050 of 2019 - Requiring information reports to the City Council 0 19-1
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SALT LAKE CITY ORDINANCE
No. 50 of 2019
(Requiring information reports to the City Council)
AN ORDINANCE ENACTING SECTION 2.04.045,SALT LAKE CITY CODE, TO
REQUIRE THAT INFORMATION REPORTS BE PROVIDED TO THE CITY COUNCIL.
WHEREAS, as recognized by Utah law, the public should have easy and reasonable
access to information concerning the conduct of the public's business except when access to
personal data gathered by governmental entities is restricted by law; and
WHEREAS,the goal of gathering all standard reporting requests into one easy-to-
reference location is to enhance transparency, improve efficiency in communications, add clarity
and reduce confusion; and
WHEREAS,this information enables the Council to make informed decisions and when
necessary, make budget adjustments or initiate ordinance changes; and
WHEREAS,the goal of the reporting ordinance is to provide timely information so that
the Council can make informed decisions and not to create unnecessary work. It is more
efficient to share expectations of information early so the Administration can plan workload and
prevent re-work; and
WHEREAS,the City Council will have regular requests about specific issues and action,
but to the extent possible this ordinance serves to incorporate requests that can reasonably be
anticipated; and
WHEREAS, pursuant to Utah statutory and common law, including but not limited to
Utah Code 10-3b-203 and Martindale v. Anderson, 581 P.2d 1022 (1978),the City Council, as a
co-equal branch of Salt Lake City Corporation, may adopt an ordinance requiring that city
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administrative information be made available to the City Council on the same basis as it is
available to the Administrative branch; and
WHEREAS, it is proposed that Section 2.04.040,Salt Lake City Code, be amended and
that Section 2.04.045,Salt Lake City Code, be enacted to require that city administrative
information be provided to the City Council as set forth below; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.04.045,Salt Lake City Code,be enacted as follows:
2.04.040: RELATIONSHIP WITH CITY COUNCIL:
<no changes to this section>
2.04.045: INFORMATION REPORTS:
A. Purpose: Adequate and timely receipt of information is critical for the city council to
effectively discharge its legislative oversight duty to adopt ordinances,budgets and
policies that protect the health, safety and general welfare of the public, review
municipal administration as provided under Utah law. This section is not intended to
be a comprehensive list of all information the Council may need at a given time to
perform their required duty. This section requires that such information be provided
to the council to achieve the following purposes:
1. Facilitate the efficiency, effectiveness, and economy of governmental
operations;
2. Evaluate program performance;
3. Enhance transparency;
4. Investigate alleged instances of, arbitrary and capricious behavior,
abuse, waste, dishonesty and fraud;
5. Review and evaluate the City's fiscal health and compliance with
State, Federal and City requirements and best practices;
6. Assure that the public interest is carried out in the City's budget,
ordinances and policies;
7. Protect individual rights and liberties;
8. Measure executive branch compliance with City policy, budget and
ordinances;
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9. Maximize opportunities for advance planning and efficient use of City
resources by assuring all budget and capital decisions are made in the
context of the City's full needs.
B. Required Information Reports: The following information reports shall be transmitted
to the city council:
1. Budget and finance reports
a. Reports to be provided on or before the first Tuesday in May, unless
otherwise noted in this section:
i. Update on implementation of key Administrative and Council
initiatives authorized in the previous budget, within six months
of funding authorization,
ii. Capital improvement program budget, including details for all
project applications, list of funds previously appropriated for
each project, and funding recommendations by the Mayor and
Community Development and Capital Improvement Program
Advisory Board, as well as:
• available and encumbered impact fee funds by type and
expiration date ;
• balance of each approved capital project account;
• projects that are in the 10 year capital facilities plan but
are not recommended for funding;
• Public information provided to the community
development and capital improvement programs
advisory board at the same time it is provided to the
board.
• Recommendations from the Board at the same time
they are transmitted to the Mayor, per Section 2.07.150
of the City Code,
iii. List of vacant city employee positions and length of time
positions have been vacant,
iv. List of key job duties for new positions included in the
Mayor's recommended budget,
v. Claims paid from the governmental immunity fund and current
fund balance, including any budget requests that affect the
fund,
vi. Enterprise Fund and Library Fund budget recommendations
from Boards shall be provided to the Council at the same time
as they are provided to the Mayor, per Section 2.07.150 of the
City Code.;
vii. Currently tracked performance measures for each department
and division that relate to policy, ordinance, service-level, or
budget issues;
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October 15, 2019
viii. Bid Requirement Ordinance Responsive bidder reports relating
to City issued bid solicitations as required by section 3.24.115
of this code, including:
•
• How bid requirements have been applied,
• Any bids awarded based on authorized exemptions to
bid requirements, and
• Any other information needed to explain how bid
requirements rules have been applied.
b. Proposed budget amendments report,to be provided with each budget
amendment request:
i. the purpose of each proposed item and the source of funds for
each item;
ii. explanation of the reasoning for not including the proposed
item in the annual budget;
iii. fund balances and revenue received, and projections for the
remainder of the fiscal year, based on the previous six (6)
months actual revenue received;
iv. impact fee balances (by type and expiration date).
SECTION 3. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake , U : 1 say of October , 2019.
III /
CHAIRPE' 'ON
ATT T:
CITY RECORDER
Transmitted to Mayor on October 16, 2019 .
Mayor's Action: T Approved. Vetoed.
MA OR
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Octo 19
CITY RECO
"4 APPROVED AS TO FORM
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Published: October 21, 2019. ' .••� ~"
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