§ 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:

(1)(a) shall:
(1)(a)(i) by ordinance, provide for the manner in which:

(1)(a)(i)(A) municipal property is bought, sold, traded, encumbered, or otherwise transferred; and
(1)(a)(i)(B) a subdivision or annexation is approved, disapproved, or otherwise regulated;
(1)(a)(ii) pass ordinances, appropriate funds, and review municipal administration;
(1)(a)(iii) perform all duties that the law imposes on the council; and
(1)(a)(iv) elect one of its members to be the chair of the council;
(1)(b) may:
(1)(b)(i) adopt an ordinance, to be known as the municipal administrative code:

(1)(b)(i)(A) dividing the municipality's administrative service into departments, divisions, and bureaus; and
(1)(b)(i)(B) defining the functions and duties of each department, division, and bureau;
(1)(b)(ii) adopt an ordinance:

(1)(b)(ii)(A) creating, consolidating, or abolishing departments, divisions, and bureaus; and
(1)(b)(ii)(B) defining or altering the functions and duties of each department, division, and bureau;
(1)(b)(iii) notwithstanding Subsection (1)(c)(iii), make suggestions or recommendations to a subordinate of the mayor;
(1)(b)(iv) (1)(b)(iv)(A) notwithstanding Subsection (1)(c), appoint a committee of council members or citizens to conduct an investigation into:
(1)(b)(iv)(A)(I) an officer, department, or agency of the municipality; or
(1)(b)(iv)(A)(II) any other matter relating to the welfare of the municipality; and
(1)(b)(iv)(B) delegate to an appointed committee powers of inquiry that the council considers necessary;
(1)(b)(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
(1)(b)(vi) take any action allowed under Section 10-8-84; and
(1)(c) may not:
(1)(c)(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;
(1)(c)(ii) interfere in any way with an executive officer's performance of the officer's duties; or
(1)(c)(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.

Legislative History

Enacted by Chapter 19, 2008 General Session