The executive branch of the city is organized as follows:
A. Office Of The Mayor:
1. Appointment And Organization Of Office Staff: The mayor may appoint, without the advice and consent of the city council, assistants and officers who shall perform such functions and duties as may be assigned to them by the mayor. In order to provide proper staff and administrative services to the city and its departments, the mayor is authorized to establish within the office of the mayor such divisions or sections as may seem necessary or proper for the aforesaid purposes without the city council's advice and consent.
2. City Administrator:
a. The mayor shall appoint a chief administrative officer, to be officially called city administrator, with the advice and consent of the city council, to exercise such duties as the mayor shall prescribe which are consistent with city ordinances and state law.
b. The position of city administrator was mandated by voter approval of Resolution 17-163 on November 7, 2017.
c. The city administrator shall be appointed on the basis of demonstrated ability. Experience in the field of local government administration is preferred.
d. The city administrator may be removed at the sole discretion of the mayor, without the advice and consent of the city council.
e. Except as the mayor may otherwise direct, and except as otherwise provided in this section, the city administrator may exercise the powers identified in section 1-8-8A3, including the approving and signing of contracts.
3. Powers And Duties Of City Administrator: The city administrator's powers and duties shall include, but are not limited to:
a. Administering, supervising, and exercising control over all executive branch departments and divisions of the city, including supervising all department directors;
b. Recommending to the mayor the hiring, disciplining or termination of department directors, statutory officers and other at-will employees appointed by the mayor;
c. Hiring, disciplining, and terminating all other executive branch employees;
d. Conducting performance evaluations and pay adjustments as prescribed by the code;
e. Supervising the administration and enforcement of all laws, including this code, as they affect the executive branch departments and divisions;
f. Executing the policies affecting the departments that are adopted by the city council;
g. Issuing rules, regulations, and procedures applicable to all city operations and employees which are not in conflict with the laws of the state or this code;
h. Subject to state statute and council rules, attending all open city council meetings (and closed meetings, if invited by the council) with the right to take part in all discussions as requested by the council;
i. Establishing procedures, consistent with law and approved by the mayor, for the purchase of materials or services and otherwise authorizing expenditures of funds in executive branch departments on behalf of the city;
j. Approving and executing contracts;
k. Cooperating with, and instructing city employees to cooperate with, city council investigative committees; and
l. Performing such other duties as directed by the mayor or permitted by law.
4. Assistant City Administrator: Subject to budget constraints, the mayor may appoint one or more assistant city administrators, after a recommendation from the city administrator, to exercise such duties as the city administrator shall prescribe which are consistent with state law.
a. An assistant city administrator shall be appointed on the basis of demonstrated ability and prior experience in the field of local government administration, together with such other qualifications as may be prescribed by the city administrator;
b. An assistant city administrator may be removed at the sole discretion of the city administrator; and
c. An assistant city administrator shall have only the powers delegated by the city administrator, which may include, but are not limited to:
(1) Executing the powers listed above for the city administrator if specifically delegated by the city administrator;
(2) Fulfilling assignments to serve as a department head and/or to supervise one or more departments or independent divisions without advice and consent of the city council; and
(3) Substituting as acting city administrator in the absence of the city administrator.
B. Legal Department: The function of the legal department shall be to carry out the duties, as applicable, of the city attorney.
1. Appointment Of City Attorney: The city attorney is the director of the legal department and chief legal advisor to the mayor and the city council. The city attorney must be a member in good standing of the Utah state bar and licensed to practice law before all federal and state courts in Utah.
2. Retention Of Outside Counsel: Nothing in this article precludes city administration or the city council from retaining outside legal counsel, paid from budgeted appropriations, as they may deem needed or appropriate. Outside legal counsel shall not interfere with the ethical obligations of the attorneys that work in the legal department or their duties.
3. Functions And Duties Of City Attorney: Subject to the general supervision and direction of city administration, the city attorney's duties shall include, but are not limited to:
a. Advising city administration, the city council, and other city officers and employees, including members of committees, boards, and commissions, on matters of law affecting the city or their actions.
b. Prosecuting violations of city ordinances and state law.
c. Preparing and reviewing contracts, ordinances and other legal documents concerning the city.
d. Managing litigation in which the city is a party.
e. Cooperating with outside counsel hired by the city council or the city administration.
f. Handling and participating in, including the filing of friend of the court pleadings, litigation which directly affects the city or an identifiable class of city residents, if authorized to do so by city administration. However, in the sole discretion of the city attorney, or his/her designee, such litigation shall not create a conflict of interest for the city or for the city attorney in the performance of his professional responsibilities.
g. Administering the legal department and supervising employees assigned to the legal department.
h. Performing such other duties imposed by city ordinance or assigned by city administration.
i. With the concurrence of city administration, establishing within the legal department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions.
4. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the city attorney.
5. Attorney Ethics And Professionalism Govern: Although the activities of the city attorney are subject to the general supervision and direction of city administration, nothing expressed in this section shall be deemed to be a limitation upon the professional opinion or judgment of the city attorney on matters of law affecting the city.
6. Granting Immunity: The city attorney may grant immunity from prosecution for violation of city ordinances as permitted by Utah law.
C. Community Development: The function of the community development department shall be to carry out the duties, as applicable, of the community development director.
1. Appointment Of Community Development Director: The mayor shall appoint a qualified person to be the director of the community development department with the advice and consent of the city council.
2. Functions And Duties Of Director: Subject to the supervision and direction of city administration, the community development director's duties shall include, but are not limited to:
a. Performing the duties prescribed by state law, this code, and other city ordinances;
b. Establishing long range and short range land use plans, goals, policies and frameworks for land use;
c. Developing and updating the master street plan of the city;
d. Coordinating the review of street standards with the director of public works and city engineer;
e. Assisting the director of public works in the preparation of the capital improvements program and plans;
f. Providing city administration, the land use appeal authority, and the planning commission with technical assistance and advice;
g. Reviewing all zoning petitions and conditional use permit applications;
h. Preparing and coordinating the agendas for meetings of the planning commission and the land use appeal authority;
i. Reviewing all plats of subdivisions and site plans of residential, commercial and industrial developments to ensure compliance with city ordinances;
j. Inspecting the work covered under the provisions of the building, electrical, plumbing and other applicable construction codes, including those contained in title 10 of this code;
k. Issuing building and development permits under the provisions of the construction codes;
l. Assisting and advising the public with respect to the requirements of such construction codes;
m. Investigating complaints concerning the presence of hazardous or illegal conditions or uses in premises;
n. Administering and enforcing the planning and zoning ordinances and licenses and ensure compliance with their provisions;
o. Reviewing sites and inspecting premises for compliance with international codes, state law and city ordinances;
p. Administering the community development department;
q. Coordinating with other departments as needed;
r. Coordinating with city committees, boards, and commissions, as assigned by city administration;
s. Performing such other duties as are imposed by law, this code and other city ordinances, or by direction of city administration;
t. Supervising and coordinating the functions of the city engineer; and
u. With the concurrence of city administration, establishing within the community development department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions.
3. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the community development department or from assigning the designated duties and responsibilities to another department or division, as city administration shall deem appropriate.
4. Appointment Of City Engineer: The mayor shall appoint a qualified person to serve as the city engineer with the advice and consent of the city council. To be qualified, the city engineer must be a professional engineer registered with the state under Utah Code Annotated title 58, chapter 22, or any successor statute.
5. Functions And Duties Of City Engineer: The duties and responsibilities of the city engineer or designee include, but are not limited to, the following:
a. In cooperation with other divisions and departments, oversee the process of private development in the city, including land disturbance, engineer review, storm drainage, road construction, parks and trails, culinary water and wastewaters;
b. Review and process subdivision development plans and inspect all public improvements;
c. Monitor, evaluate, and administer city imposed impact fees;
d. Provide technical support and assist in the development of various utility and impact fee rates, including those for culinary water, wastewater and stormwater;
e. Develop standard city construction specifications;
f. Monitor and develop specifications and evaluate the city transportation grid and traffic issues and conduct traffic studies;
g. In cooperation with the other divisions in the community development department, review and inspect private development and construction;
h. Develop and maintain a geographical information system for the city;
i. Perform other functions and duties assigned by the community development director; and
j. File all drawings and documents submitted to him pertaining to public lands and improvements. Such documents shall be open for public inspection. The city engineer shall keep the records and files in good condition and turn the same over to his successor in office. The city engineer shall allow no alteration, mutilation or changes in any matter or record and shall be held strictly accountable for the same. However, the city engineer may designate the city recorder to be the repository of said records and documents.
