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Pleasant Grove legal counsel outlines public-only process, deadlines for council vacancy
Summary
The city’s legal counsel reviewed new state requirements and proposed local procedures for filling a council vacancy, noting a 30-day fill window, required 14-day public notice, and options for secret-ballot narrowing and candidate application details.
City general counsel reviewed the state rules and local options for filling an upcoming Pleasant Grove City Council vacancy, telling the council the seat must be filled within 30 days and that interviews and votes must occur in public. “But, basically, the vacancy must be filled within 30 days of the day that the vacancy occurs,” counsel stated.
The counsel (legal role/title) said the city must post a public notice at least 14 days before the selection meeting listing the meeting date, time and place and how interested parties may submit their names. She noted that statute language prevents the council from discussing candidates in executive session and that any initial vote to narrow candidates must take place in open meeting; ties for the mayor’s tie-breaking role and a coin toss to resolve a tie for second place under some scenarios were also described.
Council members debated procedural choices for a local policy that would supplement the statute. The staff-cited models from other cities varied on whether the council uses secret ballots to narrow candidates and whether council members may ask additional questions of the final two candidates before a second round of voting. One recommendation under consideration would allow each council member to mark two names on a secret ballot to identify the top two candidates for a public follow-up round.
Officials discussed schedule options: staff expects a resignation to be effective Jan. 6 and proposed a special appointment meeting within the 30-day statutory window (candidates to be noticed and interviewed after the 14-day notice period). Counsel emphasized that while councilors may review application materials in advance, they must not confer about preferences outside the public meeting.
Next steps: staff will draft a local policy for council review (target agendas noted for December 2 or Jan. 6) and will include guidance on application questions, whether to permit follow-up questions after a narrowing vote, and the timing of the special meeting to make the appointment.
