PENDING ORDINANCES
ORDINANCE NO. 19-16
[CHANGE OF FORM OF GOVERNMENT]
AN ORDINANCE AMENDING TITLE 2, “BOARDS, COMMISSIONS, AGENCIES AND THIRD PARTY ENTITIES,” AND RETITLING TO “EXECUTIVE BRANCH COMMITTEES AND THIRD PARTY ENTITIES.”
WHEREAS, the City of West Jordan adopted a City Code in 2009, for the purpose of carrying into effect and discharging all powers and duties conferred by law upon the City and its officers, employees and inhabitants, and to provide for the safety, preserve the health, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the City and its inhabitants, and to protect property in the City; and
WHEREAS, the West Jordan City Council finds and determines that the purpose of the 2009 City Code, and the public health and welfare, will best be reached by the adoption of the following amendments to Title 2, Chapter 1 and 2 of the 2009 City Code.
NOW THEREFORE, IT IS ORDAINED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WEST JORDAN, UTAH:
Section 1.   Title 2, Chapter 1, Sections 1, 2, 3, 4, 5, 6, 8, 10, 14, 15, 16, 18, 20, 21, 24, and 25 of the 2009 City Code shall hereafter read as follows:
2-1-1: SCOPE OF PROVISIONS:
This title governs all boards, commissions, agencies, support organizations or committees of the executive branch, unless otherwise specifically provided by law. City council committees, as referenced in Section 2-1-10, are governed by title 1, chapter 6 of this code.  For the purposes of this title, references to "law" will include city ordinances. (2001 Code § 2-6-101; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-2: APPOINTMENT OF COMMITTEE MEMBERS:
Members of the boards, commissions, agencies, support organizations or committees created through and governed by this title shall be appointed by the mayor, with the advice and consent of the city council, unless otherwise required or allowed by law.  With each appointment, the mayor shall provide the council with adequate prior experience and other background information. (2001 Code § 2-6-102; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-3: DEFINITIONS:
COMMITTEE: Unless otherwise expressly provided, as used in this chapter, the term "committee" includes every executive branch board, commission, agency or committee of the city, either individually or collectively, as the term in context would indicate.
SUPPORT ORGANIZATION: A city-controlled tax exempt entity created to assist the city in raising private funds for the city's public purposes. (2001 Code § 2-6-103; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-4: TERMS; TERM LIMITS:
A.    Committee Member Terms: The terms for each member of a committee shall be three (3) calendar years, unless otherwise specifically provided by law. The initial terms for members of newly created committees may be shortened or lengthened by the city council, so as to achieve a staggering of term expirations and to maintain continuity of the committee. The term of each committee member shall expire: 1) on December 31 of the last year of the expiring term; or 2) in the circumstance where city residing is a requirement, the date when the said member ceases to have primary domicile in the city.
B.    Support Organizations: Support organizations are separate legal entities and the terms and elections of trustees/directors/managers shall be as provided in the entity's organizational documents and in applicable Utah law.
C.    Term Limits:
1.    Basic Term Limit: Committee members may only serve for two (2) consecutive three (3) year terms on any one committee, with this term limit commencing with the term or part of a term that includes January 1, 2007.
2.    Six Year Service Limit: No committee member may be appointed or reappointed if the consecutive years of service would exceed six (6) consecutive calendar years on that committee. For purpose of the six (6) year limitation, service for part of a year shall be deemed service for a full year; further, service rendered on a committee to fill the unexpired term of another member shall be included in the six (6) year limitation calculation.
3.    Reappointment After Service Break: A qualified person may be reappointed to the same committee after serving six (6) consecutive years if there has been a break in service of at least one calendar year.
4.    Council Waiver: Notwithstanding the provisions in subsections C1 through C3 of this section, and upon the recommendation of the mayor, the city council may waive the application of these provisions as to any committee member by resolution of reappointment expressly waiving the application of these provisions.
5.    Support Organizations: Board members and officers of support organizations are elected annually, and any limit on the number of years such a board member or officer may serve shall be provided in the entity's bylaws. (2001 Code § 2-6-104; amd. Ord. 10-08, 2-24-2010 and 2001 Code § 2-6-108; 2009 Code § 2-1-8; amd. Ord. 10-08, 2-24-2010; Ord. 13-09, 3-27-2013; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-5: VACANCIES:
A.    Committees: Vacancies occurring on any committee shall be filled by the mayor, with the advice and consent of the city council, for the remainder of the unexpired term of the original appointment.
