Utah § 3b-403 - Council in a five-member council form of government.
Full text of Utah Utah Code § 3b-403 — Council in a five-member council form of government., with citation guidance and answers to common questions.
§ 3b-403. Council in a five-member council form of government.
Effective 5/7/2025 10-3b-403.
Council in a five-member council form of government.
(1)
The council in a municipality operating under a five-member council form of municipal government:
(a)
exercises any executive or administrative power and performs or supervises the performance of any executive or administrative duty or function that:
(i)
has not been given to the mayor under Section 10-3b-104; or
(ii)
has been given to the mayor under Section 10-3b-104 but is removed from the mayor under Subsection (1)(b)(i)(A);
(b)
may:
(i)
subject to Subsections (1)(c) and (2), adopt an ordinance:
(A)
removing from the mayor any power, duty, or function of the mayor under Section 10-3b-104; and
(B)
reinstating to the mayor any power, duty, or function previously removed under Subsection (1)(b)(i)(A);
(ii)
adopt an ordinance delegating to the mayor any executive or administrative power, duty, or function that the council has under Subsection (1)(a);
(iii)
subject to Subsections (3) and (4), appoint a manager to perform executive and administrative duties or functions that the council by ordinance delegates to the manager, subject to Subsection (1)(c);
(iv)
subject to Subsection (3), dismiss a manager appointed under Subsection (1)(b)(iii); and
(v)
assign any or all council members, including the mayor, to supervise one or more administrative departments of the municipality; and
(c)
may not remove from the mayor or delegate to a manager appointed by the council:
(i)
any of the mayor's legislative or judicial powers or ceremonial functions;
(ii)
the mayor's position as chair of the council; or
(iii)
any ex officio position that the mayor holds.
(2)
Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the mayor a power, duty, or function provided for in Section 10-3b-104 requires the affirmative vote of:
(a)
the mayor and a majority of all other council members; or
(b)
all council members except the mayor.
(3)
(a)
As used in this Subsection (3), "interim vacancy period" means the period of time that:
(i)
begins on the day on which a municipal general election described in Section 10-3-201 is held to elect a council member; and
(ii)
ends on the day on which the council member-elect begins the council member's term.
(b)
(i)
During an interim vacancy period, the council may not:
(A)
appoint a manager; or
(B)
adopt an ordinance establishing a procedure for the dismissal of a manager that is more restrictive than the procedure applicable at the time the manager was appointed.
(ii)
Notwithstanding Subsection (3)(b)(i)(A):
(A)
the council may appoint an interim manager during an interim vacancy period; and
(B)
the interim manager's term shall expire once a new manager is appointed by the new administration after the interim vacancy period has ended.
(c)
Subsection (3)(b) does not apply if all the council members who held office on the day of the municipal general election whose term of office was vacant for the election are re-elected to the council for the following term.
(4)
A council that appoints a manager in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the manager.
Section 3b-403 ("Council in a five-member council form of government.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 3b-403?
A common citation format is "Utah Code § 3b-403" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 3b-403 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
