TITLE 2 - ADMINISTRATION

CHAPTER 1 - IN GENERAL

2- 1- 1. NAME.

The municipal corporation heretofore existing as a city in the County of Summit, State of Utah and known as the City of Park City shall remain and continue as a body politic and corporate with perpetual succession; shall own, possess and hold all property, real and personal heretofore owned, possessed and held by said City of Park City; shall assume, manage and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities and acquire all benefits, and shall assume and pay all bonds, obligations, and indebtedness of said City of Park City; by the name of "Park City, a municipal corporation" may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure.

2- 1- 2. FISCAL YEAR.

The commencement of the fiscal year of this City shall be the 1st day of July. The fiscal year is hereby fixed as the 1st day of July through and including the 30th day of June of the following year.

CHAPTER 2 - MUNICIPAL GOVERNMENT

2- 2- 1. FORM OF GOVERNMENT.

The municipal government shall be vested in a Mayor and City Council to be composed of five council members and, as such, shall have, exercise and discharge all the rights, privileges, powers and authority granted to municipal corporations and to cities by the constitution and general laws of this state, together with all the implied powers necessary to carry into execution all the powers granted. All Council members and the Mayor shall be nominated and elected at large from the entire City.

2- 2- 2. TERMS OF OFFICE.

The terms of office for Council members and Mayor shall be four (4) year staggered terms. The offices of Mayor and two Council members shall be filled in municipal elections held in 1993 and every four years thereafter. The offices of the other three Council members shall be filled beginning in elections held in 1995 and every four years thereafter.

2- 2- 3. THE MAYOR.

The Mayor shall be the chief executive of the City and shall preside at all meetings of the City Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this ordinance and by the general laws of this state. He shall not vote at council meetings except in the case of a tie, when he shall give the casting or deciding vote. He shall from time to time give the Council information concerning the affairs of the City and shall recommend for their consideration such measures as he may deem expedient. He shall be recognized as the head of the City government for all ceremonial and legal purposes, and he shall execute and authenticate legal instruments requiring his signature as such official.

2- 2- 4. THE COUNCIL.

The Council and the Mayor shall be the legislative and governing body of the City and shall exercise all powers conferred upon or possessed by the City and shall adopt such laws, ordinances and resolutions as it shall deem proper.

2- 2- 5. QUALIFICATIONS.

Each declarant for the office of Mayor or City Council, at the time of filing a declaration of candidacy, shall be a registered voter of the City and shall have resided in the City for 12 consecutive months immediately preceding such election, and must continue to reside within the City during the term of their office.

2- 2- 6. UTAH MUNICIPAL ELECTION LAWS ADOPTED.

City elections shall be governed by the Utah Municipal Election laws as now existing or hereafter amended or modified except as otherwise provided by this code, or by ordinance hereafter enacted.

2- 2- 7. ELECTED OFFICIALS COMPENSATION.

The compensation for elected officials of Park City shall be established by the Council by resolution and said compensation is hereby adopted and incorporated herein by reference. The Mayor and Council members shall have no other compensated employment with the City.

2- 2- 8. MAYOR PRO TEMPORE.

The position of Mayor Pro Tempore shall be filled by a member of the City Council elected by the Council by majority vote.

(A) DUTIES. The Mayor Pro Tempore shall have and exercise all powers and duties of the elected Mayor as prescribed by Utah statutes and the ordinances of Park City in all cases where the elected Mayor is absent, disabled, disqualified, or refuses to act.

(B) ELECTION, TERM OF OFFICE. An election shall be held among the City Council for the purpose of electing Council member(s) to the office of Mayor Pro Tempore at their first regularly scheduled meeting each calendar year. The Council may elect more than one (1) member to serve terms of one (1) year or less according to a stated sequence and period. The person(s) elected by and from the Council shall serve for a term as determined by the City Council which shall not exceed one year, provided that the last elected shall continue to serve until a successor is elected. In no event may the Mayor Pro Tempore serve beyond the end of his term in office as a member of the City Council.