B.    Support Organizations: Vacancies on management boards shall be handled according to the bylaws or operating agreement of the entity. (2001 Code § 2-6-106; 2009 Code § 2-1-6; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-6: QUALIFICATIONS; RESIDENCY REQUIREMENTS:
Unless otherwise specifically provided in this title, the following conditions and restrictions apply to all committees and support organizations:
A.    Residency:
1.    Committee Members Generally Residents: Except as expressly provided otherwise, voting membership on any committee or support organization is limited to residents of the city appointed by the mayor, with the advice and consent of the city council, who are persons eighteen (18) years of age or older.
2.    Business And Property Owners: For purposes of committee voting membership, an owner of a business located in West Jordan and an owner of property located in West Jordan, even though the owner does not actually reside in West Jordan, are deemed residents of the city.
B.    Nonresidents:
1.    Nonresident Nonvoting Members: Nonresidents may be appointed as nonvoting members if the mayor finds that special expertise, unique needs of the committee or support organization, or special circumstances make such a nonresident appointment to be in the public interest.
2.    Nonresident Voting Members: Committees with five (5) or fewer members may include one nonresident voting member and committees with more than five (5) members may include two (2) nonresident voting members. Committees may seek special consideration for additional nonresident voting members from the mayor in extraordinary circumstances.
3.    Nonresident Members Prohibited: Nonresidents may not be appointed to the planning commission or West Jordan youth council. (2001 Code § 2-6-107; 2009 Code § 2-1-7; amd. Ord. 10-08, 2-24-2010; Ord. 10-12, 4-28-2010; Ord. 11-04, 2-9-2011; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-8: APPOINTMENT OF COMMITTEE OFFICERS:
A.    Appointment of Chair and Vice Chair: The mayor, with the advice and consent of the city council, shall appoint a temporary initial chairperson at the time a committee is created. Thereafter, at one of its regular meetings in January of each year, each committee shall nominate a member to serve as chair and another to serve as vice chair, with the actual appointment by the mayor being subject to the advice and consent of the city council; provided the name of the nominee and a brief vita is filed with the city clerk-recorder prior to January 30 of each year. In the event the name of the nominee is not timely filed or if the mayor or the city council rejects the nominee, the mayor may make the appointment, with the advice and consent of the city council. The chair and vice chair shall each be appointed for a one calendar year term, or until their successor is appointed, whichever time is longer.
B.    Secretary: The mayor, with the advice and consent of city council, shall appoint a temporary initial secretary at the time a committee is created. Thereafter, each committee shall appoint a secretary from among its members in their first meeting of each calendar year. The secretary is responsible for keeping roll of all voting members and notifying the mayor when a member is absent for three (3) consecutive committee meetings. The secretary is also required to prepare written minutes of each meeting of the committee within ten (10) working days of the meeting and to submit such minutes to the members of the committee for review and correction in advance of the next meeting. Following approval of minutes by the committee, the secretary will prepare final minutes, incorporating any approved changes, to be kept in the records of the committee with a copy forwarded to the clerk/recorder’s office. (2001 Code § 2-6-105; 2009 Code § 2-1-5; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-10: CREATION OF EXECUTIVE BRANCH AND COUNCIL COMMITTEES:
The city council may, by ordinance or resolution, create committees required by statute and/or otherwise organized as provided in this chapter to assist the city in performing city business. All committees are presumed to be executive branch committees unless otherwise designated by ordinance or resolution. The city council may by ordinance or resolution create committees whose organization varies from the provisions in this chapter. City council committees appointed by the city council, include the West Jordan youth council, the general plan committee and any other investigative committee created pursuant to Utah Code Annotated section 10-3b-203(1)(b)(iv), as amended and title 1, chapter 6 of this code. (2001 Code § 2-6-111; 2009 Code § 2-1-11; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-14: COUNCIL LIAISON:
The city council may assign one of its members to serve as an ex officio nonvoting member of any committee or support organization; however, failure to do so or the failure of the liaison representative to attend any meeting shall not affect the validity of any otherwise lawful act of the committee. The term of an ex officio member of a committee or support organization will end at the earlier of: a) when another council member is assigned to replace that person, or b) when that person no longer holds the ex officio government position. (2001 Code § 2-6-115; 2009 Code § 2-1-15; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-15: CITY ATTORNEY AND OTHER CITY STAFF SUPPORT:
The city administrator shall assign such personnel as he shall deem necessary to assist the committees and support organizations. The city attorney shall advise each committee and support organization. (2001 Code § 2-6-116; 2009 Code § 2-1-16; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-16: BUDGET, LIMITATION AND FISCAL CONTROLS:
A.    Committees May Propose Budgets: The committee chair or presiding officer of a support organization may prepare and recommend to the city administrator a budget for a committee consistent with city budgeting guidelines and time lines.
B.    No Power To Appropriate Funds Or Bind City: No committee or support organization may appropriate or commit city funds not expressly and previously appropriated to that committee or support organization by the city council, incur debt or otherwise contractually bind the city.
C.    No Separate Bank Account: Except for a support organization, no committee may have or maintain a separate bank account.
D.    Procurement: Each committee and support organization will follow city procurement and contracting protocols, policies and laws.
E.    City Treasurer Manages All City Funds: All committee and support organization funds or appropriations will be handled and managed by the city treasurer, and each committee and support organization shall comply with the fiscal and accounting controls established by the city treasurer and city administrator.
F.    Unbudgeted Expenditures: Any obligation or encumbrance incurred by any member of a committee or official of a support organization in excess of this section's limitations or appropriated funds, if any, shall not be deemed an obligation of the city or the committee and support organization, and shall be the personal obligation of that person.
G.    Reimbursement For Budgeted Expenses: A committee member or official of a support organization who expends personal funds to pay an authorized expense otherwise covered by an appropriated budget for that committee or support organization may seek reimbursement through regular reimbursement forms and processes used by the city finance division. (2001 Code § 2-6-117; 2009 Code § 2-1-17; amd. Ord. 10-08, 2-24-2010 and 2001 Code § 2-6-121; 2009 Code § 2-1-21; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-18: TERMINATION OR REMOVAL:
Each committee member and support organization official serves at the pleasure of the mayor and may be terminated, without cause, by the mayor, unless a showing of cause is specifically required for terminating a given committee member or support organization official by state law. (2001 Code § 2-6-119; 2009 Code § 2-1-19; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-20: RULES, POLICY, PROCEDURE:
Each committee and support organization may adopt rules of conduct and procedure for its own organization and for the transaction of business that are not inconsistent with the requirements of law, subject to periodic review by the mayor. (2001 Code § 2-6-122; 2009 Code § 2-1-22; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-21: MEMBER ATTENDANCE REQUIREMENTS:
It is the duty of each committee member and support organization official to regularly and punctually attend all scheduled and duly noticed meetings. If any appointed committee member or support organization official is absent from three (3) or more scheduled and duly noticed meetings during any one calendar year, that record of absence is good cause for the mayor to remove said member or official. (2001 Code § 2-6-123; 2009 Code § 2-1-23; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-24: TRAINING:
The city administrator shall provide for and schedule annual training for all members of all city committees and support organizations. The purpose of the training will be to review the provisions and requirements of this chapter, and other issues and developments that are pertinent to city committees and support organizations. (Ord. 10-08, 2-24-2010; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-25: SUNSET PROVISION:
Except for statutory committees and as otherwise required by law, the existence and authority of an executive branch committee shall end on June 30, 2020  unless prior to that date the city council reauthorizes such committee for the indefinite future. (Ord. 10-08, 2-24-2010; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
Section 2.   Title 2, Chapter 2, Sections 2, 3, 6, 7, 8, 10 and 12 of the 2009 City Code shall hereafter read as follows:
2-2-2: POWERS AND DUTIES:
The planning commission shall have the powers and duties set forth in the Utah municipal land use development and management act, or its successor provisions, and city law. These powers and duties include:
A.    Adopt General Plan: After holding required public hearings, preparing and recommending a general plan and amendments to it to the city council.
B.    Zoning, Subdivision, and other Land Use Ordinances: Recommending to the city council zoning, subdivision, and other land use ordinances and maps and amendments thereto, as appropriate.
C.    Administer Land Use: Administering the provisions of titles 12, 13, 14 and 15 of this code, or its successor, as provided by law.
D.    Advise Mayor and City Council: Advise the mayor and the city council on land use, real property transactions, street closure and other matters, as the mayor and city council may direct or request.
E.    Review Plats And Development Proposals: Approving or denying subdivision plats, commercial development site plans and other developments, in accordance with the development standards established by the city or otherwise provided by law.
F.    Conditional Use Permits: Hearing or deciding any matters that the city council by ordinance designates, including approving or denying conditional use permits, in accordance with the provisions of city law 1 .
G.    Administer Oaths; Witnesses: The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses, as authorized by law and in Utah Code Annotated section 10-9a-302, or any successor provision.
