2.24.110 Appointment—Qualifications—Term of committee members.
The following provisions govern all committees of the city, unless otherwise specifically provided by law:
A. Creation. The city council forms a committee by resolution or ordinance. The formation resolution or ordinance must include the following information, at a minimum:
1. Purpose. The city council must describe the purpose and responsibilities of the committee.
2. Authority. The city council must describe the scope of the authority of the committee. In most instances, a committee’s authority is limited to being an advisory body to the city council. A committee and its members, unless otherwise explicitly authorized by the city council, do not have the authority to represent, act, negotiate, speak for, or bind the city or expend city funds.
3. Membership. The city council must describe the criteria for membership on the committee.
4. Method of Appointment and Removal. The city council must describe the method of appointment and removal of committee members. Generally, committee members will be appointed by the mayor with the advice and consent of the city council, and the mayor may remove committee members at the mayor’s sole discretion.
5. Terms. The city council must establish terms for the committee members. Depending on the duration of the committee, the city council may also stagger the terms of the committee members.
6. Vacancies. The city council must determine when a committee member vacates their position on the committee. The city council must determine how a vacancy is filled.
7. Stipend. The city council must determine whether committee members are paid a stipend for fulfilling their responsibilities and attending committee meetings.
B. Rules and Procedures. A committee may adopt its own rules and procedures for its own organization and the conducting of its business. A committee’s rules and procedures must comply with applicable law and the committee’s formation resolution or ordinance. Prior to adopting rules and procedures, the committee must submit the rules and procedures to the city for review and approval by the city manager, or their designee.
C. Quorum. Each committee must have a quorum present in order to hold a meeting. A quorum is a simple majority of the total committee members on a committee. A majority vote of the members present at a meeting is required to pass a motion.
D. Schedule. Unless otherwise established by the city council, each committee may establish its own schedule in coordination with the city.
E. Council Liaison. The city council may assign a council member to act as a liaison between the city council and a committee.
F. Override. The city council may override any committee action. The city council may choose not to follow any committee recommendation.
G. Dissolution. The city council may dissolve a committee by resolution or ordinance.
H. Finances. The city council may provide a budget to a committee. The finances of the committee will be held by the city and managed under the direction of the city manager or their designee. This includes, but is not limited to, any grants, donations, or proceeds provided to a committee. Any grant or donation provided to a committee must be accepted by the city council.
I. Volunteers. Committee members are volunteers of the city when acting in their roles as committee members. The city follows the Government Immunity Act of Utah, Utah Code Annotated Section 63G-7-101 et seq., the Immunity for Persons Performing Voluntary Services Act, Utah Code Annotated Section 63G-8-101 et seq., and the Volunteer Government Workers Act, Utah Code Annotated Section 67-20-1 et seq., each as amended.
J. Open and Public Meetings Act. A committee will follow the Open and Public Meetings Act, Utah Code Annotated Section 52-4-101 et seq., as amended, if the committee meets the definition of a “public body” as defined by Utah Code Annotated Section 52-4-103, as amended.
K. Electronic Meetings. A committee may hold electronic meetings. If a committee is subject to the Open and Public Meetings Act, the committee will follow all requirements provided by the Open and Public Meetings Act and Section 2.36.040.
L. Records. The records of a committee and its committee members, when acting in their roles as committee members, are subject to the Government Records Access and Management Act, Utah Code Annotated Section 63G-2-101 et seq., as amended. The records of the committee will be held by the city and managed under the direction of the city recorder or their designee. A committee and its committee members must cooperate with the city recorder or their designee regarding committee records.
M. Ethics. Each committee member must follow the Municipal Officers’ and Employees’ Ethics Act and Chapter 2.16, Article IIIa. Each committee member must complete any required conflict of interest documents for the city.
N. URS Classification. For purposes of Utah Retirement Systems (URS) coverage, the city classifies all committee members as part-time. Eligibility for retirement coverage under Utah Retirement Systems will be administered in accordance with the statutory rules governing Utah Retirement Systems.
O. Staff Support. The city council may authorize city staff to provide support for a committee. (Ord. 2023-15 § 1 (Att. A); Ord. 2/16/2010O-2 § 1 (Exh. A (part)); Ord. 4/21/2009O-7 § 1 (Exh. A (part)); Ord. 10/02/2007O-14 § 1 (Exh. A)(2.6.102). Formerly 2.24.020)