(C) ABSENCE OF MAYOR PRO TEMPORE. In the event of the absence, disqualification, or disability of the person elected to serve as Mayor Pro Tempore, the Council may elect a member of the Council to serve as Mayor Pro Tempore for that meeting or that purpose, and note the election in the minutes of the meeting in which the election occurred.

(D) VOTING. The Council member elected to serve as Mayor Pro Tempore shall, at all times, be entitled to cast his vote as a member of the Council, including those occasions on which he or she is acting as Mayor. The Mayor Pro Tempore shall not be entitled to cast more than one vote on any matter before the Council by reason of serving as Mayor. The Mayor Pro Tempore shall not cast a second vote as Mayor to break a tie vote among Council members.

2- 2- 9. VACANCIES.

An elected official shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is removed from office pursuant to U.C.A. 10-3-1310, becomes incapacitated, resigns, ceases to be a resident of the City or is convicted of a felony. Within thirty (30) days after a vacancy occurs, the remaining Council members shall choose by majority vote a duly qualified person to fill such vacancy. He shall serve the unexpired term so vacant and until his successor is duly qualified. If three or more vacancies exist simultaneously, the remaining Council members shall, at the next regular meeting of the Council, call a special election to fill such vacancies, provided there will not be a general municipal election within ninety (90) days and provided that their successors have not previously been elected. If a vacancy occurs in the office of Mayor, the Mayor Pro Tempore shall act as Mayor until a successor is appointed in the manner set forth by the laws of the state of Utah. (See U.C.A. § 10-3-302)

2- 2-10. OATH OF OFFICE.

Before entering upon the duties of his office, every Council member, the Mayor and other City officers shall take, subscribe before, and file with the City Recorder an oath or affirmation that he will support the Constitution of the United States, the Constitution of the State of Utah and the ordinances of the City and will faithfully perform the duties of the office.

CHAPTER 3 - COUNCIL PROCEDURE

2- 3- 1. REGULAR MEETINGS.

The Council shall meet regularly at a day and hour to be fixed by the rules of Council. The Council shall determine the rules of procedure governing meetings. The first regular meeting in the month of January of each year shall be known as the organizational meeting of the Council.

2- 3- 2. SPECIAL MEETINGS.

Special meetings shall be called by the City Recorder upon the written request of the Mayor or of any two members of the Council, on at least twenty-four (24) hours written notice to each member of the Council, served personally or left at his usual place of residence; a special meeting, however, may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing. The personal appearance by a member at any specially called meeting constitutes a waiver of the notice required in this section.

2- 3- 3. BUSINESS AT SPECIAL MEETINGS.

No business shall be transacted at any special meeting of the Council unless it has been stated in the notice of such meeting. Any business which may lawfully come before a regular meeting may be transacted at a special meeting.

2- 3- 4. QUORUM: ADJOURNMENT OF MEETING.

A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a later time or date, and in the absence of all members, the City Recorder may adjourn any meeting for not longer than one (1) week.

2- 3- 5. MEETINGS TO BE PUBLIC.

All regular and special meetings of the Council shall be open to the public, and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.

2- 3- 6. COUNCIL ACTS.

The Council shall act only by ordinance, resolution or motion. All legislative enactments shall be in the form of ordinances; all other actions, except as herein provided, may be in the form of resolutions or motions. A true copy of every resolution and ordinance as hereafter adopted shall be numbered and recorded in the official records of the City.

2- 3- 7. VOTING.

The vote by "Yes" and "No" shall be taken upon the passage of all ordinances and resolutions and entered upon the minutes of the council proceedings. Every ordinance, resolution and motion shall require the affirmative vote of a majority of the Council members present for final passage. No member of the Council shall vote on any question in which he has a substantial interest, as defined in Section 3.1.2, other than the common public interest, or on any question concerning his own conduct. On all other questions, each member who is present shall vote when called upon. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office. Any Council member acting as Mayor Pro Tempore shall not lose his vote by virtue of conducting the meeting as Mayor Pro Tempore.

