Chapter 2.16
OFFICERS AND EMPLOYEES

Sections:

Article I. Generally (Reserved)

Article II. Elected Officials

2.16.200    Definitions.

2.16.210    Qualifications.

2.16.220    Filing fee.

2.16.230    Election.

2.16.240    Vacancies in office.

2.16.250    Fidelity bonds.

2.16.260    Oath of office.

2.16.270    Disclosure of campaign contributions.

2.16.280    Political signs.

2.16.290    Political activity of municipal officer or employee.

Article III. Appointed Officials and Employees

2.16.300    Structure of administrative branch.

2.16.310    Duties and responsibilities of department heads.

2.16.320    Oath of office.

2.16.330    Fidelity bonds.

Article IV. Mayor

2.16.400    Term of office.

2.16.410    Duties.

2.16.420    Mayor pro tempore.

2.16.430    Compensation.

Article V. City Manager

2.16.500    Position created.

2.16.510    Appointment.

2.16.520    Powers and duties.

2.16.530    Supplemental powers and duties.

2.16.540    Working time.

2.16.550    Removal of city manager.

2.16.560    Rule-making authority.

2.16.570    Emergency interim successors to city manager.

Article VI. Personnel Procedures and Employee Compensation System

2.16.600    Adoption of personnel rules and regulations manual.

2.16.610    Compensation of employees.

2.16.620    No property rights in expectation of continued employment.

Article VII. Conflict of Interest

2.16.700    Purpose.

2.16.710    Definitions.

2.16.720    Conflict disclosure and disqualification because of personal interest.

2.16.730    Prohibited acts designated.

2.16.740    Disclosure of interest in business entity.

2.16.750    Transactions involving the city.

2.16.760    Accepting or making gifts.

2.16.770    Coercion of business or contributions.

2.16.780    Acquiring interest in a business entity.

2.16.790    Inducement to violate prohibited.

2.16.800    Employee appeals.

2.16.810    Voidable transactions.

2.16.820    Violation—Penalty.

Article I. Generally (Reserved)

Article II. Elected Officials

2.16.200 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Candidate” means any person who:

1.    Files a declaration of candidacy for an elected office of the city;

2.    Received contributions or made expenditures or consents to another person receiving contributions or making expenditures with a view to bringing about such person’s nomination or election to such office; or

3.    Causes, on his behalf, any written material or advertisement to be printed, published, broadcast, distributed or disseminated which indicates an intention to seek such office.

“Contribution” means:

1.    A gift, subscription, loan advance or deposit of money or anything of value except a loan of money by a bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business;

2.    A contract, promise, or agreement express or implied whether or not legally enforceable to make a contribution for such purposes;

3.    A transfer of funds between political committees and a candidate’s personal campaign committee; and

4.    A payment for the personal services of another person by a person other than the candidate’s personal campaign committee for services rendered to the candidate or such candidate’s personal campaign committee.

The term “contribution” shall not include personal services provided without compensation by individuals volunteering their time on behalf of a candidate or such candidate’s personal campaign committee.

“Election” means a general, special, or primary election conducted by the city or any of its political subdivisions including elections limited to referendum or bond issues.

“Expenditure” means:

1.    A purchase, payment distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination or election of any candidate, or the outcome of any issue on any city ballot;

2.    A contract, promise, or agreement express or implied whether or not legally enforceable to make any expenditure;

3.    A transfer of funds by a political committee to another political committee or to a candidate’s personal campaign committee.

“Issue” means any question other than the election of a candidate to city office placed upon any municipal ballot to be affirmed or defeated by popular vote including, but not limited to, bond issues and referendums.

“Person” means both natural and legal persons including, but not limited to, business organizations, personal campaign committees, party committees, labor unions, labor organizations, and any other organized group of individuals.

“Personal campaign committee” means the political committee appointed by a particular candidate to act for such candidate as provided in this article.

“Political action committee” means a person or group of persons cooperating to aid or promote the success or defeat of a candidate or issue, including the making of donations to a personal campaign committee.

“Political purpose” means an act done with intent or in such a way as to influence or intend to influence, directly or indirectly, the election of a candidate or any issue on the ballot at a municipal election.

“Primary election” means any primary election held pursuant to Section 20-1-101 et seq. of the Utah Code Annotated, or its successor, and/or any election held prior to the general election as provided by Section 20-1-101 et seq. of the Utah Code Annotated, or its successor.

“Reporting period” means the period since the closing date of the last filed financial statement, if any, and the closing date of a financial statement to be filed. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.201), 2007. Formerly 2.16.010)

2.16.210 Qualifications.

A.    The mayor shall be elected at-large. Council members shall be elected by the registered voters of the district in which they reside. (See Section 2.12.030.)