D. Fire Department: The function of the fire department shall be to carry out the duties, as applicable, of the fire chief.
1. Appointment Of Fire Chief: The mayor shall appoint a qualified person to be chief of the city fire department with the advice and consent of the city council.
2. Functions And Duties Of Fire Chief: Subject to the supervision and direction of city administration, the fire chief's duties shall include, but are not limited to:
a. Carrying out the duties of a fire department as prescribed by law;
b. Supervising and controlling the function of the fire department;
c. Aggressively seeking to prevent and suppress fires and other life threatening or property endangering situations; enforcing laws pertaining to fire prevention; identifying fire hazards; and maintaining appropriate records concerning fires and other hazards;
d. Responding to calls for emergency medical assistance;
e. With the concurrence of city administration, establishing within the fire department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions; and
f. Performing such other duties as are assigned by city administration.
3. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the fire chief or assigning the designated duties and responsibilities to another department or division, as city administration shall deem appropriate.
4. Powers And Duties Of Fire Officers: The members of the fire department shall have the power and authority as set forth in Utah Code Annotated.
E. Police Department: The function of the police department shall be to carry out the duties, as applicable, of the police chief.
1. Appointment Of Police Chief: The mayor shall appoint a qualified person to be chief of the city police department with the advice and consent of the city council.
2. Functions And Duties Of Police Chief: Subject to the supervision and direction of city administration the police chief's duties shall include, but are not limited to:
a. Carrying out the duties of a police department as prescribed by law;
b. Supervising and controlling the function of the police department;
c. Enforcing the laws of the United States, State of Utah and city ordinances, investigating violations thereof and apprehending and assisting in the prosecution of the violators thereof;
d. Responding to calls for emergency assistance;
e. Investigating traffic accidents;
f. Recovering lost, stolen property and maintaining the same until said property is disposed of, as provided by law;
g. With the concurrence of city administration, establishing within the police department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions; and
h. Performing such other duties as are assigned by city administration.
3. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the police chief or assigning the designated duties and responsibilities to another department or division, as city administration shall deem appropriate.
4. Powers And Duties Of Police Officers: The members of the police force shall have all power and authority authorized in state and federal law.
F. Public Works Department: The function of the public works department shall be to carry out the duties, as applicable, of the public works director.
1. Appointment Of Public Works Director: The mayor shall appoint a qualified person to be the director of public works with the advice and consent of the city council.
2. Functions And Duties Of The Public Works Director: Subject to the supervision and direction of city administration the public works director's duties shall include, but are not limited to:
a. Supplying and distributing culinary water to the public and maintaining culinary water, sanitary sewer, and storm sewer lines, including coordinating and developing storm water reports and compliance measures for the city pollution discharge elimination system (UPDES) permit, dealing with the city overall administration of compliance efforts;
b. Being responsible for street construction, maintenance and snow removal;
c. Maintaining street signs;
d. Ensuring that residential refuse is collected and disposed of on a routine basis;
e. Administering contracts for public works projects;
f. Designing city projects and developing city infrastructure master plans;
g. Managing and administering the capital projects engineering function;
h. With the concurrence of city administration, establishing within the public works department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions; and
i. Perform such other duties as are assigned by city administration.
3. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the public works director or assigning the designated duties and responsibilities to another department or division, as city administration shall deem appropriate.
G. Administrative Services Department: The function of the administrative services department shall be to carry out the duties, as applicable, of the administrative services director.
1. Appointment Of Administrative Services Director: The mayor shall appoint a qualified person to be the administrative services director with the advice and consent of the city council.
2. Functions And Duties Of The Administrative Services Director: Subject to the supervision and direction of city administration the administrative services director's duties shall include, but are not limited to:
a. Performing the duties set forth in the uniform fiscal procedures act for Utah cities, Utah Code Annotated title 10, chapter 6, or any successor provisions, including but not limited to those of a finance department;
b. Supervising the city treasurer;
c. Performing the city's accounting functions;
d. Preparing the city's annual budget and any necessary budget adjustments;
e. Supervising and administering the procurement of goods and services for the city in accordance with applicable state law and city code;
f. Administering the city's payroll;
g. With the concurrence of city administration, establishing within the administrative services department such divisions or sections as may seem necessary or proper for the efficient and effective operation of the department and its functions; and
h. Performing such other duties as are assigned by city administration.