2- 3- 8. ACTION BY ORDINANCE REQUIRED.

In addition to such acts of the Council as are required by the general laws of this state to be by ordinance, every act making an appropriation, creating an indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property shall be by ordinance. Ordinances making appropriations shall be confined to the subject of appropriation.

2- 3- 9. FORM OF ORDINANCE.

Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARK CITY, UTAH".

2- 3-10. PROCEDURE.

Except for emergency ordinances, ordinances making general modification of existing ordinances, and ordinances adopting standard codes, the following procedure for enactment of ordinances shall be followed:

(A) The ordinance shall be introduced at any regular meeting of the Council by the Mayor, City Manager or any Council member.

(B) The ordinance shall be read in full or, in cases where copies of the ordinance are available to the Council and to those persons in attendance at said Council meeting, said ordinance may be read by title only.

(C) After the reading of the proposed ordinance or its title and any discussion thereon, the ordinance shall be adopted or rejected by a majority vote of the Council members present. If a public hearing is required before consideration of an ordinance, action may be taken at the same meeting as the public hearing.

(D) Public notice of the time and place of Council consideration of all ordinances shall be given in the same manner as notice for all regular and special Council meetings or as otherwise directed by statute or ordinance.

(E) Upon adoption, ordinances shall take effect on their stated effective date, or upon publication if required by U.C.A. 10-3-711.

(F) Whenever an ordinance shall be published by reference or by title, the publication shall contain a summary of the subject matter of said ordinance and shall contain a notice to the public that copies of the ordinance are available at the office of the City Recorder. The publication of any ordinance by reference or by title as provided herein must set forth in full any penalty clause contained in said ordinance.

2- 3-11. EMERGENCY ORDINANCES.

Emergency ordinances for the preservation of public property, health, peace, or safety may be approved without public notice, but shall be approved only by the unanimous vote of Council members present or a vote of four (4) Council members, whichever is less. The facts showing such urgency and need shall be specifically stated in the measure itself. An emergency ordinance shall take effect upon final passage. Publication, if required, shall be within ten (10) days after final passage, or as soon thereafter as possible.

2- 3-12. CODIFICATION.

The Council shall cause the ordinances to be codified and thereafter maintained in current form. Revision to the codes may be accomplished as provided in Sections 2-3-10, 2-3-11, and 2-3-13.

2- 3-13. CODES.

Standard codes, promulgated by the federal government, the state of Utah, or by any agency of either of them, or by any municipality within the state of Utah, or by recognized trade or professional organizations, or amendments or revisions thereof, may be adopted by reference, provided the publication of the ordinance adopting any said code shall advise that copies are available for inspection at the office of the City Recorder.

2- 3-14. DISPOSITION OF ORDINANCES.

A true copy of every ordinance, as adopted by Council shall be numbered and recorded in the official records of the City. Its adoption and publication shall be authenticated by the signature of the Mayor, or Mayor Pro Tempore and the City Recorder and by the certificate of publication, if publication is required. A true copy of every ordinance, as adopted by the vote of the electors of the City shall be separately numbered and recorded.

2- 3-15. REVIEW OF DISPOSALS OF SIGNIFICANT PARCELS OF REAL PROPERTY.

The City Council shall review all proposals for Disposals of Significant Parcels of Real Property. Prior to the proposed disposition, the City Council shall provide at least fourteen (14) days reasonable notice before the opportunity for public comment on the proposed disposition. After such reasonable notice and public comment, the City Council may take action on the proposed disposition.

(A) "Dispose of" shall mean to transfer control of City-owned property to another by any means, including sale, lease, or other type of conveyance of such property.

(B) "Resonable Notice" shall mean posting on or about the property in a consipicuous location and publication in a newspaper having general circulation in Park City.

(C) "significant Parcel of Real Property" shall mean a parcel of real property owned by the City with an appraised value equal to or greater than Two Hundred fifty Thousand Dollars ($250,000) or a lease valued at equal to or greater than Fifty Thousand Dollars ($50,000) per annum.

