CHAPTER 2
GENERAL QUALIFICATIONS AND DUTIES OF OFFICERS
Sections:
2-2-101 Eligibility for Office.
2-2-102 Term of Office for Mayor and Councilmember.
2-2-104 Term of Appointed Officers.
2-2-111 Inspection of Records.
2-2-112 Approval of Expenditures.
2-2-116 Employment of Family Members Prohibited.
2-2-117 Unfair Employment Practices Prohibited.
2-2-118 Occupational Safety and Health Act.
2-2-119 Additional Powers and Duties.
2-2-101 Eligibility for Office.
Any person elected to a City office must be a registered voter of the City. Except as provided by Section 2-2-105(2), any person appointed to any office enumerated in Section 2-2-103 shall be a resident of the City.
(Statutory Authority UCA 10-3-301 (2), 10-3-916 (2); 1968 Code 1-8-1; amended in codification 1979; 1979 Code 2-2-1; amended by Ordinance No. 17-90; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-102 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 (4) years, and in each case until a successor is duly elected and qualified, unless otherwise provided by law.
(Statutory Authority UCA 10-3-205; 1968 Code 1-8-2; 1979 Code 2-2-2; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-103 Appointed Officials.
The Mayor with advice and consent of the City Council shall appoint a qualified person to the office of City Recorder and a qualified person to the office of City Treasurer. The City Recorder shall be ex officio the City Auditor and shall perform the duties of such office. The Mayor with advice and consent of the City Council shall appoint a qualified person to the office of City Recorder and a qualified person to the office of City Treasurer.
The Mayor and City Council shall use best efforts to ensure the office of City Recorder or Office of City Treasurer is not vacant. The Mayor, with the advice and consent of the City Council, may also appoint and fill vacancies in all offices provided for by law or ordinance.
(Statutory Authority UCA 10-3-916; 1968 Code 1-8-3; amended in codification 1979; 1979 Code 2-2-3; amended by Ord. No. 11-96; Ord No. 20-2020 § 1, 08/18/2020)
2-2-104 Term of Appointed Officers.
All appointed officers shall continue in office until their successors are appointed and qualified.
(Statutory Authority UCA 10-3-916; 1968 Code 1-8-4; amended in codification 1979; 1979 Code 2-2-4; amended by Ord. No. 11-96; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-105 Removal from City.
(1) If any elected officer shall, at any time during his term of office, live outside the boundaries of the City for a continuous period of more than sixty (60) days or establish residence outside the City during his or her term of office, the office shall thereby become automatically vacant.
(2) If any appointed officer listed in Section 2-2-103 shall, at any time during his term of office, live outside a reasonable distance from the City for a continuous period of more than sixty (60) days or establish residence outside of a reasonable distance from the City during his or her term of office, the office shall thereby become automatically vacant. Provided, however, the Mayor may, with the consent of the City Council, exempt any person appointed from the residence requirement.
(Statutory Authority UCA 10-3-301 (3), 10-3-916 (2); added in codification 1979; 1979 Code 2-2-5; amended by Ordinance No. 17-90; amended in codification; amended by Ordinance 3-05; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-106 Delivery of Records.
Every officer, employee and elected official of the City shall, immediately upon leaving that particular office or position of employment, deliver to his or her successor in office all properties, books and effects of every description in his or her possession belonging to the City or appertaining to his or her office or employment. If no successor has been appointed, the properties, books, and effects shall be delivered to City Administration.
The individual leaving office or employment shall be liable to the City for all damages caused by his or her failure to deliver any property, book, or effect of the office or employment.
(Added in codification 1979; 1979 Code 2-2-6; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-107 Vacancies.
(1) If any vacancy occurs in the municipal legislative body, the municipal legislative body shall appoint a registered voter in the municipality per Section 20A-1-510, Utah Code Annotated 1953.
(2) The Mayor, with the advice and consent of the City Council, may also appoint and fill vacancies in all offices provided for by law or ordinance.
(Statutory Authority UCA 10-3-301, 10-3-916; 1968 Code 1-8-5; amended in codification 1979; 1979 Code 2-2-7; amended by Ordinance Nos. 9-86; amended by Ord. No. 11-96; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-108 Oath of Office.
