CHAPTER 3-1000. - APPOINTED OFFICIALS AND THEIR DUTIES.
Part of the Revised Ordinances of Tremonton, UT.
The text
3-1001. - Creating Offices — Filling Vacancies.#
State Law reference— See U.C.A. § 10-3-901.
(Ord. No. 24-12, 10-29-24)
3-1003. - City Engineer — Custodian of Records of Public Improvements.#
State Law reference— See U.C.A. § 10-3-903.
(Ord. No. 24-12, 10-29-24)
3-1004. - Books and Supplies — Recording, Filing and Inspection.#
State Law reference— See U.C.A. § 10-3-904.
(Ord. No. 24-12, 10-29-24)
3-1005. - Fees to Be Paid in Advance.#
State Law reference— See U.C.A. § 10-3-905.
(Ord. No. 24-12, 10-29-24)
3-1007. - Recordation Not to Interfere with Other Recordation.#
State Law reference— See U.C.A. § 10-3-907.
(Ord. No. 24-12, 10-29-24)
3-1008. - Noncompliance a Misdemeanor.#
State Law reference— See U.C.A. § 10-3-908.
(Ord. No. 24-12, 10-29-24)
3-1010. - Heads of Departments and Subordinate Officers.#
State Law reference— See U.C.A. § 10-3-910.
(Ord. No. 24-12, 10-29-24)
3-1012. - Chief of Department May Suspend Subordinates.#
State Law reference— See U.C.A. § 10-3-912.
(Ord. No. 24-12, 10-29-24)
3-1013. - Authority of Chief of Police.#
State Law reference— See U.C.A. § 10-3-913.
(Ord. No. 24-12, 10-29-24)
3-1014. - Police Officers — Authority.#
(1)
Tremonton Police Department Employees. Except as noted herein, all Employees of the Tremonton City Police Department, including, but not limited to, Chief, Lieutenant, Sergeant, Detective, Investigator, Patrol Officer, School Resource Officer, Animal Control Officer, Special Weapons and Tactics ("SWAT") Team Member, Strike Force Member, and Code enforcement Officer shall be at least twenty-one (21) years of age and not over the age of seventy (70) years, and be physically, mentally, and intellectually capable of fulfilling the duties and responsibilities of their job description.
(2)
Crossing Guards shall be at least twenty-one (21) years of age and be physically, mentally, and intellectually capable of fulfilling the duties and responsibilities of their job description.
(3)
At the discretion of the Chief of Police, employees under the age of twenty-one (21) and/or over the age of seventy (70) may be hired to fill non-public safety non-law enforcement, clerical positions within the Police Department.
(Ord. No. 24-12, 10-29-24)
State Law reference— See U.C.A. § 10-3-914.
3-1015. - Rights to Arrest Without Warrant.#
State Law reference— See U.C.A. § 10-3-915.
(Ord. No. 24-12, 10-29-24)
3-1016. - Appointment of Recorder and Treasurer in a City of Third, Fourth, or Fifth Class or a Town.#
State Law reference— See U.C.A. § 10-3-916.
(Ord. No. 24-12, 10-29-24)
3-1017. - Engineer in a City of the Third, Fourth, or Fifth Class or Town.#
State Law reference— See U.C.A. § 10-3-917.
(Ord. No. 24-12, 10-29-24)
3-1018. - Chief of Police or Marshal in a City of the Third, Fourth or Fifth Class or Town.#
State Law reference— See U.C.A. § 10-3-918.
(Ord. No. 24-12, 10-29-24)
3-1019. - Powers, Duties and Obligations of Police Chief, Marshal and Their Assistants in a City of the Third, Fourth or Fifth Class or Town.#
State Law reference— See U.C.A. § 10-3-919.
(Ord. No. 24-12, 10-29-24)
3-1020. - Bail Commissioner — Powers and Duties.#
State Law reference— See U.C.A. § 10-3-920.
(Ord. No. 24-12, 10-29-24)
3-1021. - Fines — Collection by Bail Commissioner Disposition.#
State Law reference— See U.C.A. § 10-3-921.
(Ord. No. 24-12, 10-29-24)
3-1022. - Term of Bail Commissioners — Salary — Bond of Oath.#
State Law reference— See U.C.A. § 10-3-922.
(Ord. No. 24-12, 10-29-24)
3-1024. - Creation of Position of City Manager — Appointment and Qualifications of Manager.#
(1)
There is hereby created the Position of City Manager of Tremonton, Utah.
(2)
The Mayor of Tremonton City Corporation, by and with the consent and confirmation of the City Council, shall appoint a person to act as City Manager. He or she shall be chosen solely upon the basis of administrative qualifications and need not be a resident of the City of Tremonton or of the State of Utah when appointed. The City Manager shall reside within Tremonton City limits or relocate to live within Tremonton City after assuming the position within a reasonable period of time set by the Mayor as part of the final job offer. The term of employment shall be set by the City Council at the time of appointment, and the contract of employment may contain provisions and methods by which the contract is terminated and by which it is renewed. He or she may be removed with or without cause by a majority vote of the City Council on thirty (30) days' notice.