H.    Miscellaneous Functions: Exercising any other powers that are necessary to enable it to perform its functions in accordance with the provisions of city or state law, or which the city council by ordinance designates. (2001 Code § 2-6-1402; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-3: APPOINTMENT OF MEMBERS:
The mayor, with the advice and consent of the city council, shall appoint seven (7) qualified persons to be full time members of the planning commission. (2001 Code § 2-6-1403; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-6: REMOVAL:
Members of the commission may be removed by the mayor. (2001 Code § 2-6-1406; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-7: STAFF ASSIGNMENTS:
The city administrator may assign personnel to assist the planning commission, attend meetings of the commission, give counsel on matters before the commission and make studies to assist it in making determinations on those matters within its jurisdiction. (2001 Code § 2-6-1407; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-8: MEETINGS:
A.    Meeting Schedule: The planning commission will hold regular meetings, pursuant to a schedule adopted each January by city council resolution.
B.    Meeting Location: Planning commission meetings will be held at city hall in the chambers of the city council, which are located at 8000 South Redwood Road, West Jordan, Utah. Commission meetings may be held at other locations as necessary and as lawfully noticed. The preliminary meeting will be held in the development services conference room on the second floor of city hall.
C.    Time Of Meeting: Planning commission meetings will begin at six o'clock (6:00) P.M. A preliminary planning meeting will begin at five thirty o'clock (5:30) P.M. immediately preceding the business meeting.
D.    Emergency And Special Meetings: Emergency and special meetings of the planning commission may be held at such times and locations as designated by the commission and in accordance with applicable law.
E.    Notice Of Meetings: The city clerk/recorder, or her designee, shall cause that the required notice of the locations and times of all meetings of the planning commission be posted as required by state law.
F.    Open And Public Meetings: All meetings of the planning commission shall be held in compliance with the Utah open and public meetings act as set forth in Utah code section 52-4-1 et seq., or successor provisions.
G.    Quorum: A quorum to transact any business shall consist of four (4) members. A minimum number of three (3) affirmative votes is necessary for the commission to take any action.
H.   Electronic Meetings:  Up to two (2) planning commissioners may participate electronically pursuant to section 1-13-1E of this code.  (2001 Code § 2-6-1408; Ord. 09-24, 8-25-2009; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-10: MINUTES AND RECORDS; TRANSCRIPTIONS:
The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each substantive question. These minutes shall make a record of any absent member and any member who fails to vote, together with all examinations of witnesses and other official actions. The planning commission shall have its proceedings contemporaneously transcribed by a clerk and recorded on a voice recording. (2001 Code § 2-6-1410; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-12: COMPENSATION:
Each member of the planning commission shall be compensated according to the council and committee compensation schedule. The chairperson shall serve without any additional compensation. (2001 Code § 2-6-1413; amd. 2009 Code; Ord. 19-16, 04-10-2019, Effective July 1, 2019)
Section 3.   Additions or amendments to the 2009 City Code when passed in such form as to indicate the intention of the City Council to make the same a part of the 2009 City Code shall be deemed to be incorporated in the 2009 City Code, so that reference to the 2009 City Code hereafter includes the additions and amendments. 
Section 4.   This Ordinance shall become effective at 12 noon on January 6, 2020; except for § 2-2-12, which will be effective on July 1, 2019.
Passed and adopted by the City Council of the City of West Jordan, Utah this 10th day of April, 2019.
CITY OF WEST JORDAN
By: ________________________________
                  JIM RIDING
      Mayor
ATTEST:
MELANIE S. BRIGGS, MMC
City Clerk
Voting by the City Council                   “YES”      “NO”
Council Member Alan Anderson            ______   ______   
Council Member Dirk Burton            ______   ______
   Council Member Zach Jacob            ______   ______
Council Member Chad R. Lamb            ______   ______
   Council Member Chris McConnehey         ______   ______
Council Member Kayleen Whitelock         ______   ______   
Mayor Jim Riding                  ______   ______
CITY CLERK/RECORDER'S CERTIFICATE OF PUBLICATION
I, Melanie S. Briggs, certify that I am the City Clerk/Recorder of the City of West Jordan, Utah, and that the foregoing ordinance was published in the Legal Section, of the Salt Lake Tribune, on the _______ day of _______________, 2019, pursuant to Utah Code Annotated, 10-3-711.