(Amended by Ord. No. 03-20)

CHAPTER 4 - CITY ADMINISTRATION

2- 4- 1. CITY MANAGER.

The City Manager shall be the chief administrative officer of the City. The Mayor, with the advice and consent of the Council, shall appoint a City Manager within a reasonable time whenever a vacancy exists in such position. Such appointment shall be without definite term and shall be at a salary to be fixed by Council. The City Manager shall be appointed without regard to any consideration other than his fitness, competency, training and experience as a City Manager. At the time of his appointment, he need not be a resident of the City or state, but during tenure of office he shall reside within the City except at the discretion of the Council. No member of the Council nor the Mayor shall be appointed manager during the term for which he shall have been elected, nor within one (1) year after the expiration of his term.

2- 4- 2. ACTING MANAGER.

The City Manager, with the advice and consent of the Mayor, may appoint an acting City Manager during the period of vacancy in the office or during the absence or disability of the City Manager. Such acting manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager.

2- 4- 3. POWERS AND DUTIES.

The City Manager shall be responsible and under the control and supervision of the Mayor and the Council for the proper administration of all affairs of the City placed in his charge, and to that end, he shall have the power and duty and be required to:

(A) Be responsible for the enforcement of the laws and ordinances of the City;

(B) Appoint, hire, suspend, transfer and remove all non-elective City employees excepting the City Attorney;

(C) Make appointments on the basis of executive and administrative ability and the training and experience of such appointees in the work which they are to perform;

(D) Serve as budget officer upon appointment by the Mayor, with the advice and consent of the Council;

(E) Cause a proposed budget to be prepared annually and submitted to the Mayor and Council and be responsible for the administration of the budget after its adoption, said budget to be construed as financial estimate only;

(F) Prepare and submit to the council as of the end of the fiscal year a complete report on finances and administrative activities of the City for the preceding year, and upon request of the Mayor or Council make written or verbal reports at any time concerning the affairs of the City under his supervision;

(G) Keep the Mayor and the Council advised of the financial condition and future needs of the City and make such recommendations to the Mayor or Council for adoption as he may deem necessary or expedient;

(H) Exercise supervision and control over all executive and administrative departments, excepting legal, and recommend to the Mayor and Council any proposal he thinks advisable to establish, consolidate or abolish administrative departments;

(I) Be responsible for the enforcement of all terms and conditions imposed in favor of the City in any contract or public utility franchise, and upon knowledge of any violation thereof, report the same to the Mayor and Council for such action and proceedings as may be necessary to enforce the same;

(J) Attend council meetings and participate in discussions with the Mayor and Council in an advisory capacity;

(K) Establish a system of accounting and auditing for the City which shall reflect, in accordance with generally accepted accounting principles, the financial condition and financial operation of the City;

(L) Provide for engineering, architectural, maintenance and construction services required by the City; and

(M) Perform such other duties as may be prescribed by ordinance or required of him by the Mayor and Council which are not inconsistent with the laws of the state.

2- 4- 4. REMOVAL OF MANAGER.

The Mayor, with the advice and consent of the Council, may remove the City Manager from office. Upon such termination, the Mayor and Council may, in their discretion, provide termination pay.

2- 4- 5. RELATIONSHIP OF COUNCIL TO ADMINISTRATIVE SERVICE.

Neither the Council, its members, the Mayor, nor any Council committee shall dictate the appointment by the City Manager of any person to office except as otherwise provided in this Code or in any way interfere with the City Manager or other city officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council, its members, the Mayor and any Council committee shall deal with the administrative service solely through the City Manager, and neither the Council, its members, the Mayor, nor any Council committee thereof shall give orders to any of the subordinates of the City Manager.

2- 4- 6. CITY RECORDER.

The City Manager, with the approval of the Mayor and Council, shall appoint a City Recorder who shall be custodian of the City seal and who shall keep a journal of Council proceedings and record in full all ordinances, motions and resolutions. He shall have power to administer oaths and take acknowledgments under seal of the City and shall perform such other duties as required by this Code, the Mayor and the Council, or the City Manager. The City Manager may also appoint a deputy or deputies who shall serve under the supervision of the City Recorder and shall have authority to act in the absence of the City Recorder.