(Ord. No. 24-04, 2-6-24; Ord. No. 24-12, 10-29-24)
3-1025. - Powers and Duties of Manager.#
The City Manager shall be at all times under the control and supervision of the Mayor and City Council of Tremonton. (1)
The City Manager shall be the chief administrative officer of the City government and require the faithful performance of all administrative duties, and shall:
(a)
Faithfully execute and enforce all applicable laws, ordinances, rules and regulations, and see that all franchises leases permits, contracts, licenses, and privilege granted by the City are observed;
(b)
Carry out the policies and programs established by the City Council;
(c)
Organize and direct the management of the executive affairs of the municipality in a manner consistent with state laws and with City ordinances;
(d)
Prepare the annual budget (to be construed as a financial estimate only) and keep the City Council advised as to the financial condition and needs of the City;
(e)
Appoint, with the advice and consent of the City Council, a qualified person to each of the offices of Police Chief, Fire Chief, Community Services Director, Parks & Recreation Director, Food Pantry Director, Senior Center Director, City Recorder, Finance Director, City Treasurer, Information Technology Director, Building Official, Community Development Director, Public Works Director, City Engineer, City Attorney, and Emergency Manager;
The City Manager may also appoint with the advice of the respective Department Head, and the advise and consent of the City Council, a qualified person to each of the following positions Assistant Public Works Director, Assistant Police Chief, and Assistant Fire Chief.
The City Manager shall determine the process whereby to select a qualified person to propose for appointment for the aforementioned offices or positions. At the City Manager's election the process may include but is not limited to an open recruitment or a promotion of an existing employee. If the City Manager interviews potential candidates they may invite others to participate in the interview process.
The City Manager may also create any other offices as may be deemed necessary, with the consent of the City Council, for the good government of the City; and regulate and prescribe the powers and duties of all other officers of the City, except as provided by law or by ordinance;
(f)
Examine and inspect the books, records, and official papers of any office, department, agency, board, or commission of the City, and make investigations and require reports from personnel;
(g)
Appoint, subject to the provisions of law and of the personnel Code and with the advice and consent of the City Council, suspend or remove heads of City offices, departments and agencies;
(h)
Establish standards, qualifications, criteria and procedures to govern the appointments by heads of offices, departments, and agencies, or by other authorized officers, or divisional officers, assistants, deputies, and employees within their respective organizational units, subject to any applicable provisions of the merit system and Personnel Code;
(i)
Submit to the City Council plans and programs relating to the development and needs of the City, and reports concerning the financial, administrative, and operational activities of City offices, departments, agencies, boards and commissions, together with their evaluation and recommendations relating to them;
(j)
In accordance with Governmental Accounting Standards Board (GASB) fund balance reporting requirements be the official to designate funds to the Assigned Fund Balance category and any sub-categories associated with preparing the City's Financial Statements. Amounts designated by the City Manager to the Assigned Fund Balance category and any sub-categories shall not be construed as an appropriation of any funds to be expended and the City Council after accepting the audit of the City's Financial Statements may amend amounts classified by the City Manager to the Assigned Fund Balance by motion;
(k)
Attend all meetings of the City Council and take part in its discussions and deliberations, but without the right to vote;
(l)
Appoint, with approval by majority vote of the full membership of the City Council, an acting City Manager to serve in their absence or temporary incapacity to perform the powers and duties provided for in this part;
(m)
Discharge any other duties specified by statute or imposed by the City Council; and
(n)
To notify the Mayor and the City Council of any emergency existing in any department under their supervision.
(2)
Supplemental Powers and Duties: In addition to the above-enumerated powers and duties, the City Manager may:
(a)
Authorize a Department Head or officer responsible to them to appoint and remove subordinates serving under that Department Head or officer;
(b)
Designate themselves or some other officer or employee to perform the duties of any office or position in the administrative service under their control which is vacant or which lack administration due to the absence or disability of the incumbent;
(c)
Assign any employee of the City to any department or branch thereof requiring services appropriate to the personnel system classification of the employee so assigned;
(d)
Prescribe such rules and regulations as they shall deem necessary or expedient for the conduct of administrative agencies subject to their authority, and revoke, suspend, or amend any rule or regulation of the administrative service by whomever prescribed;
(e)
Have the power, either by themselves or by an officer or person designated for the purpose by them, to investigate and to examine or inquire into the affairs or operation of any department, division, or office; and when so authorized by the City Council, they shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries;
(f)
Have the power to examine all proposed contracts to which the City may be a party and approve and release on behalf of the City all performance bonds for on-site and off-site improvements and similar obligations. All such approvals and releases shall be listed on the consent calendar portion of the City Council agenda, ratified by the City Council, and referenced in the minutes of the meeting;
(g)
Have the power to approve merit pay increases and bonuses for City employees when appropriate with the consent and approval of City Council;
(h)
Have the power to set aside any action taken by a Department Head;
(i)
Have the power to direct any department, division, or office to perform the work for any other department, division, or office; and
(j)
Have the power to set the dates of all public hearings. All such dates shall be placed on the consent calendar portion of the City Council agenda, ratified by the City Council, and referenced in the minutes of the meeting.
(Ord. No. 10-09; Ord. No. 24-12, 10-29-24)
3-1026. - Legislative Powers and Official Position of the Mayor Not Delegated.#
Nothing contained in this section is intended to diminish or impair the legislative and judicial powers of the Mayor in his position as Chairman of the Governing Body and any ex officio position the Mayor shall hold and said powers and positions shall not be delegated to the City Manager.
(Ord. No. 24-12, 10-29-24)
3-1028. - Attorney Duties — Deputy Public Prosecutor.#
State Law reference— See U.C.A. § 10-3-928.
(Ord. No. 24-12, 10-29-24)