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City attorney outlines public-only process to fill council vacancy under updated state law
Summary
Pleasant Grove City Attorney Christine Petersen told the council the updated State Statute requires the council to select a replacement for the vacated seat in public within 30 days, and staff will draft a local policy for interviews, ballots and materials to be used during the selection process.
City Attorney Christine Petersen told the Pleasant Grove City Council during a Nov. 18 work session that recent changes to state law mean the city must conduct the entire council vacancy selection process in public. “The vacancy must be filled within 30 days of the date the vacancy occurs,” Petersen said, adding that executive sessions to deliberate candidates are no longer allowed.
Petersen described statutory requirements the city must follow: public notice at least 14 days before the meeting to select a replacement, inclusion of the date/time/place and the person to whom candidates submit their names, and a public interview process. She said she has prepared a summary and will email it to council members ahead of formal policy drafting. Administrator Scott Darrington confirmed that the vacancy will occur Jan. 6, 2026, when Council Member Eric Jensen is sworn in as mayor, and staff proposes timing that allows a special meeting in the statutory 30-day window.
Council members discussed procedural choices the statute leaves to local policy. Options included requiring a short letter of interest versus a formal application or resume, asking candidates to make two-minute presentations, permitting each council member to ask one question per candidate, and whether the initial narrowing vote should be by secret ballot. Council Member Steve Rogers said he favored additional discussion and the opportunity to ask more questions in a later round if his preferred candidates did not advance. Todd Williams echoed the need for more information before selecting a replacement.
Petersen noted examples from other cities (Spanish Fork, Highland) and asked council members to email any questions they want included in an application or in the interview prompts. Staff intends to present a draft policy to council for adoption at either the Dec. 2, 2025 or Jan. 6, 2026 meeting, and to schedule the special selection meeting within the 30-day statutory deadline.
