Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 227 (2024GS)

Sponsor

Rep. Welton, D.

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies language relating to the process for filling a mid-term vacancy in a municipal office.

Every vote on this bill

Bill text

MUNICIPAL OFFICE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill modifies provisions relating to the filling of a mid-term vacancy in a municipal
office.
Highlighted Provisions:
This bill:
▸ modifies language relating to the process for filling a mid-term vacancy in a
municipal office.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3b-302
, as enacted by Laws of Utah 2008, Chapter 19
20A-1-510
, as last amended by Laws of Utah 2023, Chapter 46
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3b-302
 is amended to read:
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
, including a tie vote to fill a mid-term vacancy under Section 
20A-1-510
; 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).
Section 2. Section 
20A-1-510
 is amended to read:
20A-1-510.
Midterm vacancies in municipal offices.
(1) (a) As used in this section:
(i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
in Section 
20A-1-102
.
(ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
(b) Except as otherwise provided in this section, if any vacancy occurs in the office of
municipal executive or member of a municipal legislative body, the municipal legislative body
shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered
voter in the municipality who meets the qualifications for office described in Section 
10-3-301
to fill the unexpired term of the vacated office.
(c) Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least 14 calendar days before the day on which
the municipal legislative body meets to fill the vacancy;
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the person to whom an individual interested in being appointed to fill the vacancy
may submit the interested individual's name for consideration; and
(C) the deadline for submitting an interested individual's name; and
(iii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
among the names of the candidates interviewed under Subsection (1)(c)(iii).
(ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
the initial vote, as determined by the tie-breaking procedures described in Subsections
(1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
a second vote to fill the vacancy.
(B) If the initial vote results in a tie for second place, the candidates tied for second
place shall be reduced to one by a coin toss conducted in accordance with Subsection
(1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the
candidate that received the most votes in the initial vote and the candidate that wins the coin
toss described in this Subsection (1)(d)(ii)(B).
(C) If the initial vote results in a tie among three or more candidates for first place, the
candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
be between the two candidates that remain after the coin toss described in this Subsection
(1)(d)(ii)(C).
(D) A coin toss required under this Subsection (1)(d) shall be conducted by the
municipal clerk or recorder in the presence of the municipal legislative body.
(iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
(e) If the municipal legislative body does not timely comply with Subsections (1)(b)
through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
(f) After receiving notice that a municipal legislative body has failed to timely comply
with Subsections (1)(b) through (d), the lieutenant governor shall:
(i) notify the municipal legislative body of the violation; and
(ii) direct the municipal legislative body to, within 30 calendar days after the day on
which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
(g) If the municipality fails to timely comply with a directive described in Subsection
(1)(f):
(i) the lieutenant governor shall notify the governor of the municipality's failure to fill
the vacancy; and
(ii) the governor shall, within 45 days after the day on which the governor receives the
notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
(2) (a) A vacancy in the office of municipal executive or member of a municipal
legislative body shall be filled by an interim appointment, followed by an election to fill a
two-year term, if:
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
at least 14 days before the deadline for filing for election in an odd-numbered year; and
(ii) two years of the vacated term will remain after the first Monday of January
following the next municipal election.
(b) In appointing an interim replacement, the municipal legislative body shall:
(i) comply with the notice requirements of this section; and
(ii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(3) (a) In a municipality operating under the council-mayor form of government, as
defined in Section 
10-3b-102
:
(i) the council may appoint an individual to fill a vacancy in the office of mayor before
the effective date of the mayor's resignation by making the effective date of the appointment
the same as the effective date of the mayor's resignation; and
(ii) if a vacancy in the office of mayor occurs before the effective date of an
appointment under Subsection (1) or (2) to fill the vacancy, the remaining council members, by
majority vote, shall appoint a council member to serve as acting mayor during the time between
the creation of the vacancy and the effective date of the appointment to fill the vacancy.
(b) A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
(i) act as a council member; and
(ii) vote at council meetings.
(4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
this section, the municipal legislative body member whose resignation creates the vacancy on
the municipal legislative body may:
(A) interview an individual whose name is submitted for consideration under
Subsection (1)(c)(iii) or (2)(b)(ii); and
(B) vote on the appointment of an individual to fill the vacancy.
(ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
removed from office in accordance with state law may not cast a vote under Subsection
(4)(a)(i).
(b) A member of a municipal legislative body who submits his or her resignation to the
municipal legislative body may not rescind the resignation.
(c) A member of a municipal legislative body may not vote on an appointment under
this section for himself or herself to fill a vacancy in the municipal legislative body.
[
(5) In a municipality operating under the six-member council form of government or
the council-manager form of government, defined in Subsection 
10-3b-103
(7), if the voting
members of the city council reach a tie vote on a matter of filling a vacancy, the mayor may
vote to break the tie.
]
[
(6)
] 
(5)
 In a municipality operating under the council-mayor form of government, the
mayor may not:
(a) participate in the vote to fill a vacancy;
(b) veto a decision of the council to fill a vacancy; or
(c) vote in the case of a tie.
[
(7)
] 
(6)
 A mayor whose resignation from the municipal legislative body is due to
election or appointment as mayor may, in the case of a tie, participate in the vote under this
section.
[
(8)
] 
(7)
 A municipal legislative body may, consistent with the provisions of state law,
adopt procedures governing the appointment, interview, and voting process for filling
vacancies in municipal offices.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.