3. Other Duties Assigned By City Administration: The enumeration of the foregoing duties and responsibilities shall not be deemed to prevent or limit city administration from prescribing additional duties, functions, or responsibilities to the administrative services director or assigning the designated duties and responsibilities to another department or division as city administration shall deem appropriate.
4. Appointment Of Treasurer: The mayor shall appoint a qualified person to serve as the city treasurer with the advice and consent of the city council who shall not be the administrative services director or director of finance.
5. Function And Duties Of Treasurer: Subject to the supervision and direction of the administrative services director, the city treasurer's duties shall include, but are not limited to:
a. Being the custodian of all money, bonds or other securities of the city;
b. Determining the cash requirements of the city and providing for the investment of all idle cash;
c. Receiving all money payable to the city, within three (3) business days after collection, including all taxes, licenses, fines and intergovernmental revenue, and keeping an accurate, detailed account in the manner provided by the Uniform Fiscal Procedures Act for Utah Cities, Utah Code Annotated title 10, chapter 6, or successor provisions;
d. Giving or causing to be given to every person paying money to the city treasury a receipt or other evidence of payment, specifying, as appropriate, the date of payment and upon which account paid, and file the duplicate of the receipt, a separate report or other evidence of payment in the office of the administrative services director;
e. Promptly depositing all city funds in the appropriate bank account of the city;
f. Keeping in proper books a full and accurate account of all the monies, bonds or other securities received and disbursed by him on behalf of the city, specifying the time of receipt and disbursement, from whom received and to whom disbursed, on what account received and disbursed, and how paid;
g. Canceling all warrants and other evidences of debt against the city, whenever paid by him, by writing or stamping across the face the words, "paid by the city treasurer", with the date of payment written or stamped thereon;
h. Receiving and having custody of all monies paid to the city and disbursing city monies upon the warrant of the administrative services director. The city treasurer shall sign all checks prepared by the administrative services director. Prior to affixing the signature, the city treasurer shall determine that a sufficient amount is on deposit in the appropriate bank account of the city to honor the check;
i. Paying city employees, upon presentation of the properly certified payroll;
j. Demanding and receiving all monies and fees owing to the city whenever any person is indebted to the city in any manner;
k. Preparing estimates of revenue and giving such other assistance in the preparation of the budget as may be required of him by city administration;
l. Collecting all special taxes and assessments, as provided by law and ordinance. All money received by the city treasurer on any special assessment shall be applied to the payment of the improvement for which the assessment was made. The money shall be used for the payment of interest and principal on bonds or other indebtedness issues in settlement thereof, and shall be used for no other purpose whatsoever, except as otherwise provided in Utah Code Annotated section 10-6-131;
m. If the city is without funds on deposit in one of its appropriate bank accounts with which to pay any lawfully approved claim, the administrative services director shall draw and sign a warrant upon the city treasurer for payment of the claim, the warrant to be tendered to the payee named on the warrant. The city treasurer shall pay all warrants in the order in which presented and as money becomes available for payment in the appropriate funds of the city. The city treasurer shall note upon the back of each warrant presented the date of presentation and the date of payment;
n. Making a regular settlement with the administrative services director or his/her designee of the amounts received and paid out during the day for which settlement is being made, and at such settlements deliver to the administrative services director, properly canceled, all warrants and other obligations to the city paid by him/her since his last settlement and take a receipt in duplicate, one to be turned over to the administrative services director and one to be retained by him, and once each month he shall balance accounts with the administrative services director, which monthly settlement shall show the balance to the credit of the several funds for which the city treasurer is responsible;
o. Making a detailed report to the administrative services director on the first business day after the last calendar day of the preceding month as to the business of his office during the preceding month, showing the balance on and to the credit of the different funds at the time of his last report, the amount received during the month, and on what account, together with such other items and facts the administrative services director;
p. Receiving cash as required and provide such other general central services as required; and
q. Keeping appropriate records concerning bonds and other evidences of indebtedness incurred by the city.
r. Performing all such duties as may be prescribed by statute, ordinance, or city administration or the administrative services director that are consistent with law.
