§ 10-3b-104. Powers and duties of mayor in six-member council and five-member council forms of government.

(1) Except as provided in Subsection (2), the mayor in a municipality operating under a six-member council form of government or a five-member council form of government:

(a) is the chief executive officer of the municipality to whom all employees of the municipality report;

(b) shall:

(i) keep the peace and enforce the laws of the municipality;

(ii) ensure that all applicable statutes and municipal ordinances and resolutions are faithfully executed and observed;

(iii) if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report the remittance to the council at the council's next meeting after the remittance;

(iv) perform all duties prescribed by statute or municipal ordinance or resolution;

(v) report to the council the condition and needs of the municipality; and

(vi) report to the council any release granted under Subsection (1)(c)(iv); and

(c) may:

(i) recommend for council consideration any measure that the mayor considers to be in the best interests of the municipality;

(ii) remit fines and forfeitures;

(iii) if necessary, call on residents of the municipality over the age of 21 years to assist in enforcing the laws of the state and ordinances of the municipality;

(iv) release a person imprisoned for a violation of a municipal ordinance;

(v) with the council's advice and consent:

(A) assign or appoint a member of the council to administer one or more departments of the municipality; and

(B) appoint a person to fill:

(I) a municipal office; or

(II) a vacancy on a commission or committee of the municipality; and

(vi) at any reasonable time, examine and inspect the official books, papers, records, or documents of:

(A) the municipality; or

(B) any officer, employee, or agency of the municipality.

(2) The powers and duties in Subsection (1) are subject to:

(a) municipal ordinances in effect on May 4, 2008 modifying the powers and duties of the mayor; and

(b) the council's authority to limit or expand the mayor's powers and duties under:

(i) Subsection 10-3b-303(2)(a), for a municipality operating under the six-member council form of government; and

(ii) Subsection 10-3b-403(2)(a), for a municipality operating under the five-member council form of government.

Enacted by Chapter 19, 2008 General Session