Enrolled Copy H.B. 109
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Municipal Election Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Keith Grover
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LONG TITLE
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General Description:
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This bill modifies a municipal council's power to dismiss a municipal manager.
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Highlighted Provisions:
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This bill:
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▸ provides that, beginning on the day on which a municipal general election is held and
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ending on the day on which a council member-elect begins the council member's term of
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office, a six-member or five-member municipal council may not adopt an ordinance that
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establishes a more restrictive procedure for the dismissal of a municipal manager; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-3b-303, as last amended by Laws of Utah 2011, Chapter 209
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10-3b-403, as last amended by Laws of Utah 2011, Chapter 209
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-3b-303 is amended to read:
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10-3b-303 . Council in six-member council form of government.
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(1) The council in a municipality operating under a six-member council form of
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government:
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(a) exercises any executive or administrative power and performs or supervises the
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performance of any executive or administrative duty or function that: H.B. 109 Enrolled Copy
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(i) has not been given to the mayor under Section 10-3b-104; or
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(ii) has been given to the mayor under Section 10-3b-104 but is removed from the
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mayor under Subsection (1)(b)(i)(A);
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(b) may:
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(i) subject to Subsections (1)(c) and (2), adopt an ordinance:
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(A) removing from the mayor any power, duty, or function of the mayor under
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Section 10-3b-104; or
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(B) reinstating to the mayor any power, duty, or function previously removed
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under Subsection (1)(b)(i)(A);
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(ii) adopt an ordinance delegating to the mayor any executive or administrative
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power, duty, or function that the council has under Subsection (1)(a);
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(iii) subject to Subsection 10-3b-302(1)(b)(ii)(A):
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(A) appoint, subject to Subsections (3) and (4), a manager to perform executive
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and administrative duties or functions that the council by ordinance delegates
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to the manager, subject to Subsection (1)(c); and
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(B) subject to Subsection (3), dismiss a manager appointed under Subsection
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(1)(b)(iii)(A); and
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(iv) assign any or all council members, including the mayor, to supervise one or more
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administrative departments of the municipality; and
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(c) may not remove from the mayor or delegate to a manager appointed by the council:
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(i) any of the mayor's legislative or judicial powers or ceremonial functions;
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(ii) the mayor's position as chair of the council; or
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(iii) any ex officio position that the mayor holds.
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(2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the
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mayor a power, duty, or function provided for in Section 10-3b-104 requires the
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affirmative vote of:
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(a) the mayor and a majority of all other council members; or
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(b) all council members except the mayor.
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(3)(a) As used in this Subsection (3), "interim vacancy period" means the period of time
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that:
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(i) begins on the day on which a municipal general election described in Section
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10-3-201 is held to elect a council member; and
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(ii) ends on the day on which the council member-elect begins the council member's
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term.
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(b)(i) [The council may not appoint a manager during an interim vacancy period.]
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During an interim vacancy period, the council may not:
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(A) appoint a manager; or
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(B) adopt an ordinance establishing a procedure for the dismissal of a manager
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that is more restrictive than the procedure applicable at the time the manager
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was appointed.
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(ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
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(A) the council may appoint an interim manager during an interim vacancy period;
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and
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(B) the interim manager's term shall expire once a new manager is appointed by
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the new administration after the interim vacancy period has ended.
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(c) Subsection (3)(b) does not apply if all the council members who held office on the
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day of the municipal general election whose term of office was vacant for the election
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are re-elected to the council for the following term.
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(4) A council that appoints a manager in accordance with this section may not, on or after
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May 10, 2011, enter into an employment contract that contains an automatic renewal
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provision with the manager.
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Section 2. Section 10-3b-403 is amended to read:
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10-3b-403 . Council in a five-member council form of government.
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(1) The council in a municipality operating under a five-member council form of municipal
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government:
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(a) exercises any executive or administrative power and performs or supervises the
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performance of any executive or administrative duty or function that:
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(i) has not been given to the mayor under Section 10-3b-104; or
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(ii) has been given to the mayor under Section 10-3b-104 but is removed from the
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mayor under Subsection (1)(b)(i)(A);
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(b) may:
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(i) subject to Subsections (1)(c) and (2), adopt an ordinance:
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(A) removing from the mayor any power, duty, or function of the mayor under
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Section 10-3b-104; and
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(B) reinstating to the mayor any power, duty, or function previously removed
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under Subsection (1)(b)(i)(A);
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(ii) adopt an ordinance delegating to the mayor any executive or administrative
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power, duty, or function that the council has under Subsection (1)(a);
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(iii) subject to Subsections (3) and (4), appoint a manager to perform executive and
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administrative duties or functions that the council by ordinance delegates to the
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manager, subject to Subsection (1)(c);
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(iv) subject to Subsection (3), dismiss a manager appointed under Subsection
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(1)(b)(iii); and
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(v) assign any or all council members, including the mayor, to supervise one or more
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administrative departments of the municipality; and
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(c) may not remove from the mayor or delegate to a manager appointed by the council:
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(i) any of the mayor's legislative or judicial powers or ceremonial functions;
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(ii) the mayor's position as chair of the council; or
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(iii) any ex officio position that the mayor holds.
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(2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the
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mayor a power, duty, or function provided for in Section 10-3b-104 requires the
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affirmative vote of:
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(a) the mayor and a majority of all other council members; or
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(b) all council members except the mayor.
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(3)(a) As used in this Subsection (3), "interim vacancy period" means the period of time
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that:
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(i) begins on the day on which a municipal general election described in Section
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10-3-201 is held to elect a council member; and
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(ii) ends on the day on which the council member-elect begins the council member's
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term.
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(b)(i) [The council may not appoint a manager during an interim vacancy period.]
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During an interim vacancy period, the council may not:
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(A) appoint a manager; or
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(B) adopt an ordinance establishing a procedure for the dismissal of a manager
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that is more restrictive than the procedure applicable at the time the manager
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was appointed.
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(ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
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(A) the council may appoint an interim manager during an interim vacancy period;
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and
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(B) the interim manager's term shall expire once a new manager is appointed by
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the new administration after the interim vacancy period has ended.
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(c) Subsection (3)(b) does not apply if all the council members who held office on the
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day of the municipal general election whose term of office was vacant for the election
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are re-elected to the council for the following term.
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(4) A council that appoints a manager in accordance with this section may not, on or after
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May 10, 2011, enter into an employment contract that contains an automatic renewal
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provision with the manager.
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Section 3. Effective date.
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This bill takes effect on May 7, 2025.
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