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080 of 2023 - Budget Amendment No. 3 FY 24 1 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. 2 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. 3 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. 4 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 Katherine Lewis (Jan 16, 2024 17:03 MST) Jan 16, 2024 Victoria Petro (Jan 24, 2024 11:35 MST) Jan 24, 2024 Erin Mendenhall (Jan 30, 2024 12:09 MST) 4 January 31, 2024 (updated) Ordinance 80 of 2023 Creating a Division of Legislative Affairs and Clarifying Functions of the City Attorney’s Office Final Audit Report 2024-01-31 Created:2024-01-16 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAnINg-CEAgDhLFJ_eMh4zqXEFHq7wbM99 "(updated) Ordinance 80 of 2023 Creating a Division of Legislati ve Affairs and Clarifying Functions of the City Attorney’s Office" History Document created by Thais Stewart (thais.stewart@slcgov.com) 2024-01-16 - 11:56:35 PM GMT Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature 2024-01-16 - 11:58:28 PM GMT Email viewed by Katherine Lewis (katherine.lewis@slcgov.com) 2024-01-17 - 0:02:35 AM GMT Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com) Signature Date: 2024-01-17 - 0:03:08 AM GMT - Time Source: server Document emailed to Darin Mano (darin.mano@slcgov.com) for signature 2024-01-17 - 0:03:10 AM GMT Thais Stewart (thais.stewart@slcgov.com) added alternate signer victoria.petro@slcgov.com. The original signer Darin Mano (darin.mano@slcgov.com) can still sign. 2024-01-17 - 0:07:22 AM GMT Document emailed to victoria.petro@slcgov.com for signature 2024-01-17 - 0:07:22 AM GMT Email viewed by victoria.petro@slcgov.com 2024-01-17 - 7:41:49 AM GMT New document URL requested by victoria.petro@slcgov.com 2024-01-24 - 5:43:43 PM GMT Email viewed by victoria.petro@slcgov.com 2024-01-24 - 6:05:07 PM GMT Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro 2024-01-24 - 6:35:47 PM GMT Document e-signed by Victoria Petro (victoria.petro@slcgov.com) Signature Date: 2024-01-24 - 6:35:49 PM GMT - Time Source: server Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2024-01-24 - 6:35:50 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2024-01-24 - 6:58:53 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2024-01-29 - 7:57:50 PM GMT Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2024-01-30 - 7:09:55 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2024-01-30 - 7:09:56 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2024-01-31 - 0:19:48 AM GMT - Time Source: server Agreement completed. 2024-01-31 - 0:19:48 AM GMT