B.    Any person who is a registered voter may be a candidate and hold office if the person has resided within the city for a period of twelve consecutive months immediately preceding the date of the election. In case of an annexation, any person who has resided within the territory annexed for the prescribed twelve-month period is deemed to meet the residence requirement for candidacy in the city and district to which the territory was annexed. In order to be a candidate for a districted seat on the city council, the candidate must be a resident of the district when filing for office. A person appointed to fill a vacancy on the city council must have been a resident of the city for a period of twelve months and, if appointed to a districted seat, of the district for a period of sixty days on the date of appointment. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.202), 2007. Formerly 2.16.020)

2.16.220 Filing fee.

A.    Individuals filing as a candidate for mayor shall pay a fifty dollar filing fee at the time of filing their candidacy with the city recorder. This filing fee shall be refundable only if it is determined that the person filing is not qualified to be a candidate, or who is found to have improperly filed.

B.    Individuals filing as a council district candidate shall pay a twenty-five-dollar filing fee at the time of filing their candidacy with the city recorder. This filing fee shall be refundable only if it is determined that the person filing is not qualified to be a candidate, or who is found to have improperly filed. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010)

2.16.230 Election.

A.    The mayor shall be elected at-large during the regular municipal election in November 2001 and each fourth year thereafter, for a four-year term beginning on the first Monday of January following the municipal election.

B.    Candidates to be voted for at all municipal elections in the city shall be elected in accordance with provisions of Section 20A-5-101 et seq. of the Utah Code Annotated, with the amendments and modifications as are appropriate for a municipal election held by a fourth-class city. The mayor shall be elected in an at-large election in which all qualified electors residing in the city may vote for candidates for the office of mayor. Candidates for districted office are required to declare their candidacy for the district in which they reside on the date the declaration of candidacy is filed. The city recorder is authorized to prepare and require candidates for districted office to designate the district from which the candidate seeks election. If the candidate for a districted seat should, prior to the election, cease to be a qualified elector residing in that district, the city recorder shall remove that candidate’s name from the ballot. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.203), 2007. Formerly 2.16.030)

2.16.240 Vacancies in office.

A.    If any elected official shall at any time during his/her term of office establish residence outside the boundaries of the city, or if a council member elected from a district shall at any time during his/her term of office establish residence outside the boundaries of the district for a continuous period of more than sixty days, his/her office shall become automatically vacant.

B.    If any vacancy occurs in the office of mayor, the city council shall appoint a registered voter in the city to fill the unexpired term of the office vacated until January following the next municipal election unless the vacancy occurs or a letter of resignation is received by the city council at least fourteen days before the deadline for filing for election in an odd-numbered year and two years of the vacated term will remain after the first Monday of January following the next municipal election, in which case the vacancy shall be filled by an interim appointment, followed by an election to fill a two-year term. If any vacancy occurs in the office of a council member representing a district, the city council shall appoint a qualified registered voter who has resided in that district for a minimum of sixty days to fill the unexpired term of the office vacated until the January following the next municipal election unless the vacancy occurs or a letter of resignation is received by the city council at least fourteen days before the deadline for filing for election in an odd-numbered year and two years of the vacated term will remain after the first Monday of January following the next municipal election, in which case the vacancy shall be filled by an interim appointment, followed by an election to fill a two-year term. If for any reason the city council does not fill the vacancy within thirty days after the vacancy occurs, the two persons having the highest number of votes of the city council shall appear before the city council, and if there is no majority to fill the vacancy, the vacancy shall be filled by lot in the presence of the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.204), 2007. Formerly 2.16.040)

2.16.250 Fidelity bonds.

A.    The mayor and each member of the city council, prior to assuming office, shall file with the city recorder a bond, with corporate sureties, conditioned upon the faithful performance of the duties of his office and the payment of all monies received by the mayor according to law and ordinances of the city. The bond shall be payable to the city in the penal sum of two thousand five hundred dollars. The premium charged by a corporate surety for the bond shall be paid by the city.

B.    The bond of the mayor shall be approved by the city council at the first meeting of the city council in January following a municipal election. The individual bonds of the members of the city council shall be approved at the first meeting of the city council in January following the municipal election. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.205), 2007: prior code § 3-819. Formerly 2.16.050)

    State law reference(s)—Bonds required, § 10-3-819 of the Utah Code Annotated; premium to be paid by city, § 10-3-823 of the Utah Code Annotated.

2.16.260 Oath of office.

A.    Prior to assuming their official duties, the mayor and each council member shall each take and subscribe the oath of office designated in subsection (B) of this section. No official act of any municipal officer shall be invalid for the reason that he/she failed to take the oath of office.

