reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1107 - Cost of living adjustment -- Price index used.

10-3-1107.
Cost of living adjustment -- Price index used.
(1) The governing body of each municipality may, in their discretion, adopt a plan to allow any person who qualifies under this part to receive a cost of living adjustment in that person's monthly retirement allowance. The adjustment allowed shall be a percentage, not to exceed 100%, of the sum as would restore the full purchasing power of each person's original unmodified pension allowance as it was in the calendar year in which the retirement giving rise to the pension occurred.
(2) The amount necessary to restore the full purchasing power of the original unmodified pension allowance shall be computed from the consumers price index published by the United States Bureau of Labor Statistics.
(3) Adjustments may be effective as of the date of this act or at any subsequent date set by the governing body. A municipality may choose to pay any per cent to the maximum amount provided that such percentage be paid to all qualified persons equally.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1108 - Political activity of municipal officer or employee.

10-3-1108.
Political activity of municipal officer or employee.
(1) For purposes of this section, "hours of employment" means occurring at a time when an officer or employee is acting within the course and scope of employment, but excludes a lunch break afforded to the officer or employee.
(2) Except as otherwise provided by federal law:
(a) the partisan political activity, political opinion, or political affiliation of an applicant for a position with a municipality may not provide a basis for denying employment to the applicant;
(b) an officer or employee's partisan political activity, political opinion, or political affiliation may not provide the basis for the officer or employee's employment, promotion, disciplinary action, demotion, or dismissal;
(c) a municipal officer or employee may not engage in political campaigning or solicit political contributions during hours of employment;
(d) a municipal officer or employee may not use municipal equipment while engaged in political activity;
(e) a municipal officer or employee may not directly or indirectly coerce, command, or advise another municipal officer or employee to pay, lend, or contribute part of the officer or employee's salary or compensation, or anything else of value to a political party, committee, organization, agency, or person for political purposes; and
(f) a municipal officer or employee may not attempt to make another officer or employee's personnel status dependent on the officer or employee's support or lack of support of a political party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.
(3) A municipal employee who has filed a declaration of candidacy may:
(a) be given a leave of absence for the period between the primary election and the general election; and
(b) use any vacation or other leave available to engage in campaign activities.
(4) If a municipal officer or employee is elected to a public office, the employee may:
(a) be given a leave of absence without pay for the time during which the employee receives compensation for service in the public office; and
(b) use any vacation or other leave available to serve in the public office.
(5) Neither the filing of a declaration of candidacy nor a leave of absence under this section may be used as the basis for an adverse employment action, including discipline and termination, against the employee.
(6) Nothing in this section may be construed to:
(a) prohibit a municipal officer or employee's voluntary contribution to a party or candidate of the officer or employee's choice; or
(b) permit a municipal officer or employee's partisan political activity that is prohibited under federal law.
Enacted by Chapter 79, 2000 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1110 - Exemption from state licensure by Division of Real Estate.

10-3-1110.
Exemption from state licensure by Division of Real Estate.
In accordance with Section 61-2f-202, an employee of a municipality is exempt from licensure under Title 61, Chapter 2f, Real Estate Licensing and Practices Act:
(1) when engaging in an act on behalf of the municipality in accordance with:
(a) this title; or
(b)Title 11, Cities, Counties, and Local Taxing Units; and
(2) if the act described in Subsection (1) is related to one or more of the following:
(a) acquiring real estate, including by eminent domain;
(b) disposing of real estate;
(c) providing services that constitute property management, as defined in Section 61-2f-102; or
(d) leasing real estate.
Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1302 - Purpose.

Effective 5/12/2015
10-3-1302.
Purpose.
(1) The purposes of this part are 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.
(2) In a metro township, as defined in Section 10-2a-403, the provisions of this part may not be applied to an appointed officer as that term is defined in Section 17-16a-3 or a county employee who is required by law to provide services to the metro township.
Amended by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1303 - Definitions.

