Chapter 2.10
CITY COUNCIL
Sections:
2.10.020 Midterm vacancy in office.
2.10.130 Council Advisory Committees.
2.10.150 Disorderly conduct – Removal.
2.10.160 Required attendance of witnesses and production of evidence.
2.10.170 Records open to inspection.
2.10.180 Additional duties and powers may be prescribed.
2.10.185 Filling office of City Council and other elected or judicial positions.
2.10.010 Powers and duties.
The City Council:
(A) Is the legislative body of the municipality and exercises the legislative powers and performs the legislative duties and functions of the municipality; and
(B) May:
(1) Pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by law, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City;
(2) Prescribe by resolution additional duties, powers, and responsibilities for any elected or appointed municipal official, unless prohibited by statute;
(3) Require by ordinance that any or all appointed officers reside in the municipality;
(4) Provide for filling a vacancy in an elective or appointive office;
(5) Notwithstanding subsection (B)(1) of this section, appoint individuals to serve on the board of trustees of improvement districts and mosquito abatement districts in compliance with state law, and as provided in SCC 2.45.030;
(6) Take any action allowed under Utah Code; and
(7) Perform any function specifically provided for by statute or necessarily implied by law. [Ord. 16-19; Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.010.]
2.10.020 Midterm vacancy in office.
Midterm City Council vacancies shall be filled as provided in Utah Code. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.020.]
2.10.030 Meetings.
(A) Regular Meetings. The City Council shall hold regular meetings to conduct the business of the City at least once each month and shall prescribe by ordinance the time and place for holding its regular meetings.
(B) Emergency Meetings. If because of unforeseen circumstances it is necessary for the City Council to hold an emergency meeting to consider matters of an emergency or urgent nature, an emergency meeting may be held after an attempt has been made to notify all members of the Governing Body and a majority of the members of the Governing Body approve the meeting.
(1) Notice of Emergency Meetings. At least three hours’ notice of the emergency meeting shall be provided in accordance with the provisions of Utah Code. The Governing Body shall give the best notice practicable of the time and place of the emergency meeting and the topics to be considered at the emergency meeting. The City Recorder shall also serve such notice on each Council Member who did not approve the meeting, either through personal service or by leaving it at the member’s usual place of abode. The order of the emergency meeting shall be entered into the minutes of the City Council. The personal appearance by a Council Member at an emergency meeting constitutes a waiver of the required notice.
(C) Special Meetings. The Mayor or two Council Members may order the convening of a special meeting of the Council. Each order convening a special meeting of the Council shall be entered in the minutes of the Council. The City Recorder shall serve notice of the special meeting on each Council Member who did not sign the order by delivering the notice personally or by leaving it at the mem-
ber’s usual place of abode. The personal appearance by a Council Member at a special meeting of the Council constitutes a waiver of the notice required.
(D) Closed Meetings. The affirmative vote of at least two-thirds of the Governing Body present at an open meeting for which notice is given and a quorum is present may call a closed meeting to discuss certain items as provided under Utah Code. The reason or reasons for holding a closed meeting and the vote, either for or against the proposition to hold such a meeting, cast by each member, by name, shall be entered on the minutes of the meeting. No ordinance, resolution, rule, regulation, contract, or appointment shall be approved at a closed meeting.
(E) Electronic Meetings.
(1) Definitions. As used in this Syracuse Municipal Code:
“Anchor location” means the physical location from which the electronic meeting originates or from which the participants are connected.
“Electronic meeting” means a City Council meeting convened or conducted by means of a conference using electronic communications.
“Electronic notice” means electronic mail or fax.
“Monitor” means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the City Council who is participating in a meeting.
“Participate” means the ability to communicate with all of the members of the City Council, either verbally or electronically, so that each member of the City Council can hear or observe the communication.
“Public hearing” means a portion of a meeting at which comments from the public will be accepted.
“Public statement” means a statement made in the ordinary course of business of the City Council with the intent that all other members of the City Council receive it.
