Chapter 2.45
APPOINTMENT PROCEDURES
Sections:
2.45.020 Appointment by Mayor with advice and consent of Council.
2.45.030 Appointments by the Council.
2.45.040 Appointments to vacant elected positions.
2.45.050 Appointment or removal of City Manager or Assistant City Manager.
2.45.060 Appointment to local districts.
2.45.010 Purpose.
The provisions of this chapter are meant to clarify the procedures applicable to appointments, to support an orderly and transparent process. [Ord. 16-18 § 1 (Exh. A).]
2.45.020 Appointment by Mayor with advice and consent of Council.
(A) Each appointment designated in Syracuse City or Utah State Code as being made by the Mayor shall require the advice and consent of the City Council, as provided in this section.
(B) Prior to seeking the Council’s consent, the Mayor shall seek the Council’s advice on potential nominees. This may be completed via written or electronic mail, personal or telephone conversations with individual Council Members, discussion during Council meetings, or any other communication appropriate under state law.
(C) After seeking advice, the Mayor shall submit a nominee to the Council for its approval during a regular or special meeting, which approval or denial shall proceed by motion supported by a majority vote.
(D) If the Council approves the nominee, then a resolution providing advice and consent shall be executed and the individual shall be appointed.
(E) If the Council denies the nominee, the Mayor shall diligently begin the process of locating another nominee for the Council’s consideration, following the same procedure in subsection (C) of this section. [Ord. 16-18 § 1 (Exh. A).]
2.45.030 Appointments by the Council.
(A) Each appointment designated in Syracuse City or Utah State Code as being made by the Council shall proceed by motion, supported by a majority vote.
(B) Except in cases of emergency or urgent appointments, discussion of potential appointees by the City Council will ordinarily take place during at least one work meeting, where the list of presumptive appointees shall be compiled and prepared for consideration at the next regular or special meeting. In cases where no clear consensus was reached during the work meeting, the resolution may include blanks next to the position to be filled.
(C) Annual appointments shall be considered during a work session in January, followed by consideration of those presumptive appointees during the first regular Council meeting in February.
(D) Discussion of vacancies in appointed positions generally should be scheduled for consideration at the next work meeting following the appointee’s vacating the position. [Ord. 16-18 § 1 (Exh. A).]
2.45.040 Appointments to vacant elected positions.
(A) In cases of vacancies in an elected office of the City, the City shall follow the procedures provided in Utah State Code. The provisions of this section are meant to provide additional detail to the process, and not to override or conflict with state law.
(B) Notice shall be provided to the public of the vacancy at least two weeks prior to the meeting at which the Council will consider candidates to fill a vacated position. The notice shall provide:
(1) The date, time, and place of the meeting where the vacancy will be filled;
(2) The person to whom a person interested in being appointed to fill the vacancy may submit the interested person’s name for consideration; and
(3) The deadline for submitting an interested person’s name.
(C) In addition to the individual’s name, an individual who is interested in filling the vacancy shall be requested to provide written answers to questions which shall be prepared by the City Recorder, in consultation with the Mayor and Council.
(D) Filling of vacancies to elected offices shall take place during a regular or special Council meeting, open to the public. The following procedures shall govern the interview process:
(1) Introductions. Candidates shall each be allotted five minutes to introduce themselves to the Council and to provide answers to questions which have been prepared beforehand and submitted to the candidate prior to the meeting. Time limits shall be strictly enforced during this phase of the interview. After all candidates have been given the opportunity to address the Council, the Council may discuss any or all of the candidates.
(2) Ballots. The voting members of the Council each shall be provided with three ballots, with the name of the voting Council Member included on the ballot. Ballots shall be cast by the Council Members by writing the name of a candidate on the ballot. Council Members may only cast one ballot for each candidate, but may refrain from casting additional ballots if that Council Member wishes to support fewer than three candidates. The ballots shall be collected by the City Recorder, tallied, and announced publicly, including the names of Council Members who cast votes for the candidate.
(3) Elimination of Candidates.
(a) A candidate who received zero votes in the first round of ballots may not advance to the next round of voting.
(b) If two or more candidates each received two votes during the first round of ballots, then candidates who receive fewer than two votes are eliminated from consideration.
(c) If one or fewer candidates received two votes each, then the number of candidates shall be reduced to at least 33 percent of the original pool of candidates who submitted their names for consideration. In the event multiple individuals have equal votes, such that the remaining candidate pool has not dropped below 33 percent, a run-off vote will take place using the same procedure as subsection (D)(2) of this section, except that Council Members will only have one ballot each. In cases of a tie vote during the elimination vote, the Mayor shall be entitled to cast the deciding vote.
(4) Additional Questions. Candidates who remain eligible for consideration after ballot elimination shall be asked to answer additional questions from the Mayor and Council. These questions need not be standardized among all candidates. Each remaining candidate shall have an opportunity to answer the Council’s questions. This phase of the interview should not exceed 10 minutes per candidate. At the conclusion of the questioning phase, the Mayor shall request discussion from the Council.
(5) Election by Motion. At the conclusion of discussion, any voting Council Member may move to appoint one of the remaining candidates to the vacant office. This motion must be supported by a majority of the council. In cases of a tie, the Mayor participates in the vote.
(6) Appointment and Swearing In. Upon the affirmative vote of the Council, the selected individual is considered appointed, and shall be sworn in during the meeting. The newly appointed Council Member is immediately eligible to take part in any remaining Council business on that meeting’s agenda. [Ord. 19-03 § 1 (Exh. A); Ord. 16-18 § 1 (Exh. A).]
2.45.050 Appointment or removal of City Manager or Assistant City Manager.
(A) The City Manager and Assistant City Manager serve at the pleasure of the Council and are appointed or removed in accordance with this section and state law.
(B) Selection Process. The Mayor shall consult with the Council in determining the best method to select the nominee, such as panel interviews, written responses to questions, or individual interviews.
(C) Appointment. The Mayor may appoint the City Manager or Assistant City Manager with the advice and consent of the Council.
(D) Removal. Removal of the City Manager or Assistant City Manager shall proceed in accordance with SMC 2.25.020.
(E) Vote. The Mayor participates as a voting member of the Council in any vote to appoint or remove the City Manager or Assistant City Manager. The vote is brought to the body by motion and requires a majority of votes to carry. If, in cases of appointment, a nominee is not appointed by the Council, then the Mayor shall diligently begin the process of selecting an alternate nominee for the Council’s consideration.
(F) Interim Vacancy Period. The Council may not appoint a City Manager or Assistant City Manager during interim vacancy periods, as provided in Utah law, but an interim City Manager or interim Assistant City Manager may be appointed by the Council until a new City Manager or Assistant City Manager is appointed. [Ord. 24-28 § 1; Ord. 16-18 § 1 (Exh. A).]
2.45.060 Appointment to local districts.
(A) Prior to appointing individuals to any local district, the Council shall discuss the appointment in a work meeting, and schedule a public hearing to consider the issue at its next regular Council meeting or a special meeting.
(B) After conducting a public hearing, the Mayor shall open the issue to discussion among Council Members. At the conclusion of discussion, the appointment shall be made by motion, which must be supported by a majority vote. The Mayor may participate in the appointment action as a voting member.
(C) In the case of a vacancy in both an elected position and an appointed position which was previously filled by that elected official, the Council shall fill the vacancy in the elected seat, as provided in SCC 2.45.040, prior to appointing an individual to fill the appointed position. [Ord. 16-19.]