Effective 5/10/2016
10-3-1303.
Definitions.
As used in this part:
(1) "Appointed officer" means any person appointed to any statutory office or position or any other person appointed to any position of employment with a city or with a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. 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" in this part is not intended to make appointed persons or employees "officers" of the municipality.
(2) "Assist" means to act, or 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 with the intent to assist such person or business entity.
(3) "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.
(4) "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 governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever.
(5) "Elected officer" means a person:
(a) elected or appointed to the office of mayor, commissioner, or council member; or
(b) who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206.
(6) "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.
(7) "Municipal employee" means a person who is not an elected or appointed officer who is employed on a full- or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act.
(8) "Private, controlled, or protected information" means information classified as private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and Management Act, or other applicable provision of law.
(9) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1304 - Use of office for personal benefit prohibited.

10-3-1304.
Use of office for personal benefit prohibited.
(1) As used in this section, "economic benefit tantamount to a gift" includes:
(a) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
(2) Except as provided in Subsection (4), it is an offense for an elected or appointed officer or municipal employee to:
(a) disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or employee's official position or in the course of official duties in order to further substantially the officer's or employee's personal economic interest or to secure special privileges or exemptions for the officer or employee or for others;
(b) use or attempt to use the officer's or employee's official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges for the officer or employee or for others; or
(c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer or employee or for another, a gift of substantial value or a substantial economic benefit tantamount to a gift that:
(i) would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; or
(ii) the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.
(3) Subsection (2)(c) does not apply to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented in recognition of public services;
(c) any bona fide loan made in the ordinary course of business; or
(d) a political campaign contribution.
(4) This section does not apply to an elected or appointed officer or municipal employee who engages in conduct that constitutes a violation of this section to the extent that the elected or appointed officer or municipal employee is chargeable, for the same conduct, under Section 76-8-105.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1305 - Compensation for assistance in transaction involving municipality -- Public disclosure and filing required.

10-3-1305.
Compensation for assistance in transaction involving municipality -- Public disclosure and filing required.
(1) As used in this section, "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.
(2) Except as provided in Subsection (6), it is an offense for an elected officer, or an appointed officer, who is a member of a public body to receive or agree to receive compensation for assisting any person or business entity in any transaction involving the municipality in which the member is an officer unless the member:
(a) files with the mayor a sworn statement giving the information required by this section; and
(b) discloses the information required by Subsection (5) in an open meeting to the members of the body of which the officer is a member immediately before the discussion.
(3) It is an offense for an appointed officer who is not a member of a public body or a municipal employee to receive or agree to receive compensation for assisting any person or business entity in any transaction involving the municipality by which the person is employed unless the officer or employee:
(a) files with the mayor a sworn statement giving the information required by this section; and
(b) discloses the information required by Subsection (5) to:
(i) the officer or employee's immediate supervisor; and
(ii) any other municipal officer or employee who may rely upon the employee's representations in evaluating or approving the transaction.
(4)
(a) The officer or employee shall file the statement required to be filed by this section 10 days before the date of any agreement between the elected or appointed officer or municipal employee and the person or business entity being assisted or 10 days before the receipt of compensation by the officer or employee, whichever is earlier.
(b) The statement is public information and shall be available for examination by the public.
(5) The statement and disclosure shall contain:
(a) the name and address of the officer or municipal employee;
(b) the name and address of the person or business entity being or to be assisted or in which the appointed or elected official or municipal employee has a substantial interest; and
(c) 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 or to be performed.
(6) This section does not apply to an elected officer, or an appointed officer, who is a member of a public body and who engages in conduct that constitutes a violation of this section to the extent that the elected officer or appointed officer is chargeable, for the same conduct, under Section 76-8-105.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1306 - Interest in business entity regulated by municipality -- Disclosure statement required.

10-3-1306.
Interest in business entity regulated by municipality -- Disclosure statement required.
(1) Every appointed or elected officer or municipal employee who is an officer, director, agent, or employee or the owner of a substantial interest in any business entity which is subject to the regulation of the municipality in which he is an elected or appointed officer or municipal employee shall disclose the position held and the nature and value of his interest upon first becoming appointed, elected, or employed by the municipality, and again at any time thereafter if the elected or appointed officer's or municipal employee's position in the business entity has changed significantly or if the value of his interest in the entity has increased significantly since the last disclosure.
(2) The disclosure shall be made in a sworn statement filed with the mayor. The mayor shall report the substance of all such disclosure statements to the members of the governing body, or may provide to the members of the governing body copies of the disclosure statement within 30 days after the statement is received by him.
(3) This section does not apply to instances where the value of the interest does not exceed $2,000. Life insurance policies and annuities may not be considered in determining the value of any such interest.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1307 - Interest in business entity doing business with municipality -- Disclosure.

