10-3b-104. Powers and duties of mayor in six-member council and five-member council forms of government.

382 words·~2 min read·/ut/title-10/chapter-3b/10-3b-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in Subsection

(2), the mayor in a municipality operating under a six-member council form of government or a five-member council form of government:

(a)is the chief executive officer of the municipality to whom all employees of the municipality report;

(b)shall:

(i)keep the peace and enforce the laws of the municipality;

(ii)ensure that all applicable statutes and municipal ordinances and resolutions are faithfully executed and observed;

(iii)if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii) , report the remittance to the council at the council's next meeting after the remittance;

(iv)perform all duties prescribed by statute or municipal ordinance or resolution;

(v)report to the council the condition and needs of the municipality; and

(vi)report to the council any release granted under Subsection (1)(c)(iv) ; and

(c)may:

(i)recommend for council consideration any measure that the mayor considers to be in the best interests of the municipality;

(ii)remit fines and forfeitures;

(iii)if necessary, call on residents of the municipality over the age of 21 years to assist in enforcing the laws of the state and ordinances of the municipality;

(iv)release a person imprisoned for a violation of a municipal ordinance;

(v)with the council's advice and consent:

(A)assign or appoint a member of the council to administer one or more departments of the municipality; and

(B)appoint a person to fill:

(I)a municipal office; or

(II)a vacancy on a commission or committee of the municipality; and

(vi)at any reasonable time, examine and inspect the official books, papers, records, or documents of:

(A)the municipality; or

(B)any officer, employee, or agency of the municipality.

(2)The powers and duties in Subsection

(1)are subject to:

(a)municipal ordinances in effect on May 4, 2008 modifying the powers and duties of the mayor; and

(b)the council's authority to limit or expand the mayor's powers and duties under:

(i)Subsection 10-3b-303(2)(a) , for a municipality operating under the six-member council form of government; and

(ii)Subsection 10-3b-403(2)(a) , for a municipality operating under the five-member council form of government.

Enacted by Chapter 19 , 2008 General Session