2- 4- 7. CITY TREASURER.

There shall be a City Treasurer who shall be appointed by the City Manager, with approval of the Mayor and Council, to serve at the pleasure of the City Manager. The City Manager may also appoint a deputy or deputies to serve under the supervision of the City Treasurer who shall have authority to act in the absence of the City Treasurer.

2- 4- 8. DUTIES AND POWERS OF THE CITY TREASURER.

The City Treasurer shall keep and supervise all accounts, receive and have custody of all monies of the City, collect special City fees and taxes, water utility fees and charges, issue licenses and collect fees therefor, make and keep public records of the City not specifically entrusted to any other department by this Code or by ordinance; and perform such other duties pertaining to the department of finance as required by this Code, the Mayor and Council or City Manager.

2- 4- 9. DEPARTMENTS CREATED.

The administrative functions of the City shall be performed by the departments existing at the time this Code is adopted and such other departments as may be hereafter established by ordinance. The Mayor and the Council may, by ordinance, consolidate or merge any of the said departments, whether set forth in this Code or created by ordinance.

2- 4-10. BONDING OF CITY OFFICIALS.

The City Treasurer and all other officers and employees required to do so, before entering upon the duties of their respective offices, shall give a good and sufficient surety company bond to the City, duly approved by the City Attorney, and conditioned upon the faithful performance and discharge of their respective duties, and for proper application and payment of all money or property coming into their hands by virtue of their offices in an amount established by the Council by resolution and not less than that established by the state money management council.

2- 4-11. CITY ATTORNEY.

The Mayor, with the advice and consent of the Council, shall appoint a City Attorney to serve at the pleasure of the Mayor and Council. The City Attorney shall be an attorney at law, and must, during his tenure, be duly admitted to the practice of law in Utah. The City Attorney shall be the legal representative of the City and he shall advise the Mayor and council and City officials in matters relating to their official powers and duties and perform such other duties as the Mayor and Council may prescribe by ordinance, resolution or otherwise. The Mayor, with the advice and consent of the Council, may provide the City Attorney such assistance as the Mayor and Council may deem necessary, and may, on its own motion or upon request of the City Attorney in special cases, employ special counsel to serve under the direction of the City Attorney. The Mayor, with the advice and consent of the Council, shall establish compensation for the City Attorney, his assistants and special counsel.

2- 4-12. CITY ENGINEER.

There is hereby created and established the office of City Engineer for the purpose of providing the necessary engineering services required by the City. The City Engineer shall be appointed by the City Manager and shall be an employee of the City. The City Engineer shall be appointed on the basis of his administrative and technical qualifications with special reference to his actual experience in and his knowledge of the functions and duties of his office as set forth in this article.

2- 4-13. POLICE DEPARTMENT.

The Police Department of the City shall consist of the City Marshal, hereafter designated as "Chief of Police" and other police officers as may be duly authorized by the City Council. The Chief of Police shall be appointed pursuant to the laws of the state of Utah and shall be an employee of the City. It shall be the duty of the members of the police department to enforce all the laws of the City and all statutes of the state applicable thereto, to preserve order and prevent infractions of the law and arrest violators thereof, to serve and execute any process directed to the Chief of Police, and to perform any police service which the Chief might lawfully do.

2- 4-14. RULES AND REGULATIONS.

The Chief of Police may prescribe such rules and regulations as he shall deem advisable. Such rules shall be approved by the City Manager and shall be binding on all members. Such rules and regulations may cover the conduct of the members, uniforms and equipment to be worn or carried, assignments, hours of service, and all other similar matters necessary or desirable for the better efficiency of the department.

2- 4-15. AUTHORITY OF MAYOR TO MAKE APPOINTMENTS OF SPECIAL POLICE FOR CERTAIN PURPOSES.