10-3-1307.
Interest in business entity doing business with municipality -- Disclosure.
(1) Every appointed or elected officer or municipal employee who is an officer, director, agent, employee, or owner of a substantial interest in any business entity which does or anticipates doing business with the municipality in which he is an appointed or elected officer or municipal employee, shall publicly disclose to the members of the body of which he is a member or by which he is employed immediately prior to any discussion by such body concerning matters relating to such business entity, the nature of his interest in that business entity.
(2) The disclosure statement shall be entered in the minutes of the meeting.
(3) Disclosure by a municipal employee under this section is satisfied if the employee makes the disclosure in the manner required by Sections 10-3-1305 and 10-3-1306.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1308 - Investment creating conflict of interest with duties -- Disclosure.

10-3-1308.
Investment creating conflict of interest with duties -- Disclosure.
Any personal interest or investment by a municipal employee or by any elected or appointed official of a municipality which creates a conflict between the employee's or official's personal interests and his public duties shall be disclosed in open meeting to the members of the body in the manner required by Section 10-3-1306.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1309 - Inducing officer or employee to violate part prohibited.

10-3-1309.
Inducing officer or employee to violate part prohibited.
It is a class A misdemeanor for any person to induce or seek to induce any appointed or elected officer or municipal employee to violate any of the provisions of this part.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1310 - Penalties for violation -- Dismissal from employment or removal from office.

10-3-1310.
Penalties for violation -- Dismissal from employment or removal from office.
In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates this part, with the exception of Sections 10-3-1306, 10-3-1307, 10-3-1308, and 10-3-1309, shall be dismissed from employment or removed from office and is guilty of:
(1) a felony of the second degree if the total value of the compensation, conflict of interest, or assistance exceeds $1,000;
(2) a felony of the third degree if:
(a) the total value of the compensation, conflict of interest, or assistance is more than $250 but not more than $1,000; or
(b) 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 $250 or less;
(3) a class A misdemeanor if the value of the compensation or assistance was more than $100 but does not exceed $250; or
(4) a class B misdemeanor if the value of the compensation or assistance was $100 or less.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1311 - Municipal ethics commission -- Complaints charging violations.

Effective 5/8/2018
10-3-1311.
Municipal ethics commission -- Complaints charging violations.
(1) A municipality may establish by ordinance an ethics commission to review a complaint against an officer or employee subject to this part for a violation of a provision of this part.
(2)
(a) A person filing a complaint for a violation of this part shall file the complaint:
(i) with the municipal ethics commission, if a municipality has established a municipal ethics commission in accordance with Subsection (1); or
(ii) with the Political Subdivisions Ethics Review Commission in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission, if the municipality has not established a municipal ethics commission.
(b) A municipality that receives a complaint described in Subsection (2)(a) may:
(i) accept the complaint if the municipality has established a municipal ethics commission in accordance with Subsection (1); or
(ii) forward the complaint to the Political Subdivisions Ethics Review Commission established in Section 63A-15-201:
(A) regardless of whether the municipality has established a municipal ethics commission; or
(B) if the municipality has not established a municipal ethics commission.
(3) If the alleged ethics complaint is against a person who is a member of the municipal ethics commission, the complaint shall be filed with or forwarded to the Political Subdivisions Ethics Review Commission.
Amended by Chapter 461, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 13 - Municipal Officers' and Employees' Ethics Act › Section 1312 - Violation of disclosure requirements -- Penalties -- Rescission of prohibited transaction.