B.    The oath of office shall be:

I do solemnly swear or affirm that I will support, obey and defend the constitution of the United States and the constitution of the state of Utah and the laws and ordinances of Midvale City, and that I will discharge the duties of my office with fidelity.

C.    The subscribed oath of all officers shall be filed with the city recorder. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.206), 2007. Formerly 2.16.060)

2.16.270 Disclosure of campaign contributions.

A.    Each candidate for elected municipal office shall report his/her itemized and total campaign contributions and expenditures no later than thirty days after a municipal primary or general election.

B.    Each candidate for municipal office who is not eliminated at a municipal primary election shall file with the municipal clerk or recorder a campaign finance statement no later than seven days before the date of the municipal general election and no later than thirty days after the date of the municipal general election.

C.    Each candidate for municipal office who is eliminated at a municipal primary election shall file with the municipal clerk or recorder a campaign finance statement no later than thirty days after the date of the municipal primary election.

D.    The financial report shall identify:

1.    For each contribution of fifty dollars or more, the name of the donor of the contribution and the amount of the contribution.

2.    For each expenditure, the name of the recipient and the amount of the expenditure.

E.    The statement filed after the election shall include:

1.    A list of each contribution of fifty dollars or more received after the cutoff date for the statement filed before the election and the name of the donor;

2.    An aggregate total of all contributions of fifty dollars or less received by the candidate after the cutoff date for the statement filed before the election and the recipient of each expenditure.

F.    Any person who fails to comply with this section is guilty of an infraction.

G.    The filings required by this section shall be made with the city recorder. The statements so filed shall be public records, of which any person shall, during normal business hours and upon reasonable conditions, be entitled to inspect or make copies. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.207), 2007. Formerly 2.16.070)

2.16.280 Political signs.

A.    Political signs shall not exceed sixteen square feet in size, shall not be placed on public property including telephone poles, street name poles, regulatory signs, or public fencing along streets and highways or on parking strips.

B.    Midvale City may not prohibit political signs that are located more than one hundred fifty feet away from a polling place, but may regulate their placement to protect public safety. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.208), 2007. Formerly 2.16.080)

2.16.290 Political activity of municipal officer or employee.

A.    A municipal officer or city employee shall not engage in the distribution or publication of materials approving or favoring a candidate for nomination or election to public office during working or office hours or in any public building. A municipal officer or employee may not engage in furthering the interests of a candidate for public office through the publication or editing of newspaper articles or other media or announcements or engage in the solicitation of money for the purpose of aiding or defeating the election of any candidate for any public office during office or working hours. A municipal officer or city employee shall not use their office or position for the political enhancement of any individual or group.

B.    A municipal officer or employee may not be a candidate for general election to hold the public office of mayor or council member in Midvale City unless the employee takes a leave of absence according to these regulations or submits a resignation from city employment beginning the day after the primary election in accordance with Section 10-3-1108 of the Utah Code Annotated.

C.    Nothing contained herein shall be construed to interfere with the right of the employee to become a member of a political club or organization, to attend political meetings, to express an opinion on all political subjects and to enjoy freedom from interference in voting or to contribute freely to political causes. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010)

Article III. Appointed Officials and Employees

2.16.300 Structure of administrative branch.

A.    The administrative branch of city government is structured between the city manager and the various departments, boards and commissions, offices and officers designated in this title and other ordinances.

B.    The administrative branch is further structured between the city manager and seven subordinate departments, each administered by a director, who shall be head of that department. These departments shall be:

1.    Administrative services;

2.    Community and economic development;

3.    Fire;

4.    Human resources;

5.    Police;

6.    Public works;

7.    Redevelopment agency.

C.    The mayor and city manager may, with the advice and consent of the city council, appoint assistant city manager(s) as needed to assist with the day-to-day operations of the city.

D.    The assistant city manager will act as interim city manager in the absence of the city manager as indicated in Section 2.16.570.

E.    The mayor and city manager may, with the advice and consent of the city council, create, consolidate, or abolish departments and divisions. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.301), 2007. Formerly 2.16.090)

2.16.310 Duties and responsibilities of department heads.

A.    Each department head shall perform all duties required of his/her office, by state law, by this code and other ordinances of the city, and such other duties not in conflict as may be required by the city manager.

B.    The department heads, subject to the direction and control of the city manager, shall:

1.    Be immediately responsible to the city manager for the effective administration of their respective departments and all activities assigned to their departments.

2.    With the approval of the city manager, develop and maintain an up-to-date departmental policies and procedures manual containing policies, procedures, and instructions for carrying out departmental operations in conformity with law and other city policies and in the most efficient and effective manner possible.

3.    Keep informed as to the latest practices in their particular fields and inaugurate, with the approval of the city manager, such new practices as appear to be of benefit to the administrative service and to the public.

