Proposed Ordinance - 1/11/2024
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SALT LAKE CITY ORDINANCE
No. 80 of 2023
(Division of Legislative Affairs and City Attorney Reporting)
An ordinance amending chapter 2.08.040 of the Salt Lake City Code to add a division of
legislative affairs to the Department of the City Attorney and to clarify the City
Attorney’s reporting obligations to both branches of government.
WHEREAS, Salt Lake City Corporation is the capitol city and engages in year-
round efforts to collaborate with and advocate before the Utah legislature.
WHEREAS, the Utah legislature is meeting more frequently and opening more
bill files that affect Salt Lake City and all Utah municipalities.
WHEREAS, Salt Lake City has a strong interest in monitoring trends in federal
legislation.
WHEREAS, given the City’s legislative goals, the City is committed to
establishing a fulltime staff of City employees who are engaged in and supporting the
City’s legislative interests.
WHEREAS, the City Council and the Mayor have a significant interest in equally
participating in the direction of the City’s collaboration and advocacy for the City’s
legislative interests.
WHEREAS, under City Code 2.08.040, the Salt Lake City Attorney’s Office is
responsible to both the Mayor and the City Council, and the executive and legislative
branches enjoy equal and independent access to the services of the City Attorney’s
Office.
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WHEREAS, the City Council of Salt Lake City now desires to amend city code to
create a division of legislative affairs within the Department of the City Attorney.
WHEREAS, the division of legislative affairs will direct the City’s legislative
advocacy and collaboration efforts, and will be equally responsible to the Mayor and the
City Council.
WHEREAS, the City Council of Salt Lake City also desires to clarify the
Department of the City Attorney’s reporting obligations to both branches of government
and clarify the instances in which the City may hire outside counsel.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That section 2.08.040 of the Salt Lake City Code is hereby
amended to read as follows:
2.08.040: OFFICE OF CITY ATTORNEY:
A. Functions:
1. The city attorney shall be the chief legal officer of the city and shall be
responsible to the mayor and city council for the proper administration of the
legal affairs of the executive and legislative branches of city government. The
city attorney shall report to both the mayor and the council chair and may be
removed at the discretion of the mayor.
2. The executive and legislative branches of government shall enjoy equal and
independent access to the services of the office of the city attorney with reference
to their respective functions and duties. It shall be the responsibility of the city
attorney to administer the office of the city attorney in a manner which will enable
the mayor and city council to fulfill their respective duties in a timely fashion.
3. The foregoing notwithstanding, the city attorney shall not in any instance, either
personally, or by his or her deputies, act as both prosecutor and advocate before
(and at the same time advisor to) any board, commission, agency, officer, official
or body of the city. In cases where such a conflict shall arise, special counsel may
be employed who shall not be subject to the control or direction of the city
attorney in such matter, and who shall provide the legal service to or before such
board, commission, agency, officer, official or body.
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4.Supervise the office of the city recorder, the risk management division, and the
division of legislative affairs.
B.Separate Executive Or Legislative Counsel: Nothing in this chapter shall be construed
to prohibit either the city council or mayor from retaining separate counsel from
appropriated funds, as either may from time to time deem appropriate.
C.City Recorder:
1.The city recorder shall be assigned to the office of the city attorney and be under
the administrative direction of the city attorney; however, the recorder shall be
responsible to the city council, which shall have equal and independent access for
services with respect to legislative functions.
2.The city recorder shall keep the corporate seal, the official papers and records of
the city, as required by law; the record of the proceedings of the city, as required
by law; and shall attest legal documents of the city and do those other matters
prescribed by law.
D.Division of Legislative Affairs.
1.The division of legislative affairs will be responsible for monitoring state and
federal legislation and engaging in advocacy, collaboration, and tracking of all
legislative matters for the city.
2.The director of legislative affairs will be responsible for working with the
executive and legislative branches of city government to craft a legislative agenda
for the city and will report to both branches of city government on legislative
priorities and policies.
3.The director of legislative affairs:
a.Communicates directly and regularly between the legislative and
administrative branches of Salt Lake City government to ensure the City’s
legislative priorities are agreed-upon and clearly communicated internally
and externally.
b.Ensures City departments and administrative and legislative branches of
City government receive timely information to understand and participate
in the City’s legislative priorities.
c.Understands City department-specific legislative priorities and negotiates
acceptable City priorities when departments or the branches of
government have different or conflicting priorities.
SECTION 2. That this ordinance shall become effective immediately upon
publication.
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Passed by the City Council of Salt Lake City, Utah this 12th day of December, 2023.
____________________________________
Darin Mano, Council Chair
ATTEST:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
_________________________
CITY RECORDER
(SEAL)
Bill No. __80_ of 2023.
Published: __________________
APPROVED AS TO FORM
Date:__________________________________
By: ___________________________________
Katherine Lewis, City Attorney