Friday, October 07, 2011

CHANGING OF THE APPOINTIVE AUTHORITY



1963 Ordinances

2-6 Appointive Power---The Mayor shall, by and with the advice and consent of the City council, appoint all appointive officers provided for by the city ordinances and by statute, and shall appoint all committees authorized by ordinance or resolution of the city council.

Heber City in the 1964 Ordinance book gave all appointive powers to the Mayor with advice and consent of the Heber City Council.

October 1998 Ordinance Book.

Section 2.08.050

          The Mayor shall, by and with the advice and consent of the City council, appoint all appointive officers provided for by the city ordinances and by statute, and shall appoint all committees authorized by ordinance or resolution of the city council. 

October 1998 Ordinance Book continues with the doctrine the Mayor has the appointive power with advice and consent of the city council.

The history of appointing a city engineer or public works director.

In the 1963, 16-1 compensation; Appointment----The mayor may appoint during the term for which he is elected, subject to confirmation by the city council, a competent person to the position of city engineer.

1963 code did not have a public works director, but had superintendents for water, sewer, Streets and roads. All, subject to the mayor appointing with advice and consent of the City Council. The sewer supervisor was appointed by the City Council, since in 1963, he reported directly to the Council.

1963 code----Engineer-16-1

                   Water – 30-33   

                   Streets/Roads-25-1

                  Sewer-24-5

Over time, the city combined the duties of individuals until Ordinance 91-05 and Ordinance 97-09 was enacted. In the 1998 Code Book, the public works director was established as chapter 2.32.

2.32.010-Appointment

          The mayor, with  the advice and consent of the City Council, shall have power to appoint during the term for which he is elected, a competent person as public works director.

The current code for Heber City has a major shift from the mayor appointing with advice and consent of the council, to having the City Manager make the appointment with no mention of advice and consent of the City Council.

This shift in policy occurred 2003, when a number of ordinances were changed that allowed the city manager to have control where previously the mayor was in charge with advice and consent of the council



City Engineer/Public Works Director

Section 2.28.010Appointment--Compensation.

The City Manager may appoint a competent person to the position of City

Engineer/Public Works Director.  (Ord. 2003-25, 2003; Ord. 97-09, 1997) Ord. 91-05,

1991; Prior code §16-1)

(2003-25, Amended, 11/20/2003)



A careful review  of all Heber City ordinances will show little changes that were made to include the City Manager in the operation of the City and to have the mayor with equal footing as the council. As an example review the following:

Code 1963  2-1 Municipal Government—The municipal government of Heber City is hereby vested in a mayor and city council. The city council shall be composed of five councilmen, chosen at large by the qualified voters of the city.

Nothing is said about the Mayor being voted on with the council.

Code 1998- Municipal Government—Form

          The municipal government of the city is vested in a mayor, city council and a city manager. The city council shall be composed of five council member, chosen at large by the qualified voters of the city.

The item; “city manager” added in 1998. Nothing  said about the mayor being voted on with the council.

Section 2.04.010Form. Current Code

The municipal government of the city is vested in a mayor and city council and a

city manager.  The city council and mayor shall be chosen by the qualified voters of the

city. The city council shall be composed of five council members.  (Ord. 2003-25, 2003;

Ord. 98-19, 1998; Ord. 91-05, 1991; Prior code §2-1)

(2003-25, Amended, 11/20/2003; 98-19, Amended, 10/15/1998)

Little changes made to include the mayor with equal footing as the council and portending the future, which is to allow the mayor to be a voting member of the council.