Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 109 (2025GS)

Sponsor

Rep. Abbott, Nelson T.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that, beginning on the day on which a municipal general election is held and ending on the day on which a council member-elect begins the council member's term of office, a six-member or five-member municipal council may not adopt an ordinance that establishes a more restrictive procedure for the dismissal of a municipal manager; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
10-3b-303
10-3b-403
0
Municipal Election Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill modifies a municipal council's power to dismiss a municipal manager.
Highlighted Provisions:
This bill:
provides that, beginning on the day on which a municipal general election is held and 
ending on the day on which a council member-elect begins the council member's term of 
office, a six-member or five-member municipal council may not adopt an ordinance that 
establishes 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
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-3b-303
 is amended to read:
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:
(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 
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.
(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 7, 2025
.
3-6-25 6:44 PM