(A) General roles and responsibilities.
(1) Town Council members are elected to serve as the governing representatives of the community. The Council is comprised of five members, consisting of a Mayor and four Council members.
(2) The Town Council is an administrative and legislative body that is given authority by the state to create local law, set policy, appropriate funds and review municipal administration (UCA § 10-3b-401). The Council also currently acts as the Power System Board and the Water System Board.
(3) Most administrative powers, authority and duties are vested in the Mayor. Council members can, by resolution, be given additional powers and responsibilities that are not prohibited by specific statute. Council members may be appointed or assigned by the Mayor to administer specific administrative positions over one or more departments of the town. Such appointments are done with the advice and consent of the majority of the Council.
(B) Oath of office. The oath of office for newly elected Council members is administered by the Town Clerk/Recorder or others authorized by state law, during a Town Council meeting held at 12:00 p.m. on the first Monday of January following an election or as soon thereafter as is practical, per UCA § 10-3-201.
(C) Mayor.
(1) The Mayor is the chief executive officer to whom all employees of the municipality shall report. The Mayor is to keep the peace and enforce the laws of the town and ensures that all laws, ordinances and resolutions are faithfully executed and observed. The Mayor, or a duly appointed representative, performs all duties prescribed by law, resolution or ordinance. The Mayor examines and inspects the books, papers, records or documents of the town or of any officer, employee or agent of the town. The Mayor reviews all expenditures of the town and approves expenditures that are above the purchase level of department managers, Council members, and other employees and staff. The Mayor reports to the Council the condition of the town and recommends for consideration any measures deemed to be in the best interest of the town. The Mayor appoints, with the advice and consent of the Council, persons to fill municipal offices or vacancies on commissions or committees of the municipality, in addition to the hiring and firing of employees.
(2) The Mayor is a full voting member of the Town Council. The Mayor is the chair of the Town Council and sets the agenda for each regular meeting of the Council. The Mayor presides at all meetings of the Council.
(3) In conducting meetings of the municipality, the Mayor or in the Mayor’s absence, the Mayor Pro Tem, shall:
(a) Preside at all meetings of the Council and provide general direction for the meetings;
(b) Call the Council to order and proceed with the order of business;
(c) Announce the business before the Council in the order in which it is to be acted upon;
(d) Receive and submit in the proper manner all motions and propositions presented by the members of the Council;
(e) Put to vote all questions that are properly moved or that duly arise in the course of proceedings and to announce the results of the vote;
(f) Inform the Council on any point of order or practice (may call upon legal counsel for advice);
(g) Authenticate by signature all acts, orders, and proceedings of the Council;
(h) Maintain order and dignity at meetings of the Council;
(i) Move the agenda along and reduce redundancy;
(j) Recognize speakers and Council members prior to receiving comments and presentation of evidence; and
(k) The Mayor has the right to change the order of the agenda at his/her discretion.
(D) Mayor Pro Tem. The Mayor Pro Tem, during the temporary absence of the Mayor, shall have and perform all the duties and functions of the Mayor. The Town Council shall annually appoint one Council member as Mayor Pro Tem. In the absence of both the Mayor and the appointed Mayor Pro Tem at any meeting, the Town Council may elect another member as Mayor Pro Tem for the duration of that meeting; provided there is a quorum available to conduct such meeting.
(E) Town Council members. Council members have the unique task of balancing the needs and desires of residents and the town as a municipal entity. As part of the Council’s decision-making process, efforts are made to gather pertinent information and to involve all stakeholders. Each Council member has the opportunity to request information and to publicly express his or her own individual ideas. Members of the Council strive to maintain a strong working relationship with the Mayor and other Council members and to coordinate often while addressing joint and pressing matters. The Council also provides oversight, reviews administrative actions and conducts investigations as necessary.
(F) Meeting attendance. Every member of the Council shall attend the sessions of the Council unless duly excused or unable to attend because of extenuating circumstances. Any member desiring to be excused shall notify the Town Recorder. The Town Recorder shall call the same to the attention of the Mayor prior to the meeting. By law, the Council may compel a Council member to attend a meeting of the Town Council.
(G) Appointed officers and assignment of department managers.
(1) On or before the first Monday in February following a municipal election, the Mayor, with the advice and consent of the Council, should appoint a qualified person to each of the offices of Town Clerk/Recorder and Treasurer, as required by state law.
(2) The Mayor also may, with the advice and consent of the Council, appoint and fill vacancies in all offices provided for by law or ordinance, including appointment of Council members to act as managers for various municipal departments.
(3) Current Council assignments are to serve as managers for: Water Department, Electric Department, parks and recreation, streets and sidewalks, cemetery, and the website. The Town Clerk shall maintain a current list of Council member assignments.
(H) Town Clerk/Recorder. Among other statutory duties, the Town Clerk/Recorder shall serve as the secretary of the Council. The Town Clerk/Recorder shall have the following duties:
(1) To give notice of all Town Council meetings;
(2) To keep and record accurate minutes of the proceedings of the Town Council;
(3) To keep and maintain a permanent record of all vital documents and papers pertaining to the work of the Council;
(4) To sign the meeting minutes after the minutes have been approved by the Town Council; and
(5) To perform such other duties as may be required.
(I) Town Commissions, Boards, Committees and other appointed offices.
(1) The Mayor, with the advice and consent of the Town Council, appoints members of various commissions, boards and committees which serve in advisory capacities to the Town Council. The following are current active boards: Planning Commission, Board of Adjustments, Oak City Days Committee, Tree Committee, and Cemetery Sexton. The Town Clerk shall maintain a current list of the members of all boards, committees, and other appointed offices and the dates of their appointments.
(2) Members of each appointed commission, board or committee shall conduct themselves in accordance with the code of conduct as outlined herein.
(Res. 2021-07, passed 10-21-2021)