10-3-1312.
Violation of disclosure requirements -- Penalties -- Rescission of prohibited transaction.
If any transaction is entered into in connection with a violation of Section 10-3-1305, 10-3-1306, 10-3-1307, or 10-3-1308, the municipality:
(1) shall dismiss or remove the appointed or elected officer or municipal employee who knowingly and intentionally violates this part from employment or office; and
(2) may rescind or void any contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the municipality.
Amended by Chapter 147, 1989 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
10-3b-102.
Definitions.
As used in this chapter:
(1) "Council-mayor form of government" means the form of municipal government that:
(a)
(i) is provided for in Laws of Utah 1977, Chapter 48;
(ii) may not be adopted without voter approval; and
(iii) consists of two separate, independent, and equal branches of municipal government; and
(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government.
(2) "Five-member council form of government" means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government.
(3) "Metro township" means the same as that term is defined in Section 10-2a-403.
(4) "Metro township council form of government" means the form of metro township government described in Part 5, Metro Township Council Form of Municipal Government.
(5) "Six-member council form of government" means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government.
Amended by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 1 - General Provisions › Section 104 - Powers and duties of mayor in six-member council and five-member council forms of government.

10-3b-104.
Powers and duties of mayor in six-member council and five-member council forms of government.
(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
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 1 - General Provisions › Section 105 - Municipal council in six-member council and five-member council forms of government.

10-3b-105.
Municipal council in six-member council and five-member council forms of government.
In a municipality operating under a six-member council form of government or a five-member council form of government, the council:
(1) is the legislative body of the municipality and exercises the legislative powers and performs the legislative duties and functions of the municipality; and
(2) may:
(a) adopt rules and regulations, not inconsistent with statute, for the efficient administration, organization, operation, conduct, and business of the municipality;
(b) prescribe by resolution additional duties, powers, and responsibilities for any elected or appointed municipal official, unless prohibited by statute;
(c) require by ordinance that any or all appointed officers reside in the municipality;
(d) create any office that the council considers necessary for the government of the municipality;
(e) provide for filling a vacancy in an elective or appointive office;
(f) take any action allowed under Section 10-8-84; and
(g) perform any function specifically provided for by statute or necessarily implied by law.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 2 - Council-Mayor Form of Municipal Government › Section 201 - Separate branches of government under a council-mayor form of government.

10-3b-201.
Separate branches of government under a council-mayor form of government.
The powers of municipal government in a municipality operating under the council-mayor form of government are vested in two separate, independent, and equal branches of municipal government consisting of:
(1) a council composed of five or seven members; and
(2) a mayor and, under the mayor's supervision, any executive or administrative departments, divisions, and offices and any executive or administrative officers provided for by statute or municipal ordinance.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 2 - Council-Mayor Form of Municipal Government › Section 203 - Council in a council-mayor form of government.

10-3b-203.
Council in a council-mayor form of government.
(1) The council in a municipality operating under a council-mayor form of government:
(a) shall:
(i) by ordinance, provide for the manner in which:
(A) municipal property is bought, sold, traded, encumbered, or otherwise transferred; and
(B) a subdivision or annexation is approved, disapproved, or otherwise regulated;
(ii) pass ordinances, appropriate funds, and review municipal administration;
(iii) perform all duties that the law imposes on the council; and
(iv) elect one of its members to be the chair of the council;
(b) may:
(i) adopt an ordinance, to be known as the municipal administrative code:
(A) dividing the municipality's administrative service into departments, divisions, and bureaus; and
(B) defining the functions and duties of each department, division, and bureau;
(ii) adopt an ordinance:
(A) creating, consolidating, or abolishing departments, divisions, and bureaus; and
(B) defining or altering the functions and duties of each department, division, and bureau;
(iii) notwithstanding Subsection (1)(c)(iii), make suggestions or recommendations to a subordinate of the mayor;
(iv)
(A) notwithstanding Subsection (1)(c), appoint a committee of council members or citizens to conduct an investigation into:
(I) an officer, department, or agency of the municipality; or
(II) any other matter relating to the welfare of the municipality; and
(B) delegate to an appointed committee powers of inquiry that the council considers necessary;
(v) make and enforce any additional rule or regulation for the government of the council, the preservation of order, and the transaction of the council's business that the council considers necessary; and
(vi) take any action allowed under Section 10-8-84; and
(c) may not:
(i) direct or request, other than in writing, the appointment of a person to or the removal of a person from an executive municipal office;
(ii) interfere in any way with an executive officer's performance of the officer's duties; or
(iii) publicly or privately give orders to a subordinate of the mayor.
(2) A member of a council in a municipality operating under the council-mayor form of government may not have any other compensated employment with the municipality.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 2 - Council-Mayor Form of Municipal Government › Section 204 - Presenting council action to mayor -- Veto -- Reconsideration -- When ordinance, tax levy, or appropriation takes effect.