4.    Establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the periodic reports to the city manager.

5.    Have power, when authorized by the city manager, to appoint and remove, subject to personnel rules and regulations, all subordinates within their department.

6.    Exercise authority over all subordinates.

7.    Be responsible for the proper maintenance, care and inventory of all city property and equipment used in his/her department.

8.    Designate, with the approval of the city manager, an assistant director or acting department head to perform such duties as are assigned during his/her absence or inability to act.

9.    With the approval of the city manager, prepare and prescribe rules and regulations, not inconsistent with general law or this title, as the department head deems necessary to ensure efficiency, accountability, and effectiveness in the operation of his/her department.

10.    Assign and reassign subordinates to such offices, duties, and responsibilities as are necessary to accomplish these duties and responsibilities and assignments of the city manager.

11.    Provide for the education and training of subordinates.

12.    Prepare and submit to the city manager a tentative departmental budget.

13.    Be responsible to keep expenditures of the department within the budget approved by the city council.

14.    Deliver all records, documents, and property of every description, belonging to the office or to the city, to his/her successor in office.

Each department head shall have such authority as is necessary to enable him/her to carry out the duties and responsibilities assigned to him/her by this section or by direction of the city manager. The designation of a duty or responsibility shall constitute such authority as is necessary to carry out the duty or responsibility so imposed.

C.    Each department shall furnish, upon the direction of the city manager, any other departmental service, labor and materials as may be requisitioned by the head of such department, through the same procedure and subject to the same audit and control as other expenditures incurred.

D.    All departments within the city shall:

1.    Be open during regular business hours as defined by the city manager.

2.    Pay out monies belonging to the city only in the manner prescribed by law, ordinance, and city policy.

3.    Comply with the Utah Government Records Access and Management Act (GRAMA), Title 63G, Chapter 2, Utah Code Annotated, and any future amendments to provide public access to city records unless prohibited by law.

4.    Comply with the Utah Municipal General Records Retention schedule and any future amendments. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.302), 2007. Formerly 2.16.100)

2.16.320 Oath of office.

A.    Prior to assuming their official duties, the city manager, along with the department heads of the seven subordinate departments as set forth in Section 2.16.300(B), shall each take and subscribe the oath of office designated in subsection (B) of this section. No official act of any municipal officer shall be invalid for the reason that he/she failed to take the oath of office.

B.    The oath of office shall be:

I do solemnly swear or affirm that I will support, obey, and defend the constitution of the United States and the constitution of the state of Utah and the laws and ordinances of Midvale City, and that I will discharge the duties of my office with fidelity.

C.    The subscribed oath of all officers shall be filed with the city recorder. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.303), 2007. Formerly 2.16.110)

2.16.330 Fidelity bonds.

All officers of the city shall be included within the public employee blanket bonds at an amount determined by the governing body, conditioned for the faithful performance of the duties of their offices and the payment of all monies received by such officers according to law and the ordinances of the municipality. The premiums for the bonds shall be paid by the city. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.304), 2007. Formerly 2.16.120)

Article IV. Mayor

2.16.400 Term of office.

The mayor shall be elected for a four-year term of office. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.401), 2007. Formerly 2.16.130)

2.16.410 Duties.

The mayor shall:

A.    Serve as chief executive officer of the city.

B.    Serve as chief administrative officer of the redevelopment agency of Midvale City.

C.    Serve as chair of the city council and preside at all its meetings.

D.    Vote to break a tie vote of the city council.

E.    Vote on an ordinance that enlarges or restricts the mayor’s powers, duties or functions.

F.    Vote on the appointment or dismissal of a city manager.

G.    Execute, on behalf of the city, all bonds, ordinances, and resolutions of the city council, contracts and other written obligations of the city.

H.    Attend and preside at ceremonial activities (including but not limited to ribbon-cuttings, open houses, receptions) in which ceremonial representation is needed or sought.

I.    Represent the city in all its external relationships with the state, the county, other political subdivisions, and such civic, social, and fraternal organizations, including the serving on appointed boards, committees, councils and commissions as provided by law or to which an official, nontechnical representative from the city is sought or needed, unless the city council directs otherwise.

J.    When the mayor acts as spokesperson for the city council, he/she should speak for the majority of the city council; when the mayor is speaking for himself/herself or in his/her capacity as an individual member of the city council, he/she should clearly identify that limited capacity.

K.    Represent the will of the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.402), 2007. Formerly 2.16.140)

2.16.420 Mayor pro tempore.

A.    The mayor pro tempore schedule shall be adopted by resolution on an annual basis with the city council meeting schedule for the year.

B.    The duties of the mayor pro tempore shall be limited to presiding over the meetings of the city council and to signing official documents and other writings acted upon within that meeting over which he/she presided or such writings as are presented to him/her for signature during the period he/she is so acting.