(1) All officers of Springville, whether elected or appointed, shall, before they enter upon the duties of their respective offices, take, subscribe and file the constitutional oath of office.
(2) The oath of office required under this section shall be administered by any judge, notary public, or by the recorder of the municipality. Elected officials shall take their oath of office at 12:00 noon on the first Monday in January following their election or as soon thereafter as is practical. Appointed officers shall take their oath at any time before entering on their duties. All oaths of office shall be filed with the City Recorder.
(3) No official act of any officer shall be invalid for the reason that he failed to take the oath of office.
(Statutory Authority UCA 10-3-827 to 10-3-829; 1968 Code 1-8-6; second paragraph added in codification 1979; 1979 Code 2-2-8; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-109 Bonds.
Every officer of Springville, whether elected or appointed, and the City Treasurer should, before entering upon the duties of his or her office, be bonded or covered by crime or theft insurance for the faithful performance of the officer’s or City Treasurer’s respective duties based on the payment of all money received by such officers according to law in an amount not less than an amount approved in accordance with and as established by State law or City resolution.
(Statutory Authority UCA 10-3-831; 1968 Code 1-8-7; amended in codification 1979; 1979 Code 2-2-9; Ord. No. 23-2018 § 1, 11/06/2018; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-110 Salaries.
(1) The elected, appointed and statutory officers of the City shall receive such compensation for their services as the City Council may fix by an ordinance adopting compensation or compensation schedules enacted after a public hearing, which hearing may be part of the budget hearing.
(2) The Council shall comply with Section 10-3-818, Utah Code Annotated 1953, in setting compensation for elected and statutory officers.
(Statutory Authority UCA 10-3-818; 1968 Code 1-8-8 as amended by Ordinance No. 9-79; minor changes in phraseology made in codification 1979; 1979 Code 2-2-10; amended by Ordinance No. 13-93; Ord. No. 07-2018 § 1, 06/05/2018; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-111 Inspection of Records.
All records, books, papers, and documents belonging to any office of the City shall be open at any time to inspection by the Mayor or any member of the City Council.
(1968 Code 1-8-9; 1979 Code 2-2-11; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-112 Approval of Expenditures.
No purchase shall be made and no indebtedness incurred by any officer or employee of the City without approval and order of the City Recorder or of some other person duly authorized and commissioned by the City Council to act as a purchasing agent for the City.
(1968 Code 1-8-10; 1979 Code 2-2-12; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-113 Budget Limits.
No City officer shall make or incur expenditures or encumbrances in excess of total appropriations for any department in the budget as adopted or as subsequently amended. Any obligation that is so contracted by any such officer shall be and become the obligation of the officer himself and shall not be or become valid or enforceable against the City.
(1968 Code 1-8-11; 1979 Code 2-2-13; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-114 [Repealed]
(Repealed by Ord. No. 20-2020 § 1, 08/18/2020)
2-2-115 [Repealed]
(Repealed by Ord. No. 20-2020 § 1, 08/18/2020)
2-2-116 Employment of Family Members Prohibited.
No person shall be employed by the City in violation of the provisions of Title 52, Chapter 3, Utah Code Annotated 1953.
(Statutory Authority UCA 52-3; Added in codification 1979; 1979 Code 2-2-16; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-117 Unfair Employment Practices Prohibited.
The City shall not engage in any discriminatory or unfair employment practice in violation of Title 34A, Chapter 5, Utah Code Annotated 1953, as amended.
(Statutory Authority UCA 34A-5; Added in codification 1979; 1979 Code 2-2-17; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-118 Occupational Safety and Health Act.
The City and its employees shall be subject to the provisions of the Utah Occupational Safety and Health Act of 1973, Title 34A, Chapter 6, Utah Code Annotated 1953, as amended, but only to the extent that that act is, by the terms thereof, specifically applicable to the City.
(Statutory Authority UCA 34A-6; Added in codification 1979; 1979 Code 2-2-18; Ord. No. 20-2020 § 1, 08/18/2020)
2-2-119 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.
(Statutory Authority UCA 10-3-701; 1968 Code 1-8-13; amended in codification 1979; 1979 Code 2-2-19; Ord. No. 20-2020 § 1, 08/18/2020)