10-3b-204.
Presenting council action to mayor -- Veto -- Reconsideration -- When ordinance, tax levy, or appropriation takes effect.
(1) The council in each municipality operating under a council-mayor form of municipal government shall present to the mayor each ordinance, tax levy, and appropriation passed by the council.
(2)
(a) The mayor in a municipality operating under a council-mayor form of municipal government may veto an ordinance or tax levy or all or any part of an appropriation passed by the council.
(b) If a mayor vetoes an ordinance or tax levy or all or any part of an appropriation, the mayor shall return the ordinance, tax levy, or appropriation to the council within 15 days after the council presents the ordinance, tax levy, or appropriation to the mayor, with a statement explaining the mayor's objections.
(3) At its next meeting following a mayor's veto under Subsection (2), the council shall reconsider the vetoed ordinance, tax levy, or appropriation.
(4) An ordinance, tax levy, or appropriation passed by the council takes effect upon recording as provided in Chapter 3, Part 7, Municipal Ordinances, Resolutions, and Procedure, if:
(a) the mayor signs the ordinance, tax levy, or appropriation;
(b) the mayor fails to sign the ordinance, tax levy, or appropriation within 15 days after the council presents the ordinance, tax levy, or appropriation to the mayor; or
(c) following a veto, the council reconsiders the ordinance, tax levy, or appropriation and passes it by a vote of at least two-thirds of all council members.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 2 - Council-Mayor Form of Municipal Government › Section 205 - Rules and regulations by municipal officers.

10-3b-205.
Rules and regulations by municipal officers.
A municipal officer in a municipality operating under a council-mayor form of government may prescribe rules and regulations, not inconsistent with statute, municipal ordinance, or the merit plan.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 3 - Six-Member Council Form of Municipal Government › Section 301 - Municipal government powers vested in a six-member council.

10-3b-301.
Municipal government powers vested in a six-member council.
The powers of municipal government in a municipality operating under the six-member council form of government are vested in a council consisting of six members, one of which is a mayor.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 3 - Six-Member Council Form of Municipal Government › Section 302 - Mayor in six-member council form of government -- Mayor pro tempore.

10-3b-302.
Mayor in six-member council form of government -- Mayor pro tempore.
(1) The mayor in a municipality operating under a six-member council form of municipal government:
(a) is, except as provided in Subsection (1)(b), a nonvoting member of the council;
(b) votes as a voting member of the council:
(i) on each matter for which there is a tie vote of the other council members present at a council meeting; or
(ii) when the council is voting on:
(A) whether to appoint or dismiss a municipal manager; or
(B) an ordinance that enlarges or restricts the mayor's powers, duties, or functions;
(c) is the chair of the council and presides at all council meetings;
(d) exercises ceremonial functions for the municipality;
(e) may not veto an ordinance, tax levy, or appropriation passed by the council;
(f) except as modified by ordinance under Subsection 10-3b-303(2), has the powers and duties described in Section 10-3b-104; and
(g) may, within budget constraints, appoint one or more administrative assistants to the mayor.
(2)
(a) If the mayor is absent or unable or refuses to act, the council may elect a member of the council as mayor pro tempore, to:
(i) preside at a council meeting; and
(ii) perform, during the mayor's absence, disability, or refusal to act, the duties and functions of mayor.
(b) The municipal clerk or recorder shall enter in the minutes of the council meeting the election of a council member as mayor pro tempore under Subsection (2)(a).
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 4 - Five-Member Council Form of Municipal Government › Section 401 - Municipal government powers vested in a five-member council.

10-3b-401.
Municipal government powers vested in a five-member council.
The powers of municipal government in a municipality operating under the five-member council form of municipal government are vested in a council consisting of five members, one of which is a mayor.
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 4 - Five-Member Council Form of Municipal Government › Section 402 - Mayor in a five-member council form of government.

