Jeff DeMoss

Any city or town in Utah wishing to change the powers of its mayor would have to get the unanimous support of council members or submit its plans to a public vote under legislation passed by the Senate on Monday.

Senate Bill 20, sponsored by Sen. Carlene Walker, R-Salt Lake City, is an update of a bill last year that would require a public vote for all proposed changes in forms of government.

The legislation was prompted by several city councils around the state, including the Syracuse council, that recently voted to strip the mayor of some powers by switching to a city manager structure.

Last year's bill called outright for a vote of the people. SB 20 would send the issue to voters only if the city council cannot get a unanimous vote, or a majority vote that includes the mayor's approval.

"This is truly a consensus bill," Walker said. "If the scale was tipped in the city councils' favor before, I believe it is slightly tipped in the mayor's favor now."

Sen. Scott Jenkins, R-Plain City, agreed that the bill provides a reasonable compromise.

"I don't know that you can take every single move to a vote of the people," Jenkins said. "The mayor and the council have got to dance."

At the request of the Utah League of Cities and Towns, the bill includes a provision allowing cities that have already changed their form of government to remain under the form they have chosen.

"We didn't want mass disruption," said Lincoln Shurtz, the league's legislative affairs director. "There are multiple options under each form of government, and because of the unique dynamics of our communities, they all do it a little bit differently."

A few senators said that while the bill is headed in the right direction, it doesn't go far enough.

"You may have an entire council that is out to get the mayor, and they could still vote as a bloc and strip him of power," said Sen. Dennis Stowell, R-Parowan.

Sen. Mark Madsen, R-Eagle Mountain, said powers can become very concentrated in staff members such as city managers, who don't necessarily have the same motives or accountability as elected officials.

SB 20 leaves some wiggle room for potential abuse of power, Madsen said.

"We would still have councils that are empowered to strip away the authority from one branch of government, and then vest that authority in some appointed individual," he said.

"It kind of seems like we've just moved the deck chairs around on the Titanic."

The bill now goes to the House.