Chapter 2.24
CITY COMMITTEES
Sections:
Article I. General Provisions
2.24.100 Formation of committees.
2.24.110 Appointment—Qualifications—Term of committee members.
Article II. Employees Appeal Board
2.24.200 Membership—Meetings.
2.24.210 Appeal procedure.
Article III. Community/Neighborhood Organization Recognition
2.24.300 Purpose.
2.24.310 Recognition of neighborhood organizations.
2.24.320 Participation.
2.24.330 Open and public meetings.
2.24.340 Minutes and GRAMA.
2.24.350 Notification policy.
2.24.360 Organization entitled to notice.
2.24.370 Required notices.
2.24.380 Participation in the planning process.
2.24.390 Open process.
2.24.400 Budget.
2.24.410 Volunteer status and partial indemnification.
Article I. General Provisions
2.24.100 Formation of committees.
The city council may form committees composed of its own members and/or others for such purposes as it deems appropriate. (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)(2.6.101), 2007. Formerly 2.24.010)
2.24.110 Appointment—Qualifications—Term of committee members.
The following provisions shall govern all committees of the city, unless otherwise specifically provided by law:
A. Definitions. As used in this chapter, the term “committee” includes every committee of the city either individually or collectively. Any and all committees established pursuant to this chapter have no authority to bind the city or impose any conditions on the city or its citizens and are not vested with the authority to make decisions regarding the public’s business.
B. Terms. The terms for each committee shall be three calendar years, unless otherwise specifically provided by law. The initial terms for committees may be shortened by the city council, so as to achieve a staggering of term expirations and to maintain continuity of the committee. The term of each committee member shall expire:
1. On December 31st of the last year of the expiring term; or
2. In the circumstance where city residency is a requirement, the date when the said member ceases to maintain his/her legal primary domicile and residence in the city.
C. Appointment of Officers.
1. Chairpersons. At one of its regular meetings in January of each year, each city committee of Midvale City shall nominate a member to serve as chairperson and another to serve as vice-chairperson. The chairperson and vice-chairperson shall each be appointed for a one-calendar-year term or until their successor is appointed, whichever time is longer.
2. Secretary. Each committee shall appoint a secretary from among its members in their first meeting of each calendar year. The secretary is responsible for keeping minutes of meetings.
D. Vacancies. Vacancies occurring on any committee shall be filled by the committee for the remainder of the unexpired term of the original appointment.
E. Qualifications—Residency Requirement. Unless otherwise specifically provided in this chapter, the following conditions and restrictions apply to all committees:
1. Residency. Voting membership on any committee is limited to residents of the city and to persons eighteen years of age or older; provided, that nonresidents may be appointed, if the committee makes a finding that special expertise, unique needs of the committee or special circumstances make such a nonresident appointment to be in the public interest.
2. Nonresidents. Nonvoting or ex-officio members may be any interested person over the age of eighteen.
3. Term Limits. Committee members may only serve for two consecutive terms on any one committee.
4. Six-Year Service Limit. No committee member may be appointed or re-appointed if the consecutive years of service would exceed six consecutive calendar years on any one city committee. For purpose of the six-year limitation, service for part of a year shall be deemed service for a full year; further, service rendered on a committee to fill the unexpired term of another member shall be included in the six-year limitation calculation. All existing members shall be allowed to complete the term being served at the time of the effective date of the ordinance codified in this chapter.
5. Re-Appointment after Service Break. A qualified person may be re-appointed after serving six consecutive years, plus any additional time permitted under this section, if there has been a break in service of at least one calendar year.
F. Quorum. A quorum is necessary to conduct business. A quorum shall consist of a simple majority of the voting committee members.
G. Existing Council and Creation of New Council Committees by Resolution. The council may, by resolution, create committees to assist it in performing city business.
H. Meetings. The committees shall set their own meeting schedule. Committee meetings shall be open to the public.
I. Council Liaison. The city council shall assign one of its members to serve as a liaison representative to each committee; however, failure to do so or the failure of the liaison representative to attend any meeting shall not affect the validity of any otherwise lawful act of the committee. This liaison position shall be a nonvoting ex-officio member.
J. Budget. The committee chair may prepare and recommend to the city manager a budget not later than March 1st of each year. Within thirty days following the close of the city fiscal year, organizations receiving funding from the city shall file a detailed financial statement with the city’s administrative services director. The statement shall be in a form provided by the city and shall set forth all revenues and expenditures for the prior year.
K. Compensation. The chairperson and members of all committees, except sub-committee members, shall serve without compensation, unless otherwise specifically provided for in state or city law. Notwithstanding any provision to the contrary, a committee member may not receive any remuneration, pay, stipend, or other consideration of monetary value from any committee or city resources attributable to or budgeted for any committee created under this title. No committee member may vote for a contract or to obtain a service or product that would employ or financially better that committee member. All committee members shall comply with all requirements of the conflict of interest ordinance in Chapter 2.16, Article VII.
L. Termination or Removal. Each committee member serves at the pleasure of the city and may be terminated, without cause, by the city council, unless a showing of cause is specifically required for terminating a given committee member by state law.
M. Liability Coverage and Indemnification. Recognized city organizations and their officers, trustees and directors shall be indemnified by the city pursuant to the Utah Governmental Immunity Act as available in any civil action which may arise from determinations and recommendations or actions made within the scope of performance of their duties under this chapter. This defense and indemnification obligation on behalf of the city shall be limited to only those determinations and recommendations and shall not extend to any physical activities of the committees or their members such as use of a private vehicle, inspecting property or other similar activities. This provision shall not be deemed a waiver of any claim for immunity from suit on behalf of the volunteer.
N. Budget Limitation and Fiscal Controls. No committee has the power or authority to contractually bind or obligate the city. Each committee will follow the city procurement and contracting protocols, policies, and laws. Each committee shall comply with the fiscal and accounting controls established by the city manager. Any obligation or encumbrance incurred by any member of the committee in excess of such limitations or appropriated funds, if any, shall not be deemed an obligation of the city or the committee.
O. Rules, Policy, Procedure. Each committee may adopt rules of conduct and procedure for its own organization and for the transaction of business that are not inconsistent with state law or provisions of city ordinances.
P. Conflict of Interest. Each committee member shall become familiar with and comply fully with the requirements of the city’s conflict of interest ordinance in Chapter 2.16, Article VII, or any successor provision. (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)(2.6.102), 2007. Formerly 2.24.020)
Article II. Employees Appeal Board
2.24.200 Membership—Meetings.
A. Employee Membership. The appointed employee appeal board shall consist of five members. Two members shall be chosen by and from the employees of the city, one member shall be a department director, and two members shall be city council members appointed by the mayor, with the advice and consent of the city council.
B. Election of Employee Representatives. At least thirty days prior to the first Tuesday of even-numbered calendar years, the city recorder shall notify the appointive officers and employees of the city that anyone interested in being on the appeal board must submit his/her name to the city recorder no later than December 15th. During the month of January of even-numbered years, the city recorder shall arrange that employees of the city, other than senior management, shall vote by secret ballot for two separate persons to serve on the appeal board for a two-year term. The city recorder will count the ballots. The individuals chosen shall then be placed upon an eligibility list to serve on the appeal board. This list shall be listed according to the number of votes received. The two employees receiving the highest number of votes in the election shall serve as the appointed employee members of the appeal board, unless otherwise disqualified or unable to serve.
C. Filling Vacancy. If a vacancy, inability to serve or disqualification occurs on the appeal board within the two-year period, that board member shall be replaced by the person from the eligibility list receiving the next highest number of votes in the previous election. The replacement board member must be qualified and able to serve.
D. Management Memberships. During the month of January of even-numbered years, the city manager shall designate in writing one member of senior management personnel of the city to serve on the appeal board for a two-year term. The city manager may also designate from its senior city management alternate members of the appeal board, who will serve in the absence, inability or disqualification of the member so appointed when designated by the city manager or the appeal board chairperson.
E. Recusal for Conflict of Interest. Any member of the appeal board who is simultaneously employed within the department for which the appealing employee works or who shall be related to the appealing employee through blood, adoption or marriage shall not participate as a member of the appeal board considering such appeal. The member so disqualified shall be replaced for that appeal, as provided in this section.
F. Compensation. Members of the appeal board shall receive no compensation for their services; however, said members shall receive their regular city salary during the time they perform duties on the appeal board.
G. Terms. The terms of the appeal board shall be for a period of two calendar years.
H. Eligibility for Re-Appointment. All appeals board members shall be eligible for re-appointment or re-election.
I. Quorum—Voting. Three members of the appeal board in attendance at any meeting shall constitute a quorum; however, at least one elected or senior management member must be in attendance to constitute a quorum. The appeal board shall not take any action on any matter, unless a quorum shall be present. Three affirmative votes are needed to overturn or affirm a decision appealed to the appeal board.
J. Voting Right—Selecting Chair. All members of the appeal board shall be voting members and shall choose from among their body one member to act as chairperson. The member chosen to act as chairperson shall act to assure the orderly conduct of all proceedings and shall not forfeit any right, duty or privilege, as a result of being chosen to act as chairperson.