10-3b-402.
Mayor in a five-member council form of government.
(1) The mayor in a municipality operating under a five-member council form of municipal government:
(a) is a regular and voting member of the council;
(b) is the chair of the council and presides at all council meetings;
(c) exercises ceremonial functions for the municipality;
(d) may not veto any ordinance, tax levy, or appropriation passed by the council; and
(e) except as modified by ordinance under Subsection 10-3b-403(2), has the powers and duties described in Section 10-3b-104.
(2)
(a) If the mayor is absent or unable or refuses to act, the council may elect a member of the council as mayor pro tempore, to:
(i) preside at a council meeting; and
(ii) perform, during the mayor's absence, disability, or refusal to act, the duties and functions of mayor.
(b) The municipal clerk or recorder shall enter in the minutes of the council meeting the election of a council member as mayor pro tempore under Subsection (2)(a).
Enacted by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 5 - Metro Township Council Form of Municipal Government › Section 501 - Metro township government powers vested in a five-member council.

Effective 5/8/2018
10-3b-501.
Metro township government powers vested in a five-member council.
The powers of municipal government in a metro township, as defined in Section 10-2a-403, are vested in a council consisting of five members, one of which is the mayor.
Amended by Chapter 174, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 5 - Metro Township Council Form of Municipal Government › Section 502 - Governance of metro townships that are not in a municipal services district.

Effective 5/8/2018
10-3b-502.
Governance of metro townships that are not in a municipal services district.
For a metro township in which the voters at an election held in accordance with Section 10-2a-404 do not choose a metro township with limited municipal powers that is included in a municipal services district:
(1)
(a) the council:
(i) has the same powers, authority, and duties as a council described in Section 10-3b-403; and
(ii) is not subject to Section 10-3b-504; and
(b) the mayor:
(i) has the same powers, authority, and duties as a mayor described in Section 10-3b-402; and
(ii) is not subject to Section 10-3b-503.
Amended by Chapter 174, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 5 - Metro Township Council Form of Municipal Government › Section 503 - Mayor in a metro township included in a municipal services district.

Effective 5/14/2019
10-3b-503.
Mayor in a metro township included in a municipal services district.
(1) The mayor in a metro township that is included in a municipal services district:
(a) is a regular and voting member of the council;
(b) is elected by the members of the council from among the council members;
(c) is the chair of the council and presides at all council meetings;
(d) exercises ceremonial functions for the municipality;
(e) may not veto any ordinance, resolution, tax levy passed, or any other action taken by the council;
(f) represents the metro township on the board of a municipal services district; and
(g) has other powers and duties described in this section and otherwise authorized by law except as modified by ordinance under Subsection 10-3b-504(2).
(2) Except as provided in Subsection (3), the mayor in a metro township that is included in a municipal services district:
(a) shall:
(i) keep the peace and enforce the laws of the metro township;
(ii) ensure that all applicable statutes and metro township ordinances and resolutions are faithfully executed and observed;
(iii) if the mayor remits a fine or forfeiture under Subsection (2)(b)(ii), report the remittance to the council at the council's next meeting after the remittance;
(iv) perform all duties prescribed by statute or metro township ordinance or resolution;
(v) report to the council the condition and needs of the metro township;
(vi) report to the council any release granted under Subsection (2)(b)(iv); and
(b) 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 appoint a person to fill a municipal office or 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.
(3) The powers and duties in Subsection (1) are subject to the council's authority to limit or expand the mayor's powers and duties under Subsection 10-3b-504(2).
(4)
(a) If the mayor is absent, unable, or refuses to act, the council may elect a member of the council as mayor pro tempore, to:
(i) preside at a council meeting; and
(ii) perform during the mayor's absence, disability, or refusal to act, the duties and functions of mayor.
(b) The council shall ensure that the election of a council member as mayor under Subsection (1)(b) or mayor pro tempore under Subsection (4)(a) is entered in the minutes of the council meeting.
Amended by Chapter 24, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 6 - Changing to Another Form of Municipal Government › Section 601 - Authority to change to another form of municipal government.

