On Capitol Hill Wednesday, Rep. David Hogue presented draft legislation that would repeal a portion of Utah law affecting third-, fourth- and fifth-class cities. His concern: the Bluffdale City Council's unanimous September vote that stripped Mayor Claudia Anderson of her executive powers.

"Issues have happened in recent months that reach to the grass roots of politics, circumventing citizen rights to select the form of government that will serve them," Hogue told the Interim Political Subdivisions Committee.

The Riverton Republican works for Anderson, representing her business, Audio Enhancement, throughout the United States. Hogue will retire from the Legislature after his fifth term ends in December.

In October, Anderson sued the council but lost the case in 3rd District court. She has appealed that decision to the state Supreme Court.

Other Utah cities - Syracuse and Lehi - recently faced similar conflicts to those of sharply-divided Bluffdale.

Anderson's attorney, Karra Porter, told lawmakers that the mayor was elected "to be the city's CEO, to provide oversight to the City Council. I would consider [state statute] 10-3-830 an elimination of the mayor's power."

One section of Utah law requires a vote of the people before a city changes its form of government, while section 10-3-830 - which Hogue hopes to repeal - allows councils in smaller cities to limit a mayor's powers and install a city manager.

"I would regard this as a cleanup of portions of the law that have caused confusion," Hogue said. Robert Rees, associate general counsel for the Legislature, said section 10-3-830 has been part of Utah Code since 1977 and possibly before - and many Utah cities have used it.

In September, Bluffdale's City Council sent a letter to residents detailing the city's past use of 10-3-830. In 1995, the council passed an ordinance establishing the city manager position, which remained in effect for seven years.

In Dec. 2002, the council, in a 3-2 vote and without a public hearing, passed a resolution to eliminate the city manager position and expand the mayor's powers. Anderson, then a councilwoman, moved that vote forward.

For some, such as Lehi resident Gordon Miner, the big issue is constitutional rights.

"Who has the power to change the form of government? The people do," Miner told lawmakers. "No other approach should even be considered in the USA."

Washington Terrace City Manager Mark Christensen, representing the Utah City Managers Association, offered a different perspective.

"We advocate that elected officials be given as much latitude as needed to determine how a city can best be managed," Christensen said. "Removing this option could remove their ability to adapt, grow and change."

cmckitrick@sltrib.com

What's next

Interim Political Subdivision Committee members, concerned they'd only heard from one side earlier this week, voted unanimously to hold more hearings before the proposed bill, dealing with how a city can change its form of government, advances to the House or Senate floor.