K. Jurisdiction. The appeals board shall have the right and obligation to hear appeals from discharges or disciplinary transfers of all officers and employees who are not at-will or covered under the provisions of Section 10-3-1106 of the Utah Code Annotated, or its successor provision. (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)(2.6.201), 2007: Ord. 2/1/2005O-2 (part), 2005: Ord. 10-4-83A, 1983. Formerly 2.24.030)
2.24.210 Appeal procedure.
A. Notice of Appeal. An appeal of a disciplinary action within the jurisdiction of the board shall be taken by filing written notice of the appeal with the city recorder, within ten working days after the discharge or transfer is complete. Upon the filing of the appeal, the city recorder shall promptly refer a copy of the appeal to the appeal board. Upon receipt of the referral from the city recorder, the appeal board shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the matter.
B. Right to Counsel. The employee shall be entitled to minimum due process of law, including the right to appear in person; be represented by counsel, at the expense of the employee; have a public hearing; confront the witness whose testimony is to be considered; and examine the evidence to be considered by the appeal board.
C. Subpoenas. The appeal board shall have the power to subpoena witnesses and compel the production of books, papers and any other evidence, as may be relevant to any investigation and a fair hearing or decision.
D. Jurisdiction of Appeals Board. The employee appeal board shall have jurisdiction, pursuant to Section 10-3-1105 of the Utah Code Annotated, and Section 10-3-1106 of the Utah Code Annotated. The scope of the inquiry of the appeals board shall be limited to determine if:
1. There was just cause for the demotion, transfer or termination of the employee; and
2. If the department head and/or his/her subordinates substantially complied with the appropriate rules and regulations concerning the demotion, transfer or termination imposed upon the employee. Nonetheless, the appeals board shall have no power to inquire into the merits of discipline previously imposed against the employee.
E. Employee Right to Record of Transcript. If a written record or transcript of any proceeding of the appeal board is requested, the party requesting any such record or transcript shall provide for the preparation of such record or transcript, including the payment of all involved costs.
F. Decision—Vote—Time—Content. The decision of the appeal board shall be by secret ballot and certified in writing to the city recorder within fifteen days from the date the matter was referred to it. For good cause, the board may extend the fifteen-day period to a maximum of sixty days, if the employee and municipality both consent. If justice requires, the board’s decision may provide that an employee shall receive his/her salary for:
1. The period of time during which said employee was wrongfully discharged or suspended without pay; or
2. For any deficiency in salary during the period the employee was transferred to a position of less remuneration.
G. Certify Final Decision to Parties. Following the decision of the appeal board, the city recorder shall, within thirty days, certify written copies of the decision to individuals concerned.
H. Appeal to Court of Appeals. A final action or order of the appeal board may be appealed to the Utah Court of Appeals by filing with that court a notice of appeal. Each notice of appeal shall be filed within thirty days after the issuance of the final action or order of the appeal board. The Court of Appeals’ review shall be strictly based on the record of the appeal board and for the sole purpose of determining whether the appeal board abused its discretion or exceeded its authority. (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)(2.6.202), 2007: Ord. 2/1/2005O-2 (part), 2005. Formerly 2.24.040)
Article III. Community/Neighborhood Organization Recognition
2.24.300 Purpose.
It is the policy of Midvale City to recognize neighborhood-based community organizations for the purpose of informing the citizens of relevant city business and decisions; providing citizen input and information regarding planning and development issues to the city planning process; improving public health and safety through communication with public safety agencies; and enhancing the social and cultural well-being of the city. They should also act as an information network to the community at large. This chapter provides a process for such recognition and notification. (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)(2.6.301), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.050)
2.24.310 Recognition of neighborhood organizations.
A. All organizations recognized pursuant to this chapter shall comply with the following conditions:
1. Must be organized and filed with the state of Utah as not-for-profit corporations and in good standing with the state to be recognized.
2. To obtain recognition, all community-based organizations shall submit to the city recorder for review and approval the following information:
a. Articles of incorporation and bylaws of the community-based organization;
b. Bylaws shall contain a provision against discrimination and encouraging representation and participation from all qualified members;
c. A list of officers, directors, or trustees of the organization together with their addresses and the address to which any notice to the organization should be sent;
d. Not later than January 31st of each year any recognized organization seeking continuing recognition shall submit to the city recorder any changes in the information specified in subsections (A)(2)(a) and (b) of this section and a list of each meeting held by the organization in the preceding year; a description of the election procedures for officers, directors or trustees of the organization; and copies of all minutes.
B. Neighborhood and community-based organizations that fully comply with this section shall be recognized.
1. Membership in any neighborhood or community-based organization shall be open to anyone residing within or owning property within the boundaries of the organization.
2. The number, name, or boundaries of any community or neighborhood organization may be amended by the city council upon petition from a city council member, or from a neighborhood or community organization recognized under this chapter.
3. All neighborhood or community organizations affected by such a petition shall hold a public hearing on the amendment request not less than fifteen or more than forty-five days after written notice of the request is received.