MELANIE S. BRIGGS, MMC
City Clerk/Recorder
[SEAL] Legislative
 
Title 2
BOARDS, COMMISSIONS, AGENCIESEXECUTIVE BRANCH COMMITTEES AND THIRD PARTY ENTITIES
 
Chapter 1
GENERAL EXECUTIVE BRANCH COMMITTEE AND SUPPORT ORGANIZATION PROVISIONS
 
2-1-1:    SCOPE OF PROVISIONS:
2-1-2:    APPOINTMENT OF COMMITTEE MEMBERS:
2-1-3:    DEFINITIONS:
2-1-4:    TERMS; TERM LIMITS:
2-1-5:    VACANCIES:
2-1-6:    QUALIFICATIONS; RESIDENCY REQUIREMENTS:
2-1-7:    COMMITTEE SIZE:
2-1-8:    APPOINTMENT OF COMMITTEE OFFICERS:
2-1-9:    QUORUM:
2-1-10: CREATION OF EXECUTIVE BRANCH AND COUNCIL COMMITTEES:
2-1-11: MEETINGS; TIMES, LOCATIONS:
2-1-12: OPEN AND PUBLIC MEETINGS:
2-1-13: MINUTES AS GOVERNMENT RECORDS:
2-1-14: COUNCIL LIAISON:
2-1-15: CITY ATTORNEY AND OTHER CITY STAFF SUPPORT:
2-1-16: BUDGET, LIMITATION AND FISCAL CONTROLS:
2-1-17: COMPENSATION:
2-1-18: TERMINATION OR REMOVAL:
2-1-19: LIABILITY COVERAGE AND INDEMNIFICATION:
2-1-20: RULES, POLICY, PROCEDURE:
2-1-21: MEMBER ATTENDANCE REQUIREMENTS:
2-1-22: NO POWER TO ADMINISTER OR ENFORCE LAW:
2-1-23: CONFLICTS OF INTEREST:
2-1-24: TRAINING:
2-1-25: SUNSET PROVISION:
2-1-26: SUPPORT ORGANIZATIONS:
 
 
2-1-1: SCOPE OF PROVISIONS:

This chaptertitle governs all boards, commissions, agencies, support organizations or committees of the cityexecutive branch , unless otherwise specifically provided by law. City council committees, as referenced in Section 2-1-10, are governed by title 1, chapter 6 of this code.   For the purposes of this title, references to "law" will include city ordinances. (2001 Code § 2-6-101; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-2: APPOINTMENT OF COMMITTEE MEMBERS:
Members of the boards, commissions, agencies, support organizations or committees created through and governed by this title shall be appointed or elected by the mayor, with the advice and consent of the city council, unless otherwise required or allowed by law.  With each appointment, the mayor shall provide the council with adequate prior experience and other background information. (2001 Code § 2-6-102; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-3: DEFINITIONS:
COMMITTEE: Unless otherwise expressly provided, as used in this chapter, the term "committee" includes every executive branch board, commission, agency or committee of the city, either individually or collectively, as the term in context would indicate.
SUPPORT ORGANIZATION: A city - controlled tax exempt entity created to assist the city in raising private funds for the city's public purposes. (2001 Code § 2-6-103; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-4: TERMS; TERM LIMITS:
A.    Committee Member Terms: The terms for each member of a committee shall be three (3) calendar years, unless otherwise specifically provided by law. The initial terms for members of newly created committees may be shortened or lengthened by the city council, so as to achieve a staggering of term expirations and to maintain continuity of the committee. The term of each committee member shall expire: 1) on December 31 of the last year of the expiring term; or 2) in the circumstance where city residing is a requirement, the date when the said member ceases to have primary domicile in the city.
B.    Support Organizations: Support organizations are separate legal entities and the terms and elections of trustees/directors/managers shall be as provided in the entity's organizational documents and in applicable Utah law.
C.    Term Limits:
1.    Basic Term Limit: Committee members may only serve for two (2) consecutive three (3) year terms on any one committee, with this term limit commencing with the term or part of a term that includes January 1, 2007.
2.    Six Year Service Limit: No committee member may be appointed or reappointed if the consecutive years of service would exceed six (6) consecutive calendar years on that committee. For purpose of the six (6) year limitation, service for part of a year shall be deemed service for a full year; further, service rendered on a committee to fill the unexpired term of another member shall be included in the six (6) year limitation calculation.
3.    Reappointment After Service Break: A qualified person may be reappointed to the same committee after serving six (6) consecutive years if there has been a break in service of at least one calendar year.
4.    Council Waiver: Notwithstanding the provisions in subsections C1 through C3 of this section, and upon the recommendation of the mayor, the city council may waive the application of these provisions as to any committee member by resolution of reappointment expressly waiving the application of these provisions.