C.    The mayor pro tempore shall act only in case of the inability or refusal of the mayor to act or in the absence of the mayor. The determination as to the inability or refusal to act shall be made by vote of the city council.

D.    The mayor may request any member of the city council to represent the city outside of city council meetings. When no designee is appointed by the mayor, the mayor pro tempore shall represent the city.

E.    If no member of the city council is able to represent the mayor (other than in official city council meetings), the city manager or his designated staff member shall do so. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.403), 2007. Formerly 2.16.150)

2.16.430 Compensation.

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. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.404), 2007. Formerly 2.16.160)

Article V. City Manager

2.16.500 Position created.

The position of city manager is created pursuant to Ordinance No. 03-10-87(A). (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.501), 2007: Ord. 3-10-87(A) § 1, 1987. Formerly 2.16.170)

2.16.510 Appointment.

The mayor, with the advice and consent of the council, shall appoint a city manager to exercise such powers of administration and perform such duties as the mayor shall prescribe. The city manager shall be appointed on the basis of his/her ability and prior experience in the field of public administration, together with such other qualifications as may be prescribed. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.502), 2007: Ord. 3-10-87(A) § 3, 1987. Formerly 2.16.180)

2.16.520 Powers and duties.

The city manager shall:

A.    Faithfully execute and enforce all applicable laws, ordinances, rules and regulations and see that all franchises, leases, permits, contracts, licenses and privileges granted by the city are observed.

B.    Carry out the policies and programs established by the city council.

C.    Organize and direct the management of the administrative affairs of the city in a manner consistent with the Utah Optional Form of Municipal Government Act and with city ordinances.

D.    1. Appoint with advice and consent of the mayor and city council a qualified person to each of the offices of recorder, treasurer, engineer, and attorney;

2.    Appoint with the advice and consent of the mayor and city council the creation of any other office as may be deemed necessary for the good government of the city; and

3.    Regulate and prescribe the powers and duties of all other officers of the city except as provided by law or by ordinance.

E.    Examine and inspect the books, records, and official papers of any office, department, agency, board, or commission of the city and make investigations and require reports from personnel.

F.    Recommend the appointment, suspension, and removal of heads of city offices, departments, internal agencies, and all appointive officers of city boards and commissions, except those boards and commissions which are established by and/or are advisory to the city council.

G.    Establish standards, qualifications, criteria and procedures to govern the appointments, by heads of offices, departments and agencies or by other authorized officers, or divisional officers, assistants, deputies and employees within their respective organizational units, subject to any applicable provisions of the personnel rules and regulations and this title.

H.    Submit to the city council plans and programs relating to the development and needs of the city, and annual and special reports concerning the financial, administrative, and operational activities of city offices, departments, agencies, boards and commissions, together with his/her evaluation and recommendations relating to them.

I.    Attend all meetings of the city council and take part in its discussions and deliberations, but without the right to vote.

J.    Appoint an acting city manager to serve in his/her absence or temporary incapacity, to perform the powers and duties provided for in this article.

K.    Recommend to the city council for adoption such measures as he/she deems necessary or expedient.

L.    Prepare a financial estimate of the annual budget and advise the city council of the financial condition and needs of the city.

M.    Serve as the budget officer of the city.

N.    Serve as the executive director of the redevelopment agency of Midvale City.

O.    Notify the city council of any emergency existing in any department.

P.    Coordinate all city departments in the event of manmade or natural emergencies.

Q.    Schedule and cause notice to be published as may be required by law such public hearings before the city council as are required by law, including but not limited to:

1.    Use of monies obtained from the federal government.

2.    Amendments to city ordinances, when a public hearing is required by law prior to the consideration of such amendment.

3.    Adoption or amendment to city budgets.

R.    Implement and administer, within the budgetary restraints as established by the city council, a plan for the compensation of city employees, including but not limited to a pension system and a system for health and accident care coverage for employees and their dependents.

S.    Approve such expenditures made for official city business, provided such expenditures are within the appropriations contained within the appropriate budget, as adopted by the city council.

T.    Discharge any other duties specified by statute or city ordinance or designated by the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.503), 2007: Ord. 3-10-87(A) § 2, 1987. Formerly 2.16.190)

2.16.530 Supplemental powers and duties.

In addition to the powers and duties enumerated in Section 2.16.520, the city manager may:

A.    Authorize a department head or officer responsible to him/her to appoint and remove subordinates serving under that department head or officer.

B.    Designate himself/herself or some officer or employee to perform the duties of any office or position under his/her control which is vacant or which lacks administration due to the absence or disability of the incumbent.

C.    Assign any employee of the city to any department or branch requiring services appropriate to the personnel system classification of the employees so assigned.

