HB457 would require city council approval of firings

A freshman legislator is seeking to restrict mayors' abilities to fire municipal staff and replace commission, board or committee members.

Rep. Chris Herrod, R-Provo, on Wednesday introduced HB457, which would require the consent of municipal councils to remove department heads, officers and employees, as well as those serving in appointed posts.

Herrod, who on Jan. 5 was selected to replace Jeff Alexander as the representative from House District 62, said he's sponsoring the bill as "another level of protection for city employees."

"Sometimes city councils say one thing, and the mayors ask the employees to do something else," he said. "The mayor is the boss, but (city employees) are also supposed to follow the will of the city council."

Herrod said the bill in part is a response to complaints about a mayor who has been replacing Planning Commission members because he or she doesn't agree with the decisions they've made.

Herrod declined to name that city, saying he first wants to see the type of reaction the bill gets. However, he did say the bill did not originate from the city he represents, Provo, or from Bluffdale or Eagle Mountain, two cities where recent decisions by mayors to fire employees have sparked controversy.

"This is an issue in a number of cities," Herrod said.

Last month, Bluffdale Mayor Claudia Anderson fired administrative services director Brent Bluth for the second time without the consent of the City Council. Anderson previously had fired Bluth in September, although the action was later rescinded at the urging of the council.

In Eagle Mountain, former Mayor Brian Olsen fired city administrator Chris Hillman three months after taking office in 2006. In October, Olsen resigned as mayor after being charged with seven felony counts of misusing public funds.

Bluffdale city ordinance already requires the mayor to get the advice or consent of the council before taking such action, said City Councilman Bill Maxwell.

"But it is certainly nice to have the state code back it up," Maxwell said. "I am very much in favor of this bill."

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