5.    Support Organizations: Board members and officers of support organizations are elected annually, and any limit on the number of years such a board member or officer may serve shall be provided in the entity's bylaws. (2001 Code § 2-6-104; amd. Ord. 10-08, 2-24-2010 and 2001 Code § 2-6-108; 2009 Code § 2-1-8; amd. Ord. 10-08, 2-24-2010; Ord. 13-09, 3-27-2013; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-5: VACANCIES:
A.    Committees: Vacancies occurring on any committee shall be filled by the mayor, with the advice and consent of the city council, for the remainder of the unexpired term of the original appointment.
B.    Support Organizations: Vacancies on management boards shall be handled according to the bylaws or operating agreement of the entity. (2001 Code § 2-6-106; 2009 Code § 2-1-6; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-6: QUALIFICATIONS; RESIDENCY REQUIREMENTS:
Unless otherwise specifically provided in this title, the following conditions and restrictions apply to all committees and support organizations:
A.    Residency:
1.    Committee Members Generally Residents: Except as expressly provided otherwise, voting membership on any committee or support organization is limited to residents of the city appointed by the mayor, with the advice and consent of the city council, who are persons eighteen (18) years of age or older.
2.    Business And Property Owners: For purposes of committee voting membership, an owner of a business located in West Jordan and an owner of property located in West Jordan, even though the owner does not actually reside in West Jordan, are deemed residents of the city.
B.    Nonresidents:
1.    Nonresident Nonvoting Members: Nonresidents may be appointed as nonvoting members if the city council makes a findingmayor finds that special expertise, unique needs of the committee or support organization, or special circumstances make such a nonresident appointment to be in the public interest ; provided that nonresident members of city committees appointed as of April 28, 2010, may continue to function as voting members of their committees until the end of their current terms .
2.    Nonresident Voting Members: Committees with five (5) or fewer members may include one nonresident voting member and committees with more than five (5) members may include two (2) nonresident voting members. Committees may seek special consideration for additional nonresident voting members from the city councilmayor in extraordinary circumstances.
3.    Nonresident Members Prohibited: Nonresidents may not be appointed to the planning commission , board of adjustment,or West Jordan youth council or the employee discharge appeal board . (2001 Code § 2-6-107; 2009 Code § 2-1-7; amd. Ord. 10-08, 2-24-2010; Ord. 10-12, 4-28-2010; Ord. 11-04, 2-9-2011; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-8: APPOINTMENT OF COMMITTEE OFFICERS:
A.    Appointment of Chair ;and Vice Chair ; City Council Approval : The mayor, with the advice and consent of the city council , shall appoint a temporary initial chairperson at the time a committee is created. Thereafter, at one of its regular meetings in January of each year, each committee shall nominate a member to serve as chair and another to serve as vice chair, with the actual appointment by the mayor being subject to the advice and consent of the city council; provided the name of the nominee and a brief vita is filed with the city clerk-recorder prior to January 30 of each year. In the event the name of the nominee is not timely filed or if the mayor or the city council rejects the nominee, the city council may make the appointment itselfmayor may make the appointment, with the advice and consent of the city council . The chair and vice chair shall each be appointed for a one calendar year term, or until their successor is appointed, whichever time is longer.
B.    Secretary: The mayor, with the advice and consent of city council , shall appoint a temporary initial secretary at the time a committee is created. Thereafter, each committee shall appoint a secretary from among its members in their first meeting of each calendar year. The secretary is responsible for keeping roll of all voting members and notifying the city councilmayor when a member is absent for three (3) consecutive committee meetings. The secretary is also required to prepare written minutes of each meeting of the committee within ten (10) working days of the meeting and to submit such minutes to the members of the committee for review and correction in advance of the next meeting. Following approval of minutes by the committee, the secretary will prepare final minutes, incorporating any approved changes, to be kept in the records of the committee with a copy forwarded to the city manager'sclerk/recorder’s office for distribution to the city council . (2001 Code § 2-6-105; 2009 Code § 2-1-5; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-10: CREATION OF EXECUTIVE BRANCH AND COUNCIL COMMITTEES:
The city council may, by ordinance or resolution, create committees required by statute and/or otherwise organized as provided in this chapter to assist itthe city in performing city business. All committees are presumed to be city councilexecutive branch committees unless otherwise designated by ordinance or resolution. The city council may by ordinance or resolution create committees whose organization varies from the provisions in this sectionchapter . City council committees appointed by the city council, include the West Jordan youth council, the general plan committee , the employee discharge appeal board, the budget committee, and the Western Stampede committeeand any other investigative committee created pursuant to Utah Code Annotated section 10-3b-203(1)(b)(iv), as amended and title 1, chapter 6 of this code . (2001 Code § 2-6-111; 2009 Code § 2-1-11; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-14: COUNCIL LIAISON:
The city council shallmay assign one of its members to serve as an ex officio nonvoting member of eachany committee andor support organization; however, failure to do so or the failure of the liaison representative to attend any meeting shall not affect the validity of any otherwise lawful act of the committee. The term of an ex officio member of a committee or support organization will end at the earlier of: a) when another council member is assigned to replace that person, or b) when that person no longer holds the ex officio government position. (2001 Code § 2-6-115; 2009 Code § 2-1-15; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-15: CITY ATTORNEY AND OTHER CITY STAFF SUPPORT:
The city managercity administrator shall assign such personnel as he shall deem necessary to assist the committees and support organizations. The city attorney shall advise each committee and support organization. (2001 Code § 2-6-116; 2009 Code § 2-1-16; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-16: BUDGET, LIMITATION AND FISCAL CONTROLS:
A.    Committees May Propose Budgets: The committee chair or presiding officer of a support organization may prepare and recommend to the city managercity administrator a budget for a committee consistent with city budgeting guidelines and time lines.