The Mayor may upon any emergency, riot, pestilence, invasion, or at any time he shall deem necessary for the peace, good order or health of the City, order the Chief of Police to appoint special policemen for a specified time.

2- 4-16. BOARD OF APPEALS CREATED.

There is hereby created a Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction.

(A) The Chief Building Official shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor and City Council and hold office at their pleasure.

(B) The Board shall adopt reasonable rules and regulations for conducting its investigations and its decisions and findings shall be in writing to the Chief Building Official with duplicate copies to the appellant.

(C) A copy of all rules and regulations adopted by the Board shall be delivered to the Chief Building Official who will make them available to the public without cost.

(D) The Board shall hear all appeals filed according to the Uniform Building Code, Chapter Five of the Code for the Abatement of Dangerous Buildings and Chapter Twelve of the Uniform Housing Code.

(E) Any appeal made to the Board pursuant to the Uniform Building Code shall be within thirty (30) days of approval or denial of the permit. The time of appeal for actions under the Code for the Abatement of Dangerous Buildings and the Uniform Housing Code shall be as specified in each of those respective codes, but in no instance longer than thirty (30) days.

2- 4-17. RECREATION ADVISORY BOARD CREATED.

There is hereby created a Recreation Advisory Board. The Board shall consist of up to seven (7) members, and one (1) additional representative from the City Council who is a non-voting member. Members shall be residents of Park City and shall serve without compensation.

(A) TERM OF SERVICE, REMOVAL AND VACANCIES. Members of the Recreation Advisory Board shall be appointed by the Mayor with the advice and consent of the City Council. Each board member shall serve a term of three years, but shall serve until their successor is appointed. Initially, two (2) appointments each shall be made for one and two year terms, and three (3) appointments shall be made for three year terms. Annually thereafter, appointments shall be for three year terms. Board members shall serve not more than two full terms in succession, however, the initial one year term holders may seek two additional terms. The Council shall appoint one (1) of its members to serve as the non-voting member for a term not to exceed the member's City Council term of office. The Council may rotate its appointed member at any time. The terms shall begin on July 1 and end on June 30 of each year.

Any board member who is absent from two (2) consecutive regularly scheduled meetings, or a total of four (4) regularly scheduled meetings per calendar year may be called before the City Council and asked to resign or be removed for cause by the Council. Vacancies in the Board occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as the original appointments. Ex-officio members may include a staff member or representative from public agencies, community organizations, or public at large. Ex-officio members serve at the invitation of the Board and have no vote.

(B) OFFICERS AND THEIR DUTIES. At its first meeting, and annually thereafter, the Board shall elect a Chairman, Vice-Chairman and any additional officers as necessary. The Chairman shall preside at all meetings, appoint all committees with concurrence of the Board, call special meetings, and generally perform the duties of a presiding officer. The Chairman shall have the right to vote. The Vice-chairman shall preside when the Chairman is absent. The agenda for meetings shall be prepared by the Recreation Manager and the Chairman.

(C) PURPOSE AND DUTIES OF THE BOARD. The purpose and duties of the Park City Recreation Advisory Board are as follows:

(1) To advise the City Council and staff on parks and recreation policy as requested by the City Council..

(2) To support and promote the policies and programs of the Library and Recreation Department.

(3) To advise and support staff on staff recommended budget priorities concerning parks, and recreation projects and programs.

(4) To serve as liaison between the community and public agencies on parks and recreation issues within Park City.

(6) To stimulate, and initiate community involvement and support for City Council annual and long term goals and priorities, and all parks, recreation and beautification projects and programs.

(D) MEETINGS AND PROCEDURES. The Board may adopt rules and regulations not inconsistent with the law applicable to public bodies for governing of its meeting. Special meetings may be called at the request of the Recreation Manager or Chairman of the Board. A quorum for the transaction of business shall be a simple majority of the Board members. When vacancies occur, a simple majority of the remaining Board members shall constitute a quorum. Minutes shall be kept at all meetings. Closed meetings may only be held for purposes authorized by U.C.A. 52-4-5, as amended.