4. Within forty-five days after the hearings before the affected community or neighborhood organization the city council shall hold a public hearing on the amendment request.
C. All organizations recognized pursuant to this chapter shall strictly comply with the provisions of the open meeting laws of the state, Chapter 52-4 of the Utah Code Annotated. Under no circumstances shall any neighborhood or community-based organization be authorized to hold a closed meeting. Holding such a meeting shall be grounds to immediately terminate recognition of the organization without notice. (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)(2.6.302), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.060)
2.24.320 Participation.
Recognized organizations shall be encouraged to make recommendations to the mayor and city council on all matters affecting the city or the organization’s community or neighborhood. Recognized organizations shall be part of the city’s notification process provided by Section 2.24.360. (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)(2.6.303), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.070)
2.24.330 Open and public meetings.
Each recognized organization shall comply with all requirements of the Utah Open and Public Meetings Act, including posting agendas and keeping the meetings that are open to the general public as required by law. (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)(2.6.304), 2007. Formerly 2.24.080)
2.24.340 Minutes and GRAMA.
Each committee will keep minutes of each of its meetings. Each will maintain, make public records and provide public access to said records, in compliance with the Utah Government Records Access and Management Act. (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)(2.6.305), 2007. Formerly 2.24.090)
2.24.350 Notification policy.
It is the policy of Midvale City to notify recognized or registered organizations of activities affecting or of interest to the organization and to seek their input. (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)(2.6.306), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.100)
2.24.360 Organization entitled to notice.
A. A recognized organization pursuant to Section 2.24.310 shall receive notices and may participate in the process established by this chapter.
B. Any other entity, organization or person may register on an annual basis with the city recorder to receive notices specified in this chapter. (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)(2.6.307), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.110)
2.24.370 Required notices.
A. The planning and zoning commission will submit to each recognized or registered organization copies of the planning commission public meeting agendas and shall also submit to neighborhood and community organizations applications for changes in zoning ordinances or conditional use applications pertaining to territory located within three hundred feet of the border of such recognized organization.
B. Board of adjustment agendas will be sent to all organizations recognized pursuant to this chapter.
C. The failure to give proper notice under this section shall not affect the validity of any act or decision of the city and shall not give rise to any private right of 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)(2.6.308), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.120)
2.24.380 Participation in the planning process.
A. Recognized and registered organizations are encouraged to make recommendations concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following:
1. The nature of the meeting at which the organization’s recommendation was obtained (i.e., executive committee, board, general membership, or otherwise);
2. The notice procedure for the meeting at which such recommendation was made;
3. The vote on such recommendation;
4. Any dissenting reports.
B. The Midvale City planning division shall encourage all zoning petition and/or conditional use applicants to meet with affected recognized organizations to discuss and receive input on the petition or application proposal prior to scheduling the matter for consideration by the planning commission.
C. The city reserves the right to accept or reject recommendations either in whole or in part. (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)(2.6.309), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.130)
2.24.390 Open process.
The notification and participation process specified in this chapter is not intended to preclude the participation in any public hearing by individuals or entities on their own behalf. All citizens of Midvale City affected by the decision are invited and encouraged to participate. (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)(2.6.310), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.140)
2.24.400 Budget.
A. The city council may budget annually a reasonable amount of money for recognized and registered organizations for administrative costs, including but not limited to postage, stationery and duplication costs, and meeting notice publication.
B. Recognized and registered organizations shall establish a fiscal year in their bylaws that corresponds to the fiscal year of the city and make annual written budget requests to the city not later than March 1st of each year.
C. Within thirty days following the close of the fiscal year, organizations receiving funding from the city shall file a detailed financial statement with the city administrative services director. The statement shall be in a form provided by the city and shall set forth all revenues and expenditures for the prior year. (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)(2.6.311), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.150)
2.24.410 Volunteer status and partial indemnification.
A. Recognized organization members shall be considered volunteers and not employees, agents, officials or officers of Midvale City and shall have no authority, either express or implied, to bind the city to any agreements, contracts, resolutions or any other actions of the organizations.
B. Recognized organizations and their officers, trustees and directors shall be indemnified by the city pursuant to the Utah Governmental Immunity Act as available in any civil action, which may arise from determinations and recommendations or actions made within the scope of performance of their duties under this chapter. This defense and indemnification obligation on behalf of the city shall be limited to only those determinations and recommendations and shall not extend to any physical activities of the recognized organizations or their members such as use of a private vehicle, inspecting property or other similar activities. This provision shall not be deemed a waiver of any claim for immunity from suit on behalf of the volunteer. (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)(2.6.312), 2007: Ord. 10-27-98 (part), 1998. Formerly 2.24.160)