Cities' power shift is under scrutiny

State legislators are trying to determine what to do about a state law that allows city councils to strip mayors of their administrative powers without a public vote.

A task force headed by Sen. Carlene Walker, R-Cottonwood Heights, met for the first time Thursday to discuss the controversial issue, which has sparked pending referendum votes in Bluffdale and Syracuse.

"We won't be able to solve the problems before a June election," Walker said, "but we can get some of the questions and the issues on the table."

At the recent legislative session, Walker sponsored SB41, which initially sought to repeal the section of the state code that makes it possible for municipal councils to establish a city-manager form of government by ordinance.

The legislation was softened during the session and passed as a task-force bill. A moratorium was placed on enacting city-manager forms of government by ordinance until May 5, 2008, while the task force meets to study the issue.

Walker said it's potentially a constitutional issue.

"I really feel that the voters should have say," Walker said. "They elected their officials with the idea that they would have certain responsibilities. If that is changed midterm, I believe very strongly that the voters should be consulted."

Enough residents in Syracuse and Bluffdale have signed their names to petitions to allow referendums that will challenge the action of their respective city councils.

The ordinances were suspended in both cities until voters have their say. Bluffdale is planning a June 26 vote; Syracuse will wait until November.

Utah has four statutory forms of local government: a five-member city council, a six-member council, the council/mayor form of government and the council/manager form, said Robert Rees, associate general counsel for the task force. In order for a city to change or adopt one of those forms of government, a public vote is required.

Then there's city manager by ordinance, which often is called a form of government but actually isn't, he said. Under the provision in state code, a city council can adopt a city manager by ordinance and shift powers from the mayor to that new position, all without a public vote or even a public hearing.

"To call it a form of government may be a misnomer, I guess, because it doesn't go through the same rigorous type of process to be adopted as other forms of government," Rees said.

The task force is set to meet again May 23, June 13 and tentatively on Aug. 22. It will report its findings to the Political Subdivision Interim Committee in November.

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