Effective 5/12/2015
10-3b-601.
Authority to change to another form of municipal government.
(1) As provided in this part, a municipality may change from the form of government under which it operates to:
(a) the council-mayor form of government with a five-member council;
(b) the council-mayor form of government with a seven-member council;
(c) the six-member council form of government; or
(d) the five-member council form of government.
(2)
(a) A metro township that changes from the metro township council form of government to a form described in Subsection (1):
(i) is no longer a metro township; and
(ii) subject to Subsection (2)(b), is a city or town and operates as and has the authority of a city or town.
(b) If a metro township with a population that qualifies as a town in accordance with Section 10-2-301 changes the metro township's form of government in accordance with this part, the metro township may only change to the five-member council form of government.
(3) A municipality other than a metro township may not operate under the metro township council form of government.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 6 - Changing to Another Form of Municipal Government › Section 602 - Voter approval required for a change in the form of government.

Effective 5/12/2015
10-3b-602.
Voter approval required for a change in the form of government.
A municipality may not change its form of government under this part unless voters of the municipality approve the change at an election held for that purpose.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 6 - Changing to Another Form of Municipal Government › Section 603 - Resolution or petition proposing a change in the form of government.

Effective 5/12/2015
10-3b-603.
Resolution or petition proposing a change in the form of government.
(1) The process to change the form of government under which a municipality operates is initiated by:
(a) the council's adoption of a resolution proposing a change; or
(b) the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures, proposing a change.
(2) Within 45 days after the adoption of a resolution under Subsection (1)(a) or the declaring of a petition filed under Subsection (1)(b) as sufficient under Section 20A-7-507, the council shall hold at least two public hearings on the proposed change.
(3)
(a) Except as provided in Subsection (3)(b), the council shall hold an election on the proposed change in the form of government at the next municipal general election or regular general election that is more than 75 days after, as the case may be:
(i) a resolution under Subsection (1)(a) is adopted; or
(ii) a petition filed under Subsection (1)(b) is declared sufficient under Section 20A-7-507.
(b) Notwithstanding Subsection (3)(a), an election on a proposed change in the form of government may not be held if:
(i) in the case of a proposed change initiated by the council's adoption of a resolution under Subsection (1)(a), the council rescinds the resolution within 60 days after adopting it; or
(ii) in the case of a proposed change initiated by a petition under Subsection (1)(b), enough signatures are withdrawn from the petition within 60 days after the petition is declared sufficient under Section 20A-7-507 that the petition is no longer sufficient.
(4) Each resolution adopted under Subsection (1)(a) or petition filed under Subsection (1)(b) shall:
(a) state the method of election and initial terms of council members; and
(b) specify the boundaries of districts substantially equal in population, if some or all council members are to be elected by district.
(5) A resolution under Subsection (1)(a) or petition under Subsection (1)(b) proposing a change to a council-mayor form of government may require that, if the change is adopted, the mayor appoint, with the council's advice and consent and subject to Section 10-3b-202, a chief administrative officer, to exercise the administrative powers and perform the duties that the mayor prescribes.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 6 - Changing to Another Form of Municipal Government › Section 604 - Limitations on adoption of a resolution and filing of a petition.

Effective 5/12/2015
10-3b-604.
Limitations on adoption of a resolution and filing of a petition.
A resolution may not be adopted under Subsection 10-3b-603(1)(a) and a petition may not be filed under Subsection 10-3b-603(1)(b) within:
(1) four years after an election at which voters reject a proposal to change the municipality's form of government, if the resolution or petition proposes changing to the same form of government that voters rejected at the election; or
(2) four years after the effective date of a change in the form of municipal government or an incorporation as a municipality.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3b - Forms of Municipal Government › Part 6 - Changing to Another Form of Municipal Government › Section 605 - Ballot form.

Effective 5/12/2015
10-3b-605.
Ballot form.
The ballot at an election on a proposal to change the municipality's form of government shall:
(1) state the ballot question substantially as follows: "Shall [state the municipality's name], Utah, change its form of government to the [state "council-mayor form, with a five-member council," "council-mayor form, with a seven-member council," "six-member council form," or "five-member council form," as applicable]?"; and
(2) provide a space or method for the voter to vote "yes" or "no."
Enacted by Chapter 352, 2015 General Session