B.    No Power To Appropriate Funds Or Bind City: No committee or support organization may appropriate or commit city funds not expressly and previously appropriated to that committee or support organization by the city council, incur debt or otherwise contractually bind the city.
C.    No Separate Bank Account: Except for a support organization, no committee may have or maintain a separate bank account.
D.    Procurement: Each committee and support organization will follow city procurement and contracting protocols, policies and laws.
E.    City Treasurer Manages All City Funds: All committee and support organization funds or appropriations will be handled and managed by the city treasurer, and each committee and support organization shall comply with the fiscal and accounting controls established by the city treasurer and city managercity administrator .
F.    Unbudgeted Expenditures: Any obligation or encumbrance incurred by any member of a committee or official of a support organization in excess of this section's limitations or appropriated funds, if any, shall not be deemed an obligation of the city or the committee and support organization, and shall be the personal obligation of that person.
G.    Reimbursement For Budgeted Expenses: A committee member or official of a support organization who expends personal funds to pay an authorized expense otherwise covered by an appropriated budget for that committee or support organization may seek reimbursement through regular reimbursement forms and processes used by the city finance division. (2001 Code § 2-6-117; 2009 Code § 2-1-17; amd. Ord. 10-08, 2-24-2010 and 2001 Code § 2-6-121; 2009 Code § 2-1-21; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-18: TERMINATION OR REMOVAL:
Each committee member and support organization official serves at the pleasure of the city councilmayor and may be terminated, without cause, by the city councilmayor , unless a showing of cause is specifically required for terminating a given committee member or support organization official by state law. (2001 Code § 2-6-119; 2009 Code § 2-1-19; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-20: RULES, POLICY, PROCEDURE:
Each committee and support organization may adopt rules of conduct and procedure for its own organization and for the transaction of business that are not inconsistent with the requirements of law, subject to periodic review by the city councilmayor . (2001 Code § 2-6-122; 2009 Code § 2-1-22; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-21: MEMBER ATTENDANCE REQUIREMENTS:
It is the duty of each committee member and support organization official to regularly and punctually attend all scheduled and duly noticed meetings. If any appointed committee member or support organization official is absent from three (3) or more scheduled and duly noticed meetings during any one calendar year, that record of absence is good cause for the city councilmayor to remove said member or official. (2001 Code § 2-6-123; 2009 Code § 2-1-23; amd. Ord. 10-08, 2-24-2010; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-24: TRAINING:
The city managercity administrator shall provide for and schedule annual training for all members of all city committees and support organizations. The purpose of the training will be to review the provisions and requirements of this chapter, and other issues and developments that are pertinent to city committees and support organizations. (Ord. 10-08, 2-24-2010; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-1-25: SUNSET PROVISION:
Except for statutory committees and as otherwise required by law, the existence and authority of a city councilan executive branch committee shall end on June 30, 2020 the fourth anniversary of its creation by the city council unless prior to that date the city council reauthorizes such committee for another four (4) yearsthe indefinite future . Except as otherwise required by law, the existence and authority of any city council committee in existence on July 1, 2009, shall end on June 30, 2011, unless prior to that date the city council reauthorizes such committee for another four (4) years. (Ord. 10-08, 2-24-2010; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
Chapter 2
PLANNING COMMISSION
2-2-2: POWERS AND DUTIES:
The planning commission shall have the powers and duties set forth in the Utah municipal land use development and management act, or its successor provisions, and city law. These powers and duties include:
A.    Adopt General Plan: After holding required public hearings, preparing and recommending a general plan and amendments to it to the city council.
