Utah Municipal Attorneys Association

News:

  • 30 Aug 2017 10:50 AM | Clint Drake (Administrator)

    Kayville City has a job opening for the position of City Attorney.  Click the link below for more information.  


    Position Announcement City Attorney.doc 

  • 29 Oct 2012 5:43 AM | Heather Schriever
    Fierro v. Park City 2011 UT App 304
    Examining the requirements of Utah Code § 10-3-1106, the conduct of the Employee Appeals Board, and the scope of its reviewing authority ultimately holding: (1) that a terminated employee must be given formal notice of the reasons for his termination; (2) that due process requires this formal notice so that the employee has the opportunity to effectively appeal the termination decision; and (3) that an Employee Appeals Board must consider only the allegations that were formally communicated to the employee in the termination documentation provided to the employee.
  • 16 Jul 2012 11:16 AM | Heather Schriever

    South Salt Lake City has prepared this draft ordinance in response to S. B. 180 for your review.

    South Salt Lake City Municipal Ethics Commission Ordinace - DRAFT

  • 27 Jun 2012 5:56 AM | Heather Schriever
    Governor Herbert asked ULCT to advise local governments on how they can regulate firework use.  Consequently, ULCT has drafted a memorandum regarding this issue and has drafted the two sample ordinances included below for consideration by local governments.

    ULCT Fireworks Memorandum
    Sample Ordinance - prohibiting fireworks and open fires
    Sample Fireworks Ordinance 
  • 29 May 2012 8:40 AM | Heather Schriever
    Layton City has drafted and submitted to its City Council amendments to Title 5 of its Business Licensing Ordinance and Title 19 of its Zoning Ordinance addressing the sale of spice.  The ordinance amendments closely follow the recently passed Utah State law except that Layton City staff has elected to make some of the criminal requirements a little more stringent.  Links to the proposed ordinance amendments are listed below.

    Retail Tobacco Specialty Business (Business License)_1.pdf

    Retail Tobacco Specialty Business (Zoning)_1.pdf
  • 14 May 2012 6:32 AM | Heather Schriever
    Thank you to Jeff Starkey for asking that this case be brought to the attention of the UMAA membership.

    Quote from the opinion syllabus:

    Respondent Delia, a firefighter employed by the City of Rialto, California, missed work after becoming ill on the job. Suspicious of Delia’s extended absence, the City hired a private investigation firm to conduct surveillance on him. When Delia was seen buying fiberglass insulation and other building supplies, the City initiated an internal affairs investigation. It hired petitioner Filarsky, a private attorney, to interview Delia. At the interview, which Delia’s attorney and twofire department officials also attended, Delia acknowledged buyingthe supplies, but denied having done any work on his home. To verify Delia’s claim, Filarsky asked Delia to allow a fire department official to enter his home and view the unused materials. When Delia refused, Filarsky ordered him to bring the materials out of his home for the official to see. This prompted Delia’s attorney to threaten a civil rights action against the City and Filarsky. Nonetheless, after the interview concluded, officials followed Delia to his home, where he produced the materