request, except in writing, the appointment of any person to or his/her removal from office. No member of the city council shall interfere in any way with the performance of appointed officers of their duties. The city council shall not give orders to any subordinate of the city manager, either publicly or privately, but may make suggestions and recommendations to the city manager.

B.    Nothing in this section shall prevent the city council from appointing committees of its own members or of citizens to conduct investigations into the conduct of any officer, department or agency of the city government, or any matter relating to the welfare of the city, and delegating to these committees such powers of inquiry as the city council may deem necessary. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.108), 2007)

    State law reference(s)—Similar provisions, § 10-3-1217 of the Utah Code Annotated.

2.12.090 Access to council by citizens and employees.

A.    Except as provided in subsection (B) of this section, no city policy, rule or directive, whether written or verbal, shall be established, promoted or issued by any city officer, individual or body other than the city council acting as a body that restricts the rights of citizens or employees to freely communicate with members of the city council at any time or on any subject.

B.    No officer or employee shall be discharged or transferred to a position with less remuneration, nor shall any penalty of any kind be directed towards any officer, employee or citizen, as a result of his having exercised his right to communicate with any member of the city council.

C.    If any city officer, manager, or supervisor shall be found to have willfully violated the provisions of subsection (A) or (B) of this section, he shall be subject to termination of employment with the city. The city manager shall terminate the employment of any employee who is found by the city manager to have willfully violated the provisions of this section. Any employee terminated under the provisions of this subsection shall maintain full right of appeal to the employee appeal board and the city council as provided in Section 2.24.040, provided such employee is entitled to appeal a discharge to the employee discharge review board.

D.    If a city employee is pending employee disciplinary action, the employee shall not discuss that issue with any member of the city council outside of an actual appeal hearing, which shall be conducted before the body of the city council. In order that they may remain free from the effects of prejudice towards a case that is under appeal, individual council members should not discuss issues related to an appeal outside of the actual hearing process.

E.    If the city manager shall be found to have willfully violated the provisions of subsection (A) or (B) of this section, or failed to act as directed in subsection (C) of this section, he/she shall be removed from office upon a majority vote of the city council as provided in Section 2.16.220. (Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.3.109), 2007)