City Attorney: City Manager runs CH – not the Mayor

Written By: admin - Sep• 25•15

Tuesday, July 28, 2015

 

Cedar Hills Councilman Rob Crawley posted an interesting document on his blog.  It was about the Council’s requested clarification by the City Attorney answering the question:

Who has the authority to run the City?

The answer is buried in the document details below.  But, the simple answer is that the key power and authority under State Code and CH City ordinance puts that power and responsibility in the hands of the City Manger David Bunker, — not Mayor Gary Gygi.

Mayor Gygi has raised concerns recently by his usurpation of powers in a number of areas, including micro-management and resulting alienation of the City employees.  This Council requested clarification from the new CH City Attorney  David Shaw who made it clear that the scope of the Mayor’s powers is closer to that of being the CH’s ceremonial public face in cutting ribbons, speaking at Eagle Scout events, etc., and chairing the City Council meetings — rather than the complete control he has reportedly pursued.

Here’s Councilman Crawley’s post & the City Attorney David Shaw’s letter to the Council, as taken and belatedly provided for you here from Crawley’s blog…  http://cedarhillsrob.blogspot.com

 

Over the last couple of years while I have been on the city council, there have been debate and occasional disagreement about the various duties and responsibilities of the mayor, city council and city manager.  I requested that our attorney spell out the boundaries for us as we move forward to hopefully limit the disagreements and debates over the next 2+ years that I will remain on the city council.  Following is his report:

 

TO:                     The Honorable Gary Gygi Council Member Augustus Council Member Crawley Council Member Geddes Council Member Rees Council Member Zappala

CC:                     David Bunker, City Manager

FROM:               David J. Shaw, City Attorney

Elysa Dishman

DATE:                July 21, 2015

SUBJECT:         Roles and Responsibilities of the Cedar Hills Mayor, City Council, and City

Manager

This Memorandum is in response to your request for our analysis of the roles and responsibilities of the Mayor, City Council, and City Manager for the City of Cedar Hills (the “City”) pursuant to Utah Law and the Cedar Hills Municipal Code (“CHMC”). Under the City’s current form of government, each of the Mayor, City Council, and City Manager have distinct roles under applicable law. Generally speaking, the Mayor is the “chief executive officer” who supervises, presides, and plays a role in formulating high-level policies and the strategic vision for the City.  The City Council is the legislative and governing body of the City and has executive and administrative duties that are not tasked to the Mayor.   The City Manager is the “chief administrative officer of the city” and manages the day-to-day operation of city functions.  For a side-by-side comparison of the roles and responsibilities of the Mayor, City Council, and City Manager from the Utah Code and CHMC, see Addendum A attached to this Memorandum.

DISCUSSION

Form of Cedar Hills Governing Body and the Utah Municipal Code

The governing body for the City of Cedar Hills is a council composed of six members, …

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For the complete posting see http://cedarhillsrob.blogspot.com

OR, open this PDF …  CH Attorney David Shaw on Mayor vs City Manager duties & responsibilities 2015 07 21

 

 

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