State Codes and Statutes
Statutes > Utah > Title-20a > Chapter-01 > 20a-1-51020A-1-510. Midterm vacancies in municipal offices.
(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in theoffice of municipal executive or member of a municipal legislative body, the municipallegislative body shall appoint a registered voter in the municipality who meets the qualificationsfor office established in Section 10-3-301 to fill the unexpired term of the office vacated until theJanuary following the next municipal election.
(b) Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least two weeks before the municipal legislativebody meets to fill the vacancy; and
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled; and
(B) the person to whom a person interested in being appointed to fill the vacancy maysubmit his name for consideration and any deadline for submitting it.
(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within30 days after the vacancy occurs, the municipal legislative body shall vote upon the names thathave been submitted.
(ii) The two persons having the highest number of votes of the municipal legislative bodyshall appear before the municipal legislative body and the municipal legislative body shall voteagain.
(iii) If neither candidate receives a majority vote of the municipal legislative body at thattime, the vacancy shall be filled by lot in the presence of the municipal legislative body.
(2) (a) A vacancy in the office of municipal executive or member of a municipallegislative body shall be filled by an interim appointment, followed by an election to fill atwo-year term, if:
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive atleast 14 days before the deadline for filing for election in an odd-numbered year; and
(ii) two years of the vacated term will remain after the first Monday of January followingthe next municipal election.
(b) In appointing an interim replacement, the municipal legislative body shall complywith the notice requirements of this section.
(3) A member of a municipal legislative body may not participate in any part of theprocess established in this section to fill a vacancy if that member is being considered forappointment to fill the vacancy.
(4) (a) In a municipality operating under the council-mayor form of government, asdefined in Section 10-3b-102:
(i) the council may appoint a person to fill a vacancy in the office of mayor before theeffective date of the mayor's resignation by making the effective date of the appointment thesame as the effective date of the mayor's resignation; and
(ii) if a vacancy in the office of mayor occurs before the effective date of an appointmentunder Subsection (1) or (2) to fill the vacancy, the council chair shall serve as acting mayorduring the time between the creation of the vacancy and the effective date of the appointment tofill the vacancy.
(b) While serving as acting mayor under Subsection (4)(a)(ii), the council chair continuesto:
(i) act as a council member; and
(ii) vote at council meetings.
Amended by Chapter 19, 2008 General Session
