Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 580
Approved for Filing: M. Cipriano 6
          6 02-20-24 8:16 AM 6
                         MUNICIPAL ELECTION AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Nelson T. Abbott
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies a municipal council's dismissal power.
 Highlighted Provisions:
        This bill:
        < provides that, during an interim vacancy period, the council in a six-member or
 five-member form of municipal government, may not adopt an ordinance
 establishing a more restrictive procedure for the dismissal of a municipal manager;
 and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        10-3b-303, as last amended by Laws of Utah 2011, Chapter 209
        10-3b-403, as last amended by Laws of Utah 2011, Chapter 209
25
                                                                                                H.B. 580
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-3b-303 is amended to read:
     *HB0580*
       H.B. 580                                                                 02-20-24 8:16 AM
        10-3b-303. Council in six-member council form of government.
        (1) The council in a municipality operating under a six-member council form of
 government:
        (a) exercises any executive or administrative power and performs or supervises the
 performance of any executive or administrative duty or function that:
        (i) has not been given to the mayor under Section 10-3b-104; or
        (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
 mayor under Subsection (1)(b)(i)(A);
        (b) may:
        (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
        (A) removing from the mayor any power, duty, or function of the mayor under Section
 10-3b-104; or
        (B) reinstating to the mayor any power, duty, or function previously removed under
 Subsection (1)(b)(i)(A);
        (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
 duty, or function that the council has under Subsection (1)(a);
        (iii) subject to Subsection 10-3b-302(1)(b)(ii)(A):
        (A) appoint, subject to Subsections (3) and (4), a manager to perform executive and
 administrative duties or functions that the council by ordinance delegates to the manager,
 subject to Subsection (1)(c); and
        (B) subject to Subsection (3), dismiss a manager appointed under Subsection
 (1)(b)(iii)(A); and
        (iv) assign any or all council members, including the mayor, to supervise one or more
 administrative departments of the municipality; and
        (c) may not remove from the mayor or delegate to a manager appointed by the council:
        (i) any of the mayor's legislative or judicial powers or ceremonial functions;
        (ii) the mayor's position as chair of the council; or
        (iii) any ex officio position that the mayor holds.
        (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
 the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative
 vote of:
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       02-20-24 8:16 AM                                                                      H.B. 580
         (a) the mayor and a majority of all other council members; or
         (b) all council members except the mayor.
         (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
 time that:
         (i) begins on the day on which a municipal general election described in Section
 10-3-201 is held to elect a council member; and
         (ii) ends on the day on which the council member-elect begins the council member's
 term.
         (b) (i) [The council may not appoint a manager during an interim vacancy period.]
 During an interim vacancy period, the council may not:
         (A) appoint a manager; or
         (B) adopt an ordinance establishing a procedure for the dismissal of a manager that is
 more restrictive than the procedure applicable at the time the manager was appointed.
         (ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
         (A) the council may appoint an interim manager during an interim vacancy period; and
         (B) the interim manager's term shall expire once a new manager is appointed by the
 new administration after the interim vacancy period has ended.
         (c) Subsection (3)(b) does not apply if all the council members who held office on the
 day of the municipal general election whose term of office was vacant for the election are
 re-elected to the council for the following term.
         (4) A council that appoints a manager in accordance with this section may not, on or
 after May 10, 2011, enter into an employment contract that contains an automatic renewal
 provision with the manager.
         Section 2. Section 10-3b-403 is amended to read:
         10-3b-403. Council in a five-member council form of government.
         (1) The council in a municipality operating under a five-member council form of
 municipal government:
         (a) exercises any executive or administrative power and performs or supervises the
 performance of any executive or administrative duty or function that:
         (i) has not been given to the mayor under Section 10-3b-104; or
         (ii) has been given to the mayor under Section 10-3b-104 but is removed from the
                                                     -3-
        H.B. 580                                                                  02-20-24 8:16 AM
 mayor under Subsection (1)(b)(i)(A);
         (b) may:
         (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
         (A) removing from the mayor any power, duty, or function of the mayor under Section
 10-3b-104; and
         (B) reinstating to the mayor any power, duty, or function previously removed under
 Subsection (1)(b)(i)(A);
         (ii) adopt an ordinance delegating to the mayor any executive or administrative power,
 duty, or function that the council has under Subsection (1)(a);
         (iii) subject to Subsections (3) and (4), appoint a manager to perform executive and
 administrative duties or functions that the council by ordinance delegates to the manager,
 subject to Subsection (1)(c);
         (iv) subject to Subsection (3), dismiss a manager appointed under Subsection
 (1)(b)(iii); and
         (v) assign any or all council members, including the mayor, to supervise one or more
 administrative departments of the municipality; and
         (c) may not remove from the mayor or delegate to a manager appointed by the council:
         (i) any of the mayor's legislative or judicial powers or ceremonial functions;
         (ii) the mayor's position as chair of the council; or
         (iii) any ex officio position that the mayor holds.
         (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
 the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative
 vote of:
         (a) the mayor and a majority of all other council members; or
         (b) all council members except the mayor.
         (3) (a) As used in this Subsection (3), "interim vacancy period" means the period of
 time that:
         (i) begins on the day on which a municipal general election described in Section
 10-3-201 is held to elect a council member; and
         (ii) ends on the day on which the council member-elect begins the council member's
 term.
                                                       -4-
        02-20-24 8:16 AM                                                                      H.B. 580
        (b) (i) [The council may not appoint a manager during an interim vacancy period.]
 During an interim vacancy period, the council may not:
        (A) appoint a manager; or
        (B) adopt an ordinance establishing a procedure for the dismissal of a manager that is
 more restrictive than the procedure applicable at the time the manager was appointed.
        (ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
        (A) the council may appoint an interim manager during an interim vacancy period; and
        (B) the interim manager's term shall expire once a new manager is appointed by the
 new administration after the interim vacancy period has ended.
        (c) Subsection (3)(b) does not apply if all the council members who held office on the
 day of the municipal general election whose term of office was vacant for the election are
 re-elected to the council for the following term.
        (4) A council that appoints a manager in accordance with this section may not, on or
 after May 10, 2011, enter into an employment contract that contains an automatic renewal
 provision with the manager.
        Section 3. Effective date.
        This bill takes effect on May 1, 2024.
                                                      -5-
Statutes affected: 
Introduced: 