§ 10-3b-302. Mayor in six-member council form of government -- Mayor pro tempore.

(1) The mayor in a municipality operating under a six-member council form of municipal government:

(a) is, except as provided in Subsection (1)(b), a nonvoting member of the council;

(b) votes as a voting member of the council:

(i) on each matter for which there is a tie vote of the other council members present at a council meeting; or

(ii) when the council is voting on:

(A) whether to appoint or dismiss a municipal manager; or

(B) an ordinance that enlarges or restricts the mayor's powers, duties, or functions;

(c) is the chair of the council and presides at all council meetings;

(d) exercises ceremonial functions for the municipality;

(e) may not veto an ordinance, tax levy, or appropriation passed by the council;

(f) except as modified by ordinance under Subsection 10-3b-303(2), has the powers and duties described in Section 10-3b-104; and

(g) may, within budget constraints, appoint one or more administrative assistants to the mayor.

(2)

(a) If the mayor is absent or unable or refuses to act, the council may elect a member of the council as mayor pro tempore, to:

(i) preside at a council meeting; and

(ii) perform, during the mayor's absence, disability, or refusal to act, the duties and functions of mayor.

(b) The municipal clerk or recorder shall enter in the minutes of the council meeting the election of a council member as mayor pro tempore under Subsection (2)(a).

Enacted by Chapter 19, 2008 General Session