(2) Procedures. The City Council may, by following the procedures and requirements of this section, convene and conduct an electronic meeting. The City Council convening or conducting an electronic meeting shall:
(a) Give public notice of the meeting pursuant to Utah Code by posting written notice at the anchor location; and
(b) Provide written or electronic notice to at least one newspaper of general circulation within the state; and a local media correspondent;
(3) In addition to giving public notice required by subsection (E)(2)(a) of this section, provide:
(a) Notice of the electronic meeting to the members of the City Council at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and
(b) A description of how the members will be connected to the electronic meeting.
(4) Electronic Meeting – General. The procedures to be followed at the electronic meeting shall be the same as those followed by the City Council in a nonelectronic open and public meeting of the City Council. The Mayor, or Mayor Pro Tempore, shall conduct the meeting and the meeting shall be held pursuant to the agenda posted for that meeting. Prior to commencing the electronic meeting, an electronic link shall be established with all participants and the anchor location. Minutes shall be kept for the meeting in accordance with the requirements of the Open Meetings Law. Following passage of a motion to adjourn, the electronic link shall be terminated and the meeting shall be deemed concluded. If the meeting is a public hearing, space and facilities will be provided at the anchor location so that interested persons and the public may attend, monitor and participate in the open portions of the meeting. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.030.]
2.10.040 Open Meetings Law.
All meetings of the City Council shall be open to the public, except closed meetings, and shall be conducted in accordance with the Open and Public Meetings Act as set forth in Utah Code. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.040.]
2.10.050 Notice of meetings.
The City shall give public notice at least once each year of its annual meeting schedule and shall give not less than 24 hours’ public notice of the agenda, date, time and place of each of its duly called meetings, other than emergency meetings, in accordance with this title and Utah Code. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.050.]
2.10.060 Agenda.
A written agenda for each regular meeting shall be prepared by the City Manager or designee. The Mayor or two members of the City Council may place items on the agenda. [Ord. 24-28 § 1; Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 2.02.060.]
2.10.070 Minutes.
Written minutes shall be kept of all meetings of the City Council in accordance with the provisions set forth in Utah Code. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.070.]
2.10.080 Mayor presides.
The Mayor shall be the chairperson and preside at the meetings of the City Council. In the absence of the Mayor or because of his inability or refusal to act, the City Council may elect a member of the City Council to preside over the meeting as Mayor Pro Tempore in accordance with the procedures set forth in Chapter 2.15 SCC. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.080.]
2.10.090 Quorum.
No action of the City Council shall be official or of any effect except when a quorum of the Council Members are present, except as otherwise provided by law. Three or more members of the City Council, not including the Mayor, shall constitute a quorum. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.090.]
2.10.100 Voting.
(A) How Taken. A roll call vote shall be taken and recorded for all ordinances, resolutions, and any action which would create a liability against the City and in any other case at the request of any member of the City Council by a “yes” or a “no” vote. Every resolution or ordinance shall be in writing before the vote is taken.
(B) Number Required. The minimum number of “yes” votes required to pass any ordinance, resolution, or to take any action by the Governing Body, unless otherwise prescribed by law, shall be three. Any ordinance, resolution, or motion of the Governing Body having fewer favorable votes than required herein shall be deemed defeated and invalid; except in the following: fewer votes may compel attendance of absentees, may adjourn a meeting from time to time, and may fill a vacancy in the Governing Body.
(C) Mayor Voting. The Mayor shall not vote at meetings of the City Council, except in the case of a tie vote of the City Council, the appointment or removal of the City Manager or Assistant City Manager, or as otherwise provided by law. Furthermore, the Mayor shall have no power to veto any act of the City Council unless otherwise specifically authorized by statute. [Ord. 24-28 § 1; Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 2.02.100.]
2.10.110 Reconsideration.
Any action taken by the City Council shall not be reconsidered or rescinded at any special meeting unless the number of members of the City Council present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.110.]
2.10.120 Rules of procedure.
Except as otherwise provided by law, the City Council may determine and shall publish its own rules of procedure or the proper conduct of its meetings. In general, the City Council refers to Robert’s Rules of Order as a guide for the conduct of its business. The Council may further adopt norms and/or a code of conduct to establish practices and procedures, at its discretion. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.120.]
