Measure would prohibit city councils from changing form of government without public vote

A bill that would temporarily prohibit municipal councils from changing forms of government without a public vote earned preliminary approval Monday in the Utah Senate.

SB41 calls for a moratorium on enacting manager forms of government until May 5, 2008, and creates a task force to address the controversial issue.

"I am convinced that probably what we need to do is let the dust settle and address this in a task force," said Sen. Carlene Walker, R-Cottonwood Heights, the bill's sponsor.

After meeting with the Utah League of Cities and Towns, Walker said she agreed to substitute the bill for the second time and include the creation of a task force to examine the issue.

The task force will include three members of the Senate, appointed by the Senate president; eight members of the House, appointed by the speaker; and four nonvoting members approved by the League of Cities and Towns.

Walker said the task force will address whether voters should approve form-of-government changes and other issues relating to the manager form of government. It then will report to the Political Subdivisions Interim Committee in November.

Initially, SB41 sought to modify a provision in the state code that makes it possible for municipal councils to establish a city-manager form of government by ordinance and then appoint someone to fill that position.

City councils in Bluffdale and Syracuse last year did just that, and a similar form-of government change has been discussed in Lehi.

"This has been a very big source of controversy over the last few months to basically change the form of government of a municipality by a city council, rather than a vote of the people," Walker said.

Referendum petitions challenging action by the respective councils were circulated in the two cities. The issue will go before voters in both cities in the next municipal election.

Senate President John Valentine, R-Orem, said Walker's original bill didn't have much support.

"There was a real concern on the part of many senators that the bill, as originally drafted, was going to take away the people's right to make decisions" about what form their local government will take, Valentine said.

The bill had been discussed in the Senate GOP caucus, Valentine said.

"I think the bill was in significant trouble the way it was written," he said, calling Walker "wise" to try to solve the problem.

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Contributing: Lisa Rile Roche and Nicole Warburton

E-MAIL: jpage@desnews.com