Title 10, Title 10: Utah Municipal Code

10-3-1109.5. Overtime for law enforcement personnel. (1) As used in this section: "Nonexempt employee" means a municipal employee who is nonexempt under the requirements of the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq. "Overtime" means hours worked in excess of…

10-3-1110. Exemption from state licensure by Division of Real Estate. In accordance with Section, an employee of a municipality is exempt from licensure under: (1) when engaging in an act on behalf of the municipality in accordance with: this title; or; and Title 11, Cities, Coun…

10-3-1111. Municipality required to provide leave to a legislator on an authorized legislative day. (1) As used in this section: "Authorized legislative day" means: the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of…

10-3-1301. Short title. This part is known as the "Municipal Officers' and Employees' Ethics Act."

10-3-1302. Purpose. 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.

10-3-1303. Definitions. As used in this part: (1) "Appointed officer" means an individual appointed to: a statutory office or position; or a position of employment with a city or with a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Com…

10-3-1303.5. Statutory construction. The definition of appointed officer in Sectiondoes not have the effect of making an appointed individual or employee an officer of the municipality.

10-3-1304. Use of office for personal benefit prohibited. (1) As used in this section, "economic benefit tantamount to a gift" includes: a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; or compensation rec…

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 t…

10-3-1306. Interest in business entity regulated by municipality -- Disclosure statement required. (1) An officer under this part, or a municipal employee, who is an officer, director, agent, or employee or the owner of a substantial interest in a business entity that is subject …

10-3-1307. Interest in business entity doing business with municipality -- Disclosure. (1) An officer under this part, or municipal employee, who is an officer, director, agent, employee, or owner of a substantial interest in a business entity that does or anticipates doing busin…

10-3-1308. Investment creating conflict of interest with duties -- Disclosure. An officer or municipal employee who has a personal interest or investment that creates a conflict between the officer's or municipal employee's personal interests and the officer's or municipal employ…

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 an officer or a municipal employee to violate any of the provisions of this part.

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,,, and, shall be dismissed fro…

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 a municipal employee subject to this part for a violation of a provision of this part. (2) A pe…

10-3-1312. Violation of disclosure requirements -- Penalties -- Rescission of prohibited transaction. If a transaction is entered into in connection with a violation of Section,,, or, the municipality: (1) shall dismiss or remove the officer or municipal employee who knowingly an…

10-3-1313. Annual conflict of interest disclosure -- City recorder or town clerk -- Posting of written disclosure statement -- Penalties. (1) In addition to any other disclosure obligation described in this part, an elected officer shall, no sooner than January 1 and no later tha…

10-3-201. Municipal general election -- Terms of office. (1) Consistent with Section, on the Tuesday after the first Monday in November in odd-numbered years, a municipal general election shall be held in all municipalities to fill all elective offices vacated by 12 o'clock noon …

10-3-202. Terms of elected municipal officers. Each elected officer of a municipality shall hold office for the term for which the officer is elected and until the officer's successor is chosen and qualified, unless the office becomes vacant under Section.

10-3-205. Election of officers in municipalities operating under a city council form of government. Each municipality operating under a five-member or six-member city council form of government shall hold municipal elections to fill, for a term of four years, the following office…

10-3-205.5. At-large election of officers -- Election of commissioners or council members. (1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be elected in an at-large election held at the time and in the manner provided for electing municipal …

10-3-208. Campaign finance disclosure in municipal election. (1) Unless a municipality adopts by ordinance more stringent definitions, the following are defined terms for purposes of this section: "Agent of a candidate" means: a person acting on behalf of a candidate at the direc…

10-3-209. Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties. (1) Unless a municipality adopts by ordinance more stringent definitions, the following are defined terms for the purposes of this section: "Candidate" means an ind…

10-3-209.1. Municipal office candidate -- Year-end summary report -- Penalty. (1) The definitions in Sectionsandapply to this section. 10-3-208 10-3-209 (2) A candidate who is required to file a campaign finance statement under Sectionshall file a year-end summary report with the…

10-3-209.3. Municipal office candidate -- Final summary report -- Termination of duty to report. (1) The definitions in Sectionsandapply to this section. 10-3-208 10-3-209 (2) A candidate is subject to the year-end summary reporting requirements described in Sectionuntil the cand…

10-3-301. Notice of offices to be filled and declaration of candidacy period -- Eligibility and residency requirements for elected municipal office -- Mayor and recorder limitations. (1) As used in this section: "Absent" means that an elected municipal officer fails to perform of…

10-3-301.5. Conflict of interest disclosure statement for municipal office -- Required when filing for candidacy -- Public availability -- Enforcement. (1) A city recorder or town clerk shall, for each person seeking to become a candidate for a municipal office that is to be fill…

10-3-302. Mayoral or council vacancy of a municipality. Mayoral or council vacancies shall be filled as provided in Section.

10-3-502. Regular and special council meetings. (1) The council of each municipality shall: by ordinance prescribe the time and place for holding its regular meeting, subject to Subsection; and (1)(b) hold a regular meeting at least once each month. (2) The mayor of a municipalit…

10-3-504. Quorum defined. The number of council members necessary to constitute a quorum is: (1) in a municipality with a seven-member council, four; (2) in a municipality with a five-member council, three; and (3) in a municipality operating under a six-member council form of go…

10-3-505. Compelling attendance at meetings of legislative body. The legislative body of a municipality may compel the attendance of its own members at its meetings and provide penalties it considers necessary for the failure to comply with an exercise of the authority to compel …

10-3-506. How the vote is taken. A roll call vote shall be taken and recorded for all ordinances, resolutions, and any action which would create a liability against the municipality and in any other case at the request of any member of the governing body by a "yes" or a "no" vote…

10-3-507. Minimum vote required. (1) The minimum number of yes votes required to pass any ordinance or resolution, or to take any action by the council, unless otherwise prescribed by law, is a majority of the voting members of the council, regardless of absence or vacancy. (2) A…

10-3-508. Reconsideration. Any action taken by the governing body may not be reconsidered or rescinded at any special meeting unless the number of members of the governing body present at the special meeting is equal to or greater than the number of members present at the meeting…

10-3-601. Business of governing body conducted only in open meeting. All meetings of the governing body of each municipality shall be held in compliance with the provisions of.

10-3-603. Public records. (1) The governing body of each municipality shall keep a journal of its proceedings. (2) The books, records, accounts and documents of each municipality shall be kept at the office of the recorder and approved copies shall be open and available to the pu…

10-3-604. Annual examination of municipal finances -- Publication of results. (1) At the end of each fiscal year, the governing body of each city of the first and second class shall cause a full and complete examination of all books and accounts of the city to be made by certifie…

10-3-605. Penalty. Any person who shall violate any of the provisions of Sectionorwithout just cause shall be guilty of a class B misdemeanor.

10-3-606. Rules of order and procedure. (1) As used in this section, "rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: parliamentary order and procedure; ethical behavior; and civil discourse. (2) Subject to Subsection, a municipal…

10-3-607. Expulsion of members prohibited -- Exception for disorderly conduct. (1) Except as provided in Subsection, the governing body may not expel a member of the governing body from an open public meeting or prohibit the member from attending an open public meeting. (2) (2) E…

10-3-608. Rules of conduct for the public. (1) The governing body on a two-thirds vote may expel any person who is disorderly during the meeting of the governing body. (2) This section or any action taken by the governing body pursuant hereto does not preclude prosecution under a…

10-3-609. Action on committee reports. Final action on any report of any committee appointed by the governing body shall be deferred to the next regular meeting of the governing body on the request of any two members, except that the council in a city of the third, fourth, or fif…

10-3-610. Requiring attendance of witnesses-- Production of evidence. (1) The governing body of each municipality may require the attendance of any person to give testimony or produce records, documents or things for inspection, copying or examination necessary or useful for the …

10-3-701. Legislative power exercised by ordinance. Except as otherwise specifically provided, the governing body of each municipality shall exercise its legislative powers through ordinances.

10-3-702. Extent of power exercised by ordinance. (1) Subject to Section, the governing body of a municipality may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by this title or any other pr…

10-3-702.1. Family impact consideration before enacting ordinance. (1) Except for an ordinance enacted in response to an emergency, the governing body shall, before passing an ordinance under Section, consider the impact the proposed ordinance may have on family health, stability…