B.    Zoning , Subdivision, and other Land Use Ordinance s : Recommending to the city council zoning , subdivision, and other land use ordinances and maps and amendments thereto, as appropriate.
C.    Administer Land Use: Administering the provisions of title 13titles 12, 13, 14 and 15 of this code, or its successor, as provided by law.
D.    Advise Mayor and City Council: Recommending to the city council subdivision ordinances, regulations and amendments thereto, as appropriate. Also, adviseAdvise the mayor and the city council on land use, real property transactions, street closure and other matters, as the mayor and city council may direct or request.
E.    Review Plats And Development Proposals: Approving or denying subdivision plats, commercial development site plans and other developments, in accordance with the development standards established by the city or otherwise provided by law.
F.    Conditional Use Permits: Hearing or deciding any matters that the city council by ordinance designates, including recommendations to approve or denyapproving or denying conditional use permits, in accordance with the provisions of city law1.
G.    Administer Oaths; Witnesses: The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses, as authorized by law and in Utah Code Annotated section 10-9a-302, or any successor provision.
H.    Miscellaneous Functions: Exercising any other powers that are necessary to enable it to perform its functions in accordance with the provisions of city or state law, or which are lawfully delegated to it by the city councilthe city council by ordinance designates . (2001 Code § 2-6-1402; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-3: APPOINTMENT OF MEMBERS:
The mayor, with the advice and consent of the city council , shall appoint seven (7) qualified persons to be full time members of the planning commission. (2001 Code § 2-6-1403; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-6: REMOVAL:
Members of the commission may be removed by the city manager, with the advice and consent of the city council, for just causemayor . (2001 Code § 2-6-1406; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-7: STAFF ASSIGNMENTS:
The city managercity administrator may assign personnel to assist the planning commission, attend meetings of the commission, give counsel on matters before the commission and make studies to assist it in making determinations on those matters within its jurisdiction. (2001 Code § 2-6-1407; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-8: MEETINGS:
A.    Meeting Schedule: The planning commission will hold regular meetings not less than two (2) times per month , pursuant to a schedule adopted each January by city council resolution.
B.    Meeting Location: Planning commission meetings will be held at city hall in the chambers of the city council, which are located at 8000 South Redwood Road, West Jordan, Utah. Commission meetings may be held at other locations as necessary and as lawfully noticed. The preliminary meeting will be held in the development services conference room on the second floor of city hall.
C.    Time Of Meeting: Planning commission meetings will begin at six o'clock (6:00) P.M. A preliminary planning meeting will begin at five thirty o'clock (5:30) P.M. immediately preceding the business meeting.
D.    Emergency And Special Meetings: Emergency and special meetings of the planning commission may be held at such times and locations as designated by the commission and in accordance with applicable law.
E.    Notice Of Meetings: The city clerk/recorder, or her designee, shall cause that the required notice of the locations and times of all meetings of the planning commission be posted as required by state law.
F.    Open And Public Meetings: All meetings of the planning commission shall be held in compliance with the Utah open and public meetings act as set forth in Utah code section 52-4-1 et seq., or successor provisions.
G.    Quorum: A quorum to transact any business shall consist of four (4) members. A minimum number of three (3) affirmative votes is necessary for the commission to take any action.
H.   Electronic Meetings:  Up to two (2) planning commissioners may participate electronically pursuant to section 1-13-1E of this code .  (2001 Code § 2-6-1408; Ord. 09-24, 8-25-2009; Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-10: MINUTES AND RECORDS; TRANSCRIPTIONS:
The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each substantive question. These minutes shall make a record of any absent member and any member who fails to vote, together with all examinations of witnesses and other official actions. The planning commission may, but is not required to,shall have its proceedings contemporaneously transcribed by a court reporter or on a tape recorderclerk and recorded on a voice recording . (2001 Code § 2-6-1410; amd. Ord. 19-16, 04-10-2019, Effective at 12 noon on January 6, 2020)
2-2-12: COMPENSATION:
Each member of the planning commission shall be compensated in the amount of fifty dollars ($50.00) per diem for each regularly scheduled and noticed meeting of the commission, actually attended by the member, or such other sum as the city council shall set by ordinance or resolutionaccording to the council and committee compensation schedule . The chairperson shall serve without any additional compensation. (2001 Code § 2-6-1413; amd. 2009 Code; Ord. 19-16, 04-10-2019, Effective July 1, 2019)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 13, chapter 7, article E of this code.