Referendum issues mulled

State legislators are working to clarify parts of Utah's municipal referendum process to prevent disputes now taking place over contradictions and ambiguities in the law.

Rep. Scott Wyatt, R-Logan, explained the need for cleaning up state statute on issues relating to local referenda Wednesday before the Legislature's Political Subdivisions Interim Committee.

"The main interest I have is for this committee to come to some kind of conclusion as to what the rules (for referenda) ought to be," Wyatt said.

The committee authorized the formation of a working group to address some of the issues, including clarifying definitions, addressing concerns about due process, eliminating conflicts in the law and making clear to residents what action can and can't be challenged by referendum.

The local referendum process has sparked several legal battles in recent years as petition sponsors and municipalities have sought clarification in the law, Wyatt said.

In a current lawsuit filed against Providence, where Wyatt serves as city attorney, the definition of when an ordinance becomes law according to the referenda statute is being debated. State law requires that a request for a local referendum be filed within 45 days of passage of a law, Wyatt said, but it's unclear whether that means the date when the legislative body votes, when it is signed by the mayor or when it is posted for the public.

A legal dispute in Monticello in 2002 centered on due process and what happens if a legislative body passes a law but doesn't post that information or let the public know it's been passed, Wyatt said.

Another issue is a contradiction between state code and the Utah Constitution about the status of ordinances being challenged by referenda. State statute supports the local law remaining in place until a public vote, but the Utah Constitution states the vote must take place before the law takes effect.

That issue was addressed in a Davis County court in March, when 2nd District Judge Jon Memmott ruled that Syracuse must suspend its ordinance creating a city manager form of government until residents vote on it in November.

Bluffdale resident Nancy Lord has been on both sides of the referenda process, first as a sponsor of a referendum on a zoning issue in Bluffdale and now as a member of the Bluffdale City Council. The council's action to create a city manager by ordinance was challenged by residents and will be decided in a special election June 26.