(E) COMMITTEES. Special committees for the study of particular issues may be appointed by the Chairman, with the advice and consent of the Mayor and City Council, to serve until they have completed the work for which they were appointed. Each committee shall meet goals and objectives, as delineated by the Chairman, with the advice and consent of the Mayor and City Council. Recommendations of committees may be be given directly to the City Council. The Chairman of the Recreation Advisory Board shall appoint a chairman for each committee. Nothing herein shall prevent the City Council from directly appointing special committees, which may include Recreation Advisory Board members.

(Amended by Ord. No. 99-50; 03-06; 03-09)

2- 4-18. LIBRARY BOARD CREATED.

There is hereby created a Library Board of Directors to be appointed by the City Council and chosen from Park City residents. The Board of Directors shall consist of not less than five (5) members and not more than nine (9) members. Not more than one (1) member of the governing body shall be, at any one time, a member of such board. Directors shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(A) TERMS-ELECTION OF OFFICERS-REMOVAL-VACANCIES. Directors shall be appointed for three year terms, but shall serve until their successors are appointed. Initially, appointments shall be made for one, two and three year terms. Annually thereafter, the governing body shall, before the first day of July each year, appoint directors for three year terms to take the place of the retiring directors. Directors shall serve not more than two full terms in succession. Following such appointments, the directors shall meet and elect a chairman and such other officers, as they deem necessary for one year terms. Any director absent from two (2) consecutive regularly scheduled meetings or a total of four (4) regularly scheduled meetings per calendar year may be called before the City Council and asked to resign or be removed for cause. Vacancies in the Board of Directors occasioned by removals, resignations or otherwise shall be filled for the unexpired term in the same manner as original appointments.

(B) POWERS AND AUTHORITY OF THE BOARD. The Library Board of Directors may with the approval of the governing body have control of the expenditure of the Library Account, of construction, lease or sale of Library buildings and land, and of the operation of the Library. The Board shall be responsible for the maintenance and care of the Library and shall establish policies for its operation.

(C) RULES AND REGULATIONS. The Library Board of Directors shall make, amend and revoke rules and regulations, not inconsistent with the law, for the governing of the library. The library shall be free to the use of the inhabitants of Park city, subject to the rules and regulations adopted by the Board. The Board may exclude from the use of the Library any and all persons who shall willfully violate such rules. The Board may extend the privileges and use of the Library to persons residing outside of the City upon such terms and conditions as it may prescribe by its regulations.

(D) ANNUAL REPORTS. The Library Board of Directors shall make an annual report to the governing body of the City on the condition and operation of the library, including a financial statement. Such report may be in the form of budget documents submitted each year to the City Council. The Directors shall also provide for the keeping of such records as shall be required by the Utah State Library in its request for an annual report from the public libraries, and shall submit such an annual report to the State Library.

(E) PERSONNEL. The Library Board of Directors shall appoint a competent person as librarian to have immediate charge of the library with such duties and compensation for his/her services as it shall fix and determine. The librarian shall act as the executive officer for the Library Board. The Board shall appoint, upon the recommendation of the librarian, other personnel as needed. The Board may delegate the authority of this section to the City Manager and provide for the inclusion of Library personnel in the City personnel system pursuant to U.C.A. Section10-3-1104, or any successor provision.

(F) DONATIONS. Any person desiring to make donations of money, personal property, or real estate for the benefit of the Library shall have the right to vest the title to the money, personal property or real estate so donated, in trust for the benefit of the Library. All monetary donations shall be held in the City treasury to the credit of the Library account, and may not be used for any purpose except that of the Library. These funds shall be drawn upon by the authorized officers of the City only upon presentation of the properly authenticated vouchers or purchase order of the Board.

(G) CONSOLIDATION. The Board of Directors may cooperate, merge, or consolidate with county libraries, boards of education, governing boards of other educational institutions, library agencies and political subdivisions to provide library services. When the City Library consolidates with a county library, the Board shall convey all assets and trust funds to the county library board of directors and the City Library shall cease operation.