D.    Prescribe such rules and regulations as he/she shall deem necessary or expedient for the conduct of administrative agencies subject to his/her authority, and revoke, suspend or amend any rule or regulation issued by him or any subordinate.

E.    Investigate and examine or inquire into the affairs or operations of any department, division or office; and when so authorized by the council, he/she shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.

F.    Examine all proposed contracts to which the city may be party.

G.    Approve in conformity with personnel rules and regulations increases and bonuses for city employees when appropriate, in compliance with established policies.

H.    Direct any department, division or office to perform the work for any other department, division, or office. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.504), 2007. Formerly 2.16.200)

2.16.540 Working time.

The city manager shall maintain an office in City Hall and spend such time in the performance of his/her duties as is necessary to accomplish his/her duties. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.505), 2007. Formerly 2.16.210)

2.16.550 Removal of city manager.

The city manager shall be appointed by the mayor with the advice and consent of the city council and shall be removed from office only at the request of the mayor and with a two-thirds majority vote of the mayor and city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.506), 2007. Formerly 2.16.220)

2.16.560 Rule-making authority.

The city manager may prescribe rules and regulations, not inconsistent with general law or the municipal administrative code, to ensure efficiency and effectiveness in the operations of city government. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.507), 2007. Formerly 2.16.230)

2.16.570 Emergency interim successors to city manager.

If, because of natural or human-caused disaster or emergency situation, absence, disability or death, the city manager is unable to carry out the duties imposed by this article, the duties and authorities of the city manager shall be exercised by one of the following municipal officials, in the order indicated, until the city manager or a person higher on the priority list becomes capable of exercising such duties:

A.    Assistant city manager/community and economic development director;

B.    Assistant city manager/administrative services director;

C.    Public works director;

D.    Fire chief;

E.    Police chief;

F.    Human resource director;

G.    Redevelopment agency director.

The exercise of emergency interim successor duties pursuant to this section shall be promptly reported to the members of the city council as soon as practical by the person assuming those duties. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.508), 2007. Formerly 2.16.240)

Article VI. Personnel Procedures and Employee Compensation System*

*    The human resource director shall administer the personnel program of the city.

2.16.600 Adoption of personnel rules and regulations manual.

The human resource director shall prepare and present to the city council such personnel rules and regulations as he/she deems necessary. The personnel rules and regulations shall be adopted and amended by resolution of the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.602), 2007. Formerly 2.16.250)

2.16.610 Compensation of employees.

The human resource director shall establish a municipal employees compensation plan, together with accompanying personnel policies and procedures to determine employee compensation for all appointed employees. All city employees, except as otherwise provided by ordinance, shall be compensated for their services in accordance with the plan, according to the grade and step level of the employee as determined by the city manager. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.603), 2007. Formerly 2.16.260)

2.16.620 No property rights in expectation of continued employment.

Notwithstanding anything in any ordinance, resolution, policy, practice or custom of the city, no appointed official or employee shall have any property right in any expectation of continued employment with the city unless expressed in writing, authorized by the city council, and indicating that such an expectation of continued employment was expressly granted by the city council to the employee or official claiming such expectation. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.604), 2007. Formerly 2.16.270)

Article VII. Conflict of Interest*

*    Prior legislation: Ord. 8/21/2007O-11.

2.16.700 Purpose.

The purpose of this article is to establish standards of conduct for municipal officers and employees and to require these persons to disclose actual or potential conflicts of interest between their public duties and their personal interests. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.701), 2007. Formerly 2.16.280)

2.16.710 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Appointed officer” means any person appointed to any statutory office or position or any other person appointed to any position of employment with the city. Appointed officers include, but are not limited to, persons serving on special, regular, or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word “officer” is not intended to make appointed persons or employees “officers” of the municipality.

“Assist” means to act, offer, or agree to act in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice or assistance to such person or business entity and done with the intent to assist such person or business entity.

“Business entity” means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business.

“City-regulated business entity” means any business entity for which Midvale City issues a license, pursuant to any city ordinance, or which the city regulates.

“Compensation” means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity by anyone other than the city for or in consideration of personal services, materials, property or any other consideration whatsoever.

“Economic benefit tantamount to a gift” includes: (1) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and (2) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.

“Elected officer” means any person holding the office of mayor or city council member.

“Financial interest” means: (1) a substantial interest; (2) holding a position in a business entity such as an officer, director, trustee, partner, employee, or the like; or (3) holding any position of management in a business entity.

“Gift” means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, an economic benefit tantamount to a gift, or other item having monetary value, unless consideration of equal or greater value is received.