2.10.130 Council Advisory Committees.
The City Council may from time to time create subcommittees titled Council Advisory Committees to advise the City Council as a whole on issues affecting the City. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.130.]
2.10.140 Attendance.
The City Council shall have the power to compel the attendance of its own members and to provide such penalties as it deems necessary for the failure to comply therewith. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.140.]
2.10.150 Disorderly conduct – Removal.
(A) The City Council may fine or expel any members of the Governing Body from a meeting for disorderly conduct during that meeting, upon an affirmative majority vote of those members present. The City Council may also, upon an affirmative majority vote of those members present, expel any person who is disorderly during any regular, study, or special meeting of the City Council.
(B) The removal of members of City Council shall be done in accordance with Utah law. [Ord. 16-17 § 1 (Exh. A); Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.150.]
2.10.160 Required attendance of witnesses and production of evidence.
The City Council 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 governance of the City. The City Council shall issue subpoenas in its own name in the manner provided in the Utah Rules of Civil Procedure or may by ordinance establish its own procedure for issuing subpoenas under this section. [Ord. 12-20 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 2.02.160.]
2.10.170 Records open to inspection.
All records, books, papers, and documents belonging to any office of the City shall be open at any time to inspection by any member of the Council except as otherwise prohibited by law. A majority of the City Council may require any officer of the City, at any time, to prepare and provide a report in detail of all transactions in his office or any matters connected therewith. [Ord. 12-20 § 1 (Exh. A); Code 1971 § 2.02.170.]
2.10.180 Additional duties and powers may be prescribed.
The duties, powers and privileges of all appointed City officers in any way connected with the City government not herein defined may be prescribed by the City Council. [Ord. 12-20 § 1 (Exh. A); Code 1971 § 2.02.180.]
2.10.185 Filling office of City Council and other elected or judicial positions.
(A) For purposes of this section, “elected position” means any office whose election or appointment is governed by the provisions of Title 20A, Utah Code Annotated 1953.
(B) No Council member may hold his or her office and another elected position or judicial appointment, if that position or appointment includes a constituency or jurisdiction that includes any part of the Syracuse City boundaries.
(C) If a serving Council member is sworn into a position described in subsection (B) of this section, then that Council member’s seat shall be deemed vacated from the time that Council member was sworn into the new position. The act of accepting the oath of office in that position is deemed a voluntary resignation and forfeiture of entitlement to continue in the office of Council member.
(D) If a person is elected as Council member and already holds an elected position or judicial office, then the Council member shall vacate the prior position or office at the time of being sworn in as a Council member. If the Council member does not vacate the prior elected position before or at the time of being sworn in as a Council member, then the Council member will be deemed to have voluntarily resigned from the Council.
(E) Vacancies resulting from this section shall be filled as provided in this code and state law. [Ord. 17-10 § 1.]
2.10.190 Youth Court.
(A) The City may establish a Youth Court as a tool for restorative justice and education, in accordance with Utah law.
(B) Any interested high school age student who resides within Syracuse shall be permitted to participate in the Youth Court. Adult advisors shall participate on a volunteer basis, and undergo a City volunteer screening process, including a criminal background check.
(C) Referral to Youth Court is subject to the discretion of investigating police officers, and participation is voluntary for the person being referred. Youth may be referred to the program if they are high school age students and admit to the charge. Sentencing in Youth Court shall be guided by principles of restorative justice and accountability.
(D) Youth Court shall meet regularly as necessary to conduct business and shall keep a record of its proceedings. Records of Youth Court proceedings are designated as private pursuant to Utah records law. [Ord. 20-12 § 1 (Exh. A); Ord. 16-17 § 1 (Exh. A).]
2.10.200 Liaisons.
The Council may appoint individuals, including its own members, to serve as liaisons from the Council to outside committees, councils and organizations, such as the Syracuse Chamber of Commerce and Community Councils for schools located within Syracuse. [Ord. 16-17 § 1 (Exh. A).]