CHAPTER 5 - COMPLAINTS AGAINST CITY OFFICERS

2- 5- 1. CHARGES AND SPECIFICATIONS.

Except as otherwise provided by this Code or by the laws of the state, whenever a complaint shall be made to the City Council of this City against any City officer, it shall be the duty of the City Council to vote on the question as to whether there shall be charges preferred against the party or parties complained against, and if the City Council shall decide by vote that charges shall be preferred, it shall fix the time and place of trial, and it shall be the duty of the City Attorney to draft and prepare such charges and specifications in writing and after the same are signed by the person or persons making the complaint, it shall be the duty of the City Attorney to deliver a copy of such charges and specifications to the chief of police, or any other police officer, who shall serve such copy on the person complained against. A notice of the time and place of trial shall also be served with such charges and specifications, which notice, as well as the copy of the charges and specifications shall be served at least fifteen (15) days before the time set for trial.

2- 5- 2. EVIDENCE.

Whenever a complaint is made against a City officer as provided in Section 2-5-1, the Mayor and the members of the City Council shall vote on the question as to whether they shall hear the evidence submitted for and against the accused, which evidence shall be given under oath, and the Mayor or presiding officer of the City Council shall have the right to decide all questions relating to the admissibility or inadmissibility of such evidence.

2- 5- 3. REMOVAL; SUSPENSION; REPRIMAND.

When a complaint is made against a City officer as provided in Section 2-5-1, the Council, after hearing all the testimony produced, shall proceed to vote upon the question as to whether the person complained against is guilty or not guilty of the charges and specifications so alleged, and if the City Council shall vote that such person is guilty, an open vote shall then be taken as to the character of punishment to be inflicted upon the accused. The question shall be put: "Shall the accused be removed from office?" If a majority of all the members elected to the City Council shall vote for such removal, the accused shall be removed from office and the removal shall relate back to the suspension of the officer from duty. If such majority shall fail to vote for removal, then the City Council shall vote successively upon the question of suspension or reprimand of the accused. If suspension be agreed upon, the time of such suspension shall be fixed, and no officer while under a suspension voted by the City Council, shall draw any pay whatever from the City for the period he shall be so under suspension.

CHAPTER 6 - EMPLOYEE BENEFITS AND REGULATIONS

2- 6- 1. POLICIES AND PROCEDURES.

The City Council may establish, by resolution, compensation schedules, employee benefits, rules, disciplinary policies and all other employee policies and procedures it deems appropriate.

2- 6- 2. EMPLOYEE TRANSFER AND DISCHARGE BOARD (ETDAB).

(A) Two (2) members of the City Council shall be appointed by the Park City Council to serve on the ETDAB. The City Council shall also appoint one (1) additional Council member to serve as an alternate on the ETDAB in the event one of the two designated Council members is unavailable to serve. Appointments shall be made at the first regular meeting of the Park City Council in January of each year.

(B) The selection of the three (3) remaining members of the ETDAB shall be by City-wide general election. All appointive officers and employees shall be eligible to serve on the ETDAB. Nominations for service on the ETDAB shall be coordinated by the Human Resources Department. The City Recorder shall prepare a ballot containing the names of those employees nominated and a space for write-in candidates. The ballots shall be distributed to each appointive officer and employee of Park City Municipal Corporation with the first paycheck distributed in January of each year. Each appointive officer and employee of Park City Municipal Corporation shall be allowed to cast one vote. The three employees receiving the most votes will be appointed to the ETDAB. The mployees receiving the fourth and fifth most votes will serve as alternates on the ETDAB in the event one or two of the elected employees is unavailable to serve.

(C) EMPLOYEE TRANSFER AND DISCHARGE APPEAL BOARD RULES OF PROCEDURE. The Human Resources Department shall maintain a current copy of the rules governing the procedures of filing an appeal with the ETDAB. The rules shall at all times remain consistent with the state statute requiring the creation of an ETDAB.

(Created by Ord. 99-48)