“Governmental action” means any action on the part of the city, including, but not limited to: (1) any decision, determination, finding, ruling or order; (2) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction or approval, or the denial thereof, or the failure to act in respect thereto; and (3) any legislative, administrative, or discretionary act of any public servant or volunteer public servant upon city approval.

“Improper disclosure” means disclosure of private, controlled, or protected information to any person who does not have both the right and the need to receive the information.

“Municipal body” means any public board, commission, committee, or other public group organized to make public policy decisions or to advise persons who make public policy decisions.

“Municipal employee” means any person who is not an elected or appointed officer who is employed on a full- or part-time basis by the city.

“Outside employment” means any employment, activity, or enterprise for compensation, including self-employment, performed by a public servant apart from his or her official assigned duties and required duty times for the city.

“Substantial interest” means the ownership, either legally or equitably, by an individual, his/her spouse, or his/her minor children, of at least ten percent interest in any business entity. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.702), 2007. Formerly 2.16.290)

2.16.720 Conflict disclosure and disqualification because of personal interest.

A.    Disqualifying Personal Interest. Whenever the performance of an employee’s, officer’s, or volunteer’s official duty shall require any governmental action on any matter involving the employee’s, officer’s, or volunteer’s financial, professional or personal interests, and it is reasonably foreseeable that the decision will have an individualized material effect on such interest, distinguishable from its effect on the public generally, the public servant or volunteer public servant shall disclose such matter in writing as follows:

1.    In the case of the mayor, to the city council;

2.    In the case of the council members, to the mayor and the city council;

3.    In all other cases, to the city manager and to the members of the body, if any, of which the employee, officer, or volunteer is a member.

The disclosure shall be made in the manner prescribed in this chapter and shall identify the nature and extent of such interests.

B.    Recusal. The employee, officer, or volunteer shall disqualify and recuse himself or herself from participating in any deliberation on any matter requiring disclosure, as well as from voting on such matter. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.703), 2007. Formerly 2.16.300)

2.16.730 Prohibited acts designated.

A.    Prohibited Disclosure and Wrongful Use of Position. A public servant or volunteer public servant may not:

1.    Unless otherwise allowed by law, disclose confidential information acquired by reason of the employee’s, officer’s, or volunteer’s official position or in the course of official duties or use such information in order to:

a.    Substantially further the employee’s, officer’s, or volunteer’s personal, financial, or professional interest or the personal, financial, or professional interest of others; or

b.    Secure special privileges or exemptions for the employee, officer, volunteer or others; or

2.    Use or attempt to use the employee’s, officer’s, or volunteer’s official position to:

a.    Further the employee’s, officer’s, or volunteer’s personal, financial, or professional interest or the personal, financial, or professional interest of others;

b.    Secure special privileges, treatment, or exemptions for the employee, officer, volunteer or others. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.704), 2007. Formerly 2.16.310)

2.16.740 Disclosure of interest in business entity.

A.    Disclosure to City. Every employee, officer, or volunteer who is also an officer, director, agent, employer, or employee of any business entity or the owner of a substantial interest in any business entity subject to city regulation shall disclose, as hereafter provided, any such position or employment and the nature and value of such position or employment.

B.    Time of Disclosure. Employees, officers, and volunteers shall make such disclosures within thirty days after being appointed or elected or otherwise commencing their employment or public service and again during January of each calendar year, if such employee’s, officer’s, or volunteer’s position:

1.    In the business entity has changed or if the value of such employee’s, officer’s, or volunteer’s interest in the entity has materially increased since the last disclosure; or

2.    Was filed prior to the effective date of the ordinance codified in this chapter.

C.    Form and Place of Filing Disclosure. Disclosures shall be made in a sworn written statement in a form prescribed by the city and shall be filed with the city recorder; however, in the case of disclosure by the mayor or a city council member, it shall also be filed with the city council within thirty days after the statement is received. Unless otherwise provided by the law, the disclosure statements are public records and shall be made available for inspection by members of the city council and the public, upon request.

D.    Value of Interest. Notwithstanding the above, this section does not apply to instances where the value of the interest does not exceed two thousand dollars. Life insurance policies and annuities are not included in this disclosure requirement and shall not be considered in determining the value of any such interest. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.705), 2007. Formerly 2.16.320)

2.16.750 Transactions involving the city.

A.    Disclosure Required. No employee, officer, or volunteer shall receive or agree to receive compensation from anyone other than the city for assisting any person or business entity in any transaction involving the city, unless he or she shall file a sworn written statement giving the information required by this section and disclose in an open meeting to the members of the body, if any, of which he or she is a member. Said disclosure shall be made in writing prior to the discussion on the matter and include the following information:

1.    The name and address of the employee, officer, or volunteer involved;

2.    The name and address of the person or business entity being or to be so assisted, or in which the employee, officer, or volunteer has a substantial interest; and

3.    A brief description of the transaction as to which service is rendered or is to be rendered and of the nature of the service performed to be performed.

