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A city would have to seek citizen approval to change its form of government under legislation set to be considered today, although the measure probably won't affect an ongoing power struggle in Lehi between the mayor and City Council. State law provides two options for how cities can alter the structure of government and the duties of city leaders -- calling a vote of city residents, or simply passing an ordinance making the change.
That's not the way it should be, said state Sen. Carlene Walker, R-Salt Lake City, who is sponsoring the legislation. "It's my very firm belief that it is legislative intent, and it should be public policy, that if they're going to change the form of government it must go to a vote of the people," Walker said. She said she's carrying the bill because of her experience as chairwoman of the Senate Governmental Operations and Political Subdivisions Committee. "When you're creating a city, the citizens have to vote on it," she said. "If you're going to change it, you should have to go through the same process." A hearing on the bill is scheduled for 2 p.m. today in Room W025 in the west building of the Capitol complex. The issue came up recently in Lehi, where Mayor Howard Johnson riled the City Council when he decided not to keep the city's administrator on board. Council members also have said that a fast-growing city like Lehi needs professional, full-time management from paid staff. Council members explored changing the form of government from mayor-council, in which the mayor exercises executive powers such as appointing people to city offices, to council-manager, in which the mayor is largely a ceremonial figure. Councils in Bluffdale and Syracuse recently enacted that change following similar clashes. The decisions, made without a public vote, have been controversial. Lehi's council hasn't taken action. A council-commissioned report recommends making the change. The issue has come up many times over the years, said David Church, general counsel for the Utah League of Cities and Towns. "In my 20-some-odd years of representing cities, this has come up every year," he said. "It's generally an issue between mayors, councils and city managers, and we've stayed neutral on it." Walker noted that the impetus for making the changes is usually animosity between mayors and council members. "They're making public policies in response to personality challenges," she said. Walker said her bill would not be retroactive -- "they are within the law now" -- and that if passed it won't take effect until May. She also said she hasn't heard any opposition, but that she expects some to surface. "It does take a tool out of the toolbox of a city council," she said. "They will no longer be able to do this."
This story appeared in The Daily Herald on page A1.
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