Eagle Mountain Government – What form does it take?

There are so many types of government that it can be very confusing. Is Eagle Mountain a Republic, Democracy, Constitutional Republic, Constitutional Democracy, Oligarchy, Monarchy, Dictatorship, or maybe another type of government. City government is different, in that it is the 4th government in the line of governing bodies. We have the Federal, State, County and then City governments. The city can pass laws that are more restrictive than the other three, but it can’t pass laws that remove restrictions that the other three have placed on its residents. Eagle Mountain is what is called a Mayor-Council government. “Characterized by having an executive mayor who is elected by the voters, and a separately elected legislative city council, the variant may be broken down into two main variations depending on the relationship between the legislative and executive branches, becoming a weak-mayor or a strong-mayor variation based upon the powers of the office. These forms are used principally in modern representative municipal governments in the United States, but also are used in some other countries.” [SOURCE] The Government of Eagle Mountain consists of Five City Council Members, a Mayor, several Boards and Commissions (including the Planning Commission), and city staff. The City Council and Mayor are elected positions, with a term of four years. The Boards and Commissions are appointed by the Mayor and then approved by the City Council. The City Staff are employees of the City and are hired using regular hiring processes. Ultimately the government reports to the residents of the city. This flow chart from the budget document gives us some more detail. How does the City Council and Mayor work together and what responsibilities does each one have? Eagle mountain is what is considered a six-member council form of government. They type of council is defined by code for the State of Utah. [State 10-3b-303] City Code is another location where the Mayor and City Council responsibilities and duties are defined. “The mayor is the presiding officer of the Eagle Mountain city council in the preparation of the agenda for meetings of the city council in compliance with the Utah Open and Public Meetings Act. Agenda materials, supporting documents and staff recommendations for a city council agenda shall be submitted to the office of the city recorder no later than noon on the day 48 hours prior to the required date and time for distribution to the mayor and members of the city council of the agenda and supporting materials for regularly scheduled city council meetings.” [City 2.15.020] The Mayor is responsible for the agenda and maintaining order during the meetings. Usually, the Mayor does not vote on action items. There are several exceptions defined by State Code. The Mayor can vote “on each matter for which there is a tie vote of the other council members present at a council meeting” This has only happened twice in Eagle Mountain. Once during a regular City Council meeting and again during a meeting being conducted by an interim-mayor. The Mayor can also vote for the following reasons, “whether to appoint or dismiss a municipal manager” or “an ordinance that enlarges or restricts the mayor’s powers, duties, or functions”. The Mayor and City Council are to refrain from voting if there is a conflict of interest. “Declarations of conflicts of interest may be made at any time as appropriate but need not appear as an agenda item. City elected and appointed officials and employees shall comply with the standards of ethical conduct enacted by the city council of Eagle Mountain City and the applicable requirements of Utah law enacted from time to time.” [City 2.15.080] State Code gives some specific examples of when a conflict of interest must be disclosed [State 10-3-13].

1- Use of office for personal benefit prohibited. 2- Compensation for assistance in a transaction involving the municipality 3- Interest in a business entity regulated by the municipality 4- Interest in a business entity doing business with the municipality 5- Investment creating a conflict of interest with duties

City code also has several restrictions and definitions for Conflict of Interest. They can be found in Chapter 1.15 Conflicts of Interest in the City Code. This also includes “Has an ownership interest in property within Eagle Mountain City for which zoning, conditional use or development approvals are under consideration.” As well as, “Represents as an agent, professional services contractor or other advisor an individual or organization with matters under consideration before the public body.” The Mayor has also delegated the responsibility of the Administration of City Staff by the City Council. “The city council of Eagle Mountain City hereby delegates to the mayor of Eagle Mountain City the legal authority to adopt operational personnel policies and procedures to define specifically operating routines found by the mayor to be necessary and desirable to assure the safety, good order and discipline of agents of the city, and to provide safe and effective public services consistent with the established employee policies and procedures enacted by the city council of Eagle Mountain City.” [City 2.05] Ultimately the City Council, Mayor and City Staff report up to and are responsible to the Citizens of Eagle Mountain. That does not mean the residents should have full control over what happens in Eagle Mountain, but they should have the primary say and input in what happens. Sometimes cities forget that and set up an Oligarchy that includes the city staff and developers. To avoid this from happening the residents of Eagle Mountian need to be involved, communicate with their elected officials and participate in City Government.

Supporting Documents

Eagle Mountain 2020 Budget – Source of Organizational Chart City Development Guide