This section shall not be construed to allow actions which are otherwise prohibited by city ordinances or state law.

B.    Time and Location of Disclosure Filing. The statement required to be filed by this section shall be filed within ten days before the date of any agreement between the employee, officer, or volunteer and the person or business entity to be assisted or ten days before receipt of compensation by the officer or employee, whichever time is earlier:

1.    With the city recorder;

2.    With the affected body of which the employee, officer, or volunteer is a member.

C.    Disclosure is Public Record. The disclosure statement shall be deemed public information and shall be available for examination by the public. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.706), 2007. Formerly 2.16.330)

2.16.760 Accepting or making gifts.

A.    In General. No employee, officer, or volunteer shall knowingly receive, accept, take, seek or solicit, directly or indirectly, for himself or herself or another, a gift that the employee, officer, or volunteer knows, or with the exercise of reasonable care should know:

1.    Would influence the recipient to depart from the faithful and impartial discharge of his or her public duties; or

2.    Is primarily for the purpose of rewarding the employee, officer, or volunteer for official action taken or not taken.

B.    No Solicitation of Gifts for Personal Matters. Except for gifts described as exceptions in subsection (C) of this section, no public servant shall seek or solicit, or receive, directly or indirectly, any gift for the purpose of addressing or dealing with personal matters or other matters not involving official city business.

C.    Prohibition Exceptions. Except as otherwise provided in this subsection, this article does not prohibit accepting:

1.    Campaign Contributions. A political campaign contribution covered or regulated by Section 2.16.270 or its successor provisions.

2.    Loan. A bona fide loan made in the ordinary course of business.

3.    De Minimis Nonpecuniary Gifts. An occasional nonpecuniary gift having a value of less than fifty dollars, or any other amount provided in the corresponding provision of the Municipal Officers’ and Employees’ Ethics Act, Title 10, Chapter 3, part 13, of the Utah Code Annotated, or any successor provisions.

4.    Awards for Public Service. An award publicly presented in recognition of public services.

D.    Gifts in Another’s Name Prohibited. No person shall make, for the direct benefit of an elected officer or employee, a gift:

1.    In the name of another person;

2.    With another person’s funds in his or her own name; or

3.    Made on behalf of another person. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.707), 2007. Formerly 2.16.340)

2.16.770 Coercion of business or contributions.

No employee, officer, or volunteer shall in any manner intimidate or coerce another employee, officer, or volunteer who is subordinate to him or her, to do business with him or her or to make any financial contribution to any cause, charity, or undertaking. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.708), 2007. Formerly 2.16.350)

2.16.780 Acquiring interest in a business entity.

No employee, officer, or volunteer shall acquire an interest in a business entity at a time when such employee, officer, or volunteer believes or has reason to believe, based on information not available to the general public, that such business entity will be substantially and directly affected by any contract, transaction, zoning decision or other official city action. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.709), 2007. Formerly 2.16.360)

2.16.790 Inducement to violate prohibited.

It is a Class A or B misdemeanor for any person to induce or seek to induce any employee, officer, or volunteer to violate any of the provisions of this article. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.710), 2007. Formerly 2.16.370)

2.16.800 Employee appeals.

Notwithstanding any other provision of this article, an employee or officer who is found to have violated any of the provisions of this article, and has had employment discipline imposed, may have such discipline reviewed in accordance with and as provided by law applicable to said employee, including those for career service and civil service systems, if any. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.711), 2007. Formerly 2.16.380)

2.16.810 Voidable transactions.

Any contract or transaction which was the subject of governmental action by the city and which involved the violation of a provision of this article is voidable, at the option of the city. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.712), 2007. Formerly 2.16.390)

2.16.820 Violation—Penalty.

In addition to any penalty provided herein or allowed in law, any person who knowingly and intentionally violates the provisions of this article shall be dismissed from employment or removed from office and is subject to being charged with:

A.    A felony of the second degree if the total value of the compensation, conflict of interest, or assistance exceeds one thousand dollars;

B.    A felony of the third degree if:

1.    The total value of the compensation, conflict of interest, or assistance is more than two hundred fifty dollars but not more than one thousand dollars; or

2.    The elected or appointed officer or municipal employee has been twice before convicted of violation of this chapter and the value of the conflict of interest, compensation, or assistance was two hundred fifty dollars or less;

C.    A Class A misdemeanor if the value of the compensation or assistance was more than one hundred dollars but does not exceed two hundred fifty dollars; or

D.    A Class B misdemeanor if the value of the compensation or assistance was one hundred dollars or less. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.713), 2007. Formerly 2.16.400)