H. Special Functions, Positions, And Departments:
1. List Of Special Functions And Positions: The following special functions and positions may (and in some instances, shall) exist in the executive branch:
a. City recorder's office;
b. Processing passports;
c. Economic development/redevelopment;
d. Information technology;
e. GIS (geographical information systems);
f. Human resources and employee benefits;
g. Risk management;
h. Emergency management/preparation;
i. Public information/communications, including social media;
j. Special events;
k. Staff support for committees;
l. Cemeteries;
m. Parks and trails;
n. Urban forestry;
o. Performing arts;
p. Facilities management;
q. Fleet management;
r. Code enforcement;
s. Business licensing and rental licensing;
t. Grants, including community development block grants;
u. Animal control;
v. Parking enforcement;
w. Crossing guards;
x. Victim advocates (victim assistance);
y. Real property administration;
z. Contract/lease administration; and
aa. Other miscellaneous functions and positions.
2. Placement Of Special Functions And Positions: During a budget year, city administration may change the organizational placement of any currently funded special function, division, or position within or among departments or independent divisions without the need for council approval, as long as notice is provided to the council proving that the change is fully funded by the current budget. A special function, division, or position which is not currently funded requires council funding approval before the special function or position may be created. City administration may organizationally place any given special function or position:
a. In a department identified in the city code;
b. In a special department;
c. As, or as part of, an independent division;
d. In the mayor's office; or
e. In some combination thereof.
3. Creation Of Special Departments: Within budget constraints and consistent with subsections 1-8-1C and 1-8-1D, city administration may recommend special departments by rearranging currently funded divisions from departments identified in the city code, independent divisions, and/or any special functions or positions. Each special department shall have at least two (2) divisions or functions and shall be identified in the organizational chart of the annual city budget. Council approval is required to create a new special department.
4. Appointment Of City Recorder: The mayor, with the advice and consent of the city council, shall appoint a qualified person to the office of city recorder. The city recorder, with the approval of city administration, may hire one or more deputy or assistant city recorders as is required to assist in the city recorder’s public duties.
5. Functions And Duties Of City Recorder: The city recorder (or designee) shall:
a. Perform such duties as are now or may hereafter be provided by law, this code, or other ordinance.
b. Receive the record of all city council proceedings from council staff, and perform such other duties of a like nature as may be required by city administration.
c. Work with appropriate officials and employees to ensure the recording, filing, and indexing of; and make available for public inspection and safekeeping; all proceedings of the city council and other records of the city.
d. Record in full, uniformly and permanently, all ordinances and authenticate the same. The city recorder shall record all ordinances passed by the city council. Immediately following each ordinance, or codification of ordinances, the city recorder shall make or cause to be made a certificate stating the date of passage and of the date of publication or posting, as required. The record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage and publication or posting of the ordinance or codification.
e. Post or publish, as required by law, ordinances adopted by the city council, and all legal notices.
f. Oversee all municipal elections in accordance with state law and municipal ordinances and keep and maintain all election records and have custody of all property used in connection therewith, according to law.
g. Attest the mayor's (or the city administrator's) signature on all contracts made on behalf of the city and maintain a properly indexed record of all such contracts.
h. Notify the mayor or other appointing authority of the impending expiration of the term of office of a member of any executive branch committee, board, or commission, said notice to be given at least thirty (30) days before such expiration.
i. Unless otherwise allowed by law, administer the constitutional oath of office to all officers of the city, whether elected or appointed, before such officers enter on the duties of their respective offices. All oaths of office shall be filed with the city recorder, except for the oath of office for the city recorder, which shall also be filed with the city treasurer.
j. Be the custodian of the official seal of the city.
k. Act as the city records officer under state law to oversee and coordinate records access and management and city archives activities as required by local, state and federal law.
l. Perform such other duties assigned by city administration.
m. Certify copies of all documents and records filed in the city recorder’s office and transcripts from all records of the city council with the city’s corporate seal, which shall make them admissible in all courts as original documents.
n. Certify the ordinance or resolution setting the tax levy to the county auditor on or before the date specified in state code.
o. Accept service of process, writs of garnishment, employee appeals, initiative and referendum petitions, claims as set forth under state law or by this code, and any other document or record prescribed by state law, this code, or other ordinance that is required to be served on the city or city recorder. All documents, claims, or other matters served or filed with or against the city will be deemed filed when received by the city recorder.
p. Prepare, attest, and report on the vital statistics of the city. (Ord. 20-34, 9-9-2020; amd. Ord. 21-04, 2-10-2021)