Chapter 2.05
GENERAL QUALIFICATIONS AND DUTIES OF OFFICERS
Sections:
2.05.010 Eligibility for office.
2.05.020 Term of office for mayor and councilmember.
2.05.030 Nonpartisan elections.
2.05.050 Term of appointive officers.
2.05.100 Compensation of elective and appointive officers – To be set by separate ordinance.
2.05.110 Inspection of records.
2.05.120 Ethics act and conflicts of interest.
2.05.130 Additional powers and duties.
2.05.010 Eligibility for office.
Any person elected to a city office must be a registered voter of the city. (Section 10-3-301, Utah Code Annotated 1953) [Code 1988 § 2-1-1].
2.05.020 Term of office for mayor and councilmember.
The mayor and councilmembers shall enter upon their duties at 12:00 noon on the first Monday in January next succeeding their election. The mayor and each councilmember shall continue in office for a term of four years, and in each case until a successor is duly elected and qualified, unless otherwise provided by law. (Section 10-3-916, Utah Code Annotated 1953) [Code 1988 § 2-1-2].
2.05.030 Nonpartisan elections.
All candidates running for election for municipal offices within Helper City shall run as nonpartisan candidates. [Ord. 2011-4].
2.05.040 Appointive officers.
On or before the first Monday in February following a municipal election, the mayor, with the advice and consent of the city council, shall appoint a qualified person to each of the offices of city recorder, city treasurer, and chief of police. The city recorder shall be ex officio the city auditor and shall perform the duties of such office. (Section 10-3-916, Utah Code Annotated 1953) [Code 1988 § 2-1-3].
2.05.050 Term of appointive officers.
Except as otherwise may be provided by law, the term of office of the appointive officers enumerated in HMC 2.05.030 shall be until the election next following their appointment and until their respective successors are chosen and qualified, except that they may be sooner removed by the mayor with the concurrence of a majority of the members of the city council, or by the city council with the concurrence of the mayor. (Section 10-3-916, Utah Code Annotated 1953) [Code 1988 § 2-1-4].
2.05.060 Delivery of records.
Every officer and employee of the city, upon expiration of his term for any cause whatsoever, shall, within five days after notification and request, deliver to his successor all books and records which may be the property of the city. [Code 1988 § 2-1-6].
2.05.070 Vacancies.
A. Whenever any vacancy occurs in the office of mayor or councilmember, the city council shall, by a majority vote, appoint a registered voter in the city to fill the vacancy. The person so appointed shall, in accordance with the provisions of Section 10-3-302, Utah Code Annotated 1953, serve for the remainder of the unexpired term or until the office has been filled at the next election, whichever occurs first. If for any reason the city council does not fill the vacancy within 30 days after the vacancy occurs, the two persons having the highest number of votes of the city council shall come before the city council, and if there is not a majority vote by the city council, the vacancy shall be filled by lot in the presence of the city council.
B. If a vacancy shall occur in the office of city recorder, city treasurer, or chief of police, the mayor, by and with the consent of the city council, shall forthwith fill such vacancy by appointment for the unexpired term. (Section 10-3-302, Utah Code Annotated 1953) [Code 1988 § 2-1-7].
2.05.080 Oath of office.
A. All officers of the city, whether elected or appointed, shall before they enter upon the duties of their respective offices take, subscribe, and file the constitutional oath of office.
B. No official act of any officer shall be invalid for the reason that he failed to take the oath of office. (Section 10-3-827, Utah Code Annotated 1953) [Code 1988 § 2-1-8].
2.05.090 Bonds.
Every elected officer of the city and the city treasurer and recorder, shall, before entering upon the duties of his office, execute a bond with good and sufficient sureties, payable to the city, in such penal sum as may by resolution of the city council be directed, conditioned on the faithful performance of the duties of his office and the payments of all money received by such officer according to the law and the ordinances of the city. The treasurer’s bond shall be fixed at a sum not less than $2,500 or such larger amount as may be determined by the State Money Management Council. The bonds of councilmembers shall be approved by the mayor. The premium charged for any official bond shall be paid by the city. (Section 10-3-819, Utah Code Annotated 1953) [Code 1988 § 2-1-9].
2.05.100 Compensation of elective and appointive officers – To be set by separate ordinance.
The salary or compensation of all elective and statutory officers of the city shall be as set by ordinance adopted pursuant to the provisions of Section 10-3-818, Utah Code Annotated 1953, as amended. (Section 10-3-818, Utah Code Annotated 1953) [Code 1988 § 2-1-10].
2.05.110 Inspection of records.
All records, books, papers, and documents belonging to any office of the city, not otherwise privileged or confidential, shall be open at any time to inspection by the mayor or any member of the city council. [Code 1988 § 2-1-11].
2.05.120 Ethics act and conflicts of interest.
All officers and employees of the city shall adhere to the standards of conduct as set forth in the Utah Public Officers and Employees Ethics Act (Section 67-16-1 et seq., Utah Code Annotated 1953) and the Municipal Officers and Employees Disclosure Act (Section 10-3-1301 et seq., Utah Code Annotated 1953). [Code 1988 § 2-1-12].
2.05.130 Additional powers and duties.
The duties, powers and privileges of all officers in any way connected with the city not defined in this code shall be defined from time to time by appropriate ordinance or resolution of the city council. (Section 10-3-701, Utah Code Annotated 1953) [Code 1988 § 2-1-13].