Chapter 2.25
APPOINTED OFFICES
Sections:
2.25.020 Appointment and vacancies.
2.25.060 Conflicts of interests.
2.25.010 Appointed offices.
The City Council may create any appointed office deemed necessary for the government of the City and shall prescribe the powers and duties to be performed by appointed officials, including, but not limited to, the City Administrator, the City Recorder, the City Treasurer, the City Attorney, the City Engineer, the City Police Chief, the City Justice Court Judge, and department heads. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 2.05.010.]
2.25.020 Appointment and vacancies.
The Mayor, with the advice and consent of the City Council, may appoint and fill vacancies in all appointed offices provided for by law or ordinance. Except as otherwise provided by law, the term of office of all appointed officers shall be until their respective successors are chosen and qualified, unless they are sooner removed by the Mayor with the concurrence of a majority of the members of the City Council, or by the City Council with the concurrence of the Mayor. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.020.]
2.25.030 Bond.
(A) Required. Before commencing the duties of office, the City Recorder and City Treasurer shall execute a bond with good and sufficient sureties payable to the City or shall be included within public employee blanket bonds conditioned for the faithful performance of the duties of his office and the payment of all moneys received by such officer according to the law and the ordinances of the City in the applicable amount set forth by the State Money Management Council. In the event that someone other than the City Treasurer is disbursing funds, that person shall be bonded as well.
(B) Limitation on Treasurer’s Bond. The City Treasurer’s bond may not be set at an amount less than that established by the State Money Management Council pursuant to Utah Code.
(C) Filed. All bonds shall be filed with the City Recorder, except the City Recorder’s bond, which shall be filed with the City Treasurer.
(D) Premium Charge. The premium charge by a corporate surety for any official bond shall be paid by the City.
(E) Additional Bonds. The City Council may at any time require further and additional bonds of any or all appointed officers of the City by resolution or ordinance. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.030.]
2.25.040 Salaries.
(A) Salary. Appointed officers shall receive such compensation for their services as the City Council may fix or amend by ordinance in accordance with notice and hearing requirements set forth in Utah Code.
(B) Monthly Compensation. Unless otherwise provided by ordinance, the compensation of municipal officers shall be paid at least monthly. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Ord. 09-07 § 1; Ord. 07-10 § 1; Code 1971 § 2.05.040.]
2.25.050 Transfer of records.
Every officer of the City, upon expiration of his term for any cause whatsoever, shall deliver to his successor all books and records which may be the property of the City immediately after notification and/or request to do so. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.050.]
2.25.060 Conflicts of interests.
All appointed officers of the City shall annually disclose conflicts of interest and otherwise adhere to provisions of the Utah Officers’ and Employees’ Ethics Act, set forth in Utah Code, hereby adopted by reference as if fully set forth herein. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.060.]
2.25.070 City Recorder.
(A) Appointment. On or before the first Monday in February following a municipal election, the Mayor, with the advice and consent of the City Council, shall appoint a qualified person to the office of City Recorder.
(B) Office. The City Recorder shall occupy an office in the City offices or at some other place convenient thereto as the City Council may direct.
(C) Corporate Seal. The City Recorder shall keep the Corporate Seal. When certified by the City Recorder under the Corporate Seal, copies of all papers filed in the City Recorder’s office and transcripts from all records of the City Council shall be admissible in all courts as originals.
(D) Meetings of City Council. The City Recorder, or his designee, shall attend meetings and keep the record of the proceedings of the City Council.
(E) Actions of City Council. The City Recorder shall record all ordinances, resolutions, and regulations passed by the City Council.
(F) Contracts. The City Recorder shall countersign all contracts made on behalf of the City or to which the City is a party and shall maintain a properly indexed record of all such contracts.
(G) Elections and Appointments. The City Recorder shall manage all municipal election procedures and requirements as provided in Utah Code Annotated, as amended, and shall keep a record of all persons elected or appointed to any office within the City, including the date of appointment or election, term of office, date of death, resignation, or removal, and name of person appointed to fill any vacancy. Notwithstanding this section, the City Council shall determine by resolution whether a municipal election shall be administered entirely by absentee ballot, as provided in Section 20A-3-302, Utah Code Annotated 1953.
(H) Records of the City. The City Recorder shall keep all of the books, records, accounts and documents of the City at the Recorder’s office. Such records shall be open for public inspection pursuant to the provisions of the Utah Government Records Access and Management Act.
(I) Limitations. The City Recorder shall not serve as the City Treasurer.
(J) Additional Duties. The City Recorder shall perform such other and further duties as the City Council may provide by ordinance, resolution, regulation, or directive. [Ord. 16-12 § 1 (Exh. A); Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Ord. 07-01 § 1 (Exh. A); Code 1971 § 2.05.070.]
2.25.080 City Treasurer.
(A) Appointment. On or before the first Monday in February following a municipal election, the Mayor, with the advice and consent of the City Council, shall appoint a qualified person to the office of City Treasurer.
(B) Custodian. The City Treasurer shall be the custodian of all money, bonds, or other securities belonging to the City.
(C) Collections. The City Treasurer shall collect and receive all moneys payable to the City, including taxes, assessments, licenses, fines, forfeitures, service charges, fees and other revenues of the City. The City Treasurer shall keep an accurate account of all moneys received hereunder and shall promptly deposit all such moneys in the appropriate bank accounts of the City.
(D) Receipts. The City Treasurer shall give or cause to be given to every person paying money to the City Treasury, a receipt or other evidence of payment therefor, specifying the date of payment and the amount paid. The City Treasurer shall file the duplicate of such receipt, a summary report, or other evidence of payment in the office of the City Recorder.
(E) Checks. The City Treasurer, or other designated person, shall sign all checks and shall, prior to affixing said signature, determine or cause to be determined that sufficient funds are on deposit in the appropriate bank account of the City to honor such check.
(F) Warrants. The City Treasurer shall pay all warrants in the order in which presented and as money becomes available for payment thereof in the appropriate funds of the City. The City Treasurer shall note upon the back of each warrant presented the date of presentation and the date of payment.
(G) Special Assessments. All moneys received by the City Treasurer on any special assessment shall be applied to the payment of the improvement for which the assessment was made.
(H) Accounting. The City Treasurer shall keep an accurate and detailed accounting of all transactions, receipts, collections, disbursements and other matters within the Treasurer’s charge as provided by state law or as the City may by ordinance or resolution direct.
(I) Limitations. The City Treasurer shall not serve as the City Recorder.
(J) Additional Duties. The City Treasurer shall perform such other and further duties as the City Council may provide by ordinance, resolution, or regulation. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.080.]
2.25.090 City Police Chief.
(A) Appointment. On or before the first Monday in February following a municipal election, the Mayor, with the advice and consent of the City Council, shall appoint a qualified person to the office of City Police Chief.
(B) Duties. The Police Chief shall have the same authority and responsibilities as sheriffs and constables of Davis County, Utah, pursuant to provisions of Utah Code, and shall:
(1) Suppress riots, disturbances, and breaches of the peace;
(2) Apprehend all persons violating state laws or City ordinances;
(3) Diligently discharge his or her duties and enforce all ordinances of the City to preserve the peace, good order, and protection of the rights and property of all persons; attend the municipal Justice Court of the City when required, provide security for such Court, and obey its orders and directions; and
(4) Additional Duties. The City Police Chief shall perform such other and further duties as the City Council may provide by ordinance, resolution, or regulation. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.05.090.]