Harrison Epstein, Daily Herald file photo

At the Orem City Council’s retreat, held Jan. 27-28 in Midway, officials discussed their goals for 2023. One of the top goals of Orem Mayor Dave Young and the council is to look at forms of government, including the one the city already has, to see which is best for Orem.

“We have talked about this for years and we thought this would be a good thing to explore,” Young said. “I don’t have an opinion on it.”

Young did say that he is hoping for an in-depth lengthy study to be done on the potential forms available to Orem.

The fact is, this has been a point of discussion for decades, and past councils have opted to stay with the council-city manager form currently in place.

History

Until 1959, most cities in Utah were clinging to the territorial approach of running civic government by committee. It wasn’t until then that the Utah Legislature provided options for forms of government and introduced the mayor-council form of government with a full-time mayor, like that used in Provo.

Harrison Epstein, Daily Herald file photo

In 1975, the legislature introduced the council-manager form of government, used by Orem, with a part-time mayor and full-time city manager. On occasion. residents have bemoaned Orem’s form of government — looking south to Provo and wishing they had Provo’s strong mayor format.

“The most popular form of government is in the city next to you,” said Jesse Riddle, Orem legislative counsel.

In 2008, the Utah Legislature completely eliminated the manager-council form of government. Only Orem, West Valley City, Cottonwood Heights, West Jordan, Holladay and Brian Head are grand-fathered into allowing the structure.

According to Councilman Tom Macdonald, the council-city manager form of government is the most popular outside of Utah.

In 1980, the Orem City Council appointed a committee to look at the two forms of government. They held several public hearings and recommended the manager-council format. A special election was held on Oct. 21, 1980 and the manager-council format was adopted.

In 1992, the Orem council appointed a “blue ribbon” committee to look into changing the government format. They recommended staying with the manager-council option. In 1994, the city council passed a resolution reaffirming its resolve to keep the manager-council format.

Which is best?

There are basically three forms of government — aside from the current one — that may work for the city, according to city attorney Steven Earl. They include: Council (5 or 7), also called the strong mayor; six member council; 5 member council.

The information below comes from the state code on each form of government

Strong mayor: The strong-mayor may veto an ordinance, tax levy, or appropriation passed by the council, subject to the council’s power to override the veto, according to state code.

While not a member of the council, they may attend each meeting and take part. The council is the legislative body.

“It has the true separation of powers,” Earl said.

The council enacts laws, appropriates funds and reviews administration with one member who is elected as the chair.

The council may make recommendations to the mayor or subordinates and investigate any officer, department or agency of the city, but it may not direct or request, other than in writing, the appointment of a person to or the removal of a person from an executive municipal office. The council cannot interfere in any way with an executive officer’s performance or give orders to subordinates.

Other cities with this form of government include Salt Lake City, Ogden, Logan, Sandy and Murray.

Six Member Council: The powers of municipal government in a municipality operating under the six-member council form are vested in a council consisting of six members, one of which is the mayor, according to state code.

The mayor is a nonvoting member, except on the occasion of a tie; when the council is voting on whether to appoint or dismiss a municipal manager; or on an ordinance that enlarges or restricts the mayor’s powers, duties and functions. The mayor is the chair of the council and presides at all meetings.

Five Member Council: This form consists of five council members, one of which is the mayor who serves as a voting member and chair of the council, state code says.

The mayor is considered the Chief Executive Officer and all employees report to the mayor. The powers and duties of the mayor can be taken from the mayor and given to either the council or a hired administrator.

The council can exercise executive or administrative power that has not been given to the mayor under state law.

The council may not remove any of the mayor’s legislative or judicial powers or ceremonial functions, the mayor’s position as chair of the council or any ex officio position the mayor holds.

Orem’s future

Council member David Spencer inquired about which form was the most expensive to run.

“The greatest costs is the strong mayor form of government, (administration and council) has its own staff,” Earl said.

It was also noted that once the city leaves the Manager-council form of government, it can never return.

It was decided that a committee will study the various forms of government. Earl and Brenn Bybee, acting city manager, will bring suggestions to the council on how many and who should serve on that committee including residents and possibly people from other cities.

There is a strict calendar that must be followed if a possible change is to be placed on the November 2024 ballot, according to Riddle. The first four proposed dates should be “no later than.”

• May 28, 2024 — Resolution passed by city council to change form of government.
• July 8, 2024 — Two public meetings held within 45 days of the resolution.
• July 9, 2024 — City council meeting to discuss if the council withdraws the resolution.
• July 15-21, 2024 — Notify and contract with the county to place the item on the ballot
• Nov. 5. 2024 — Vote to change form of government
• Nov. 4, 2025 — Officer Election, assuming the measure passes
• Jan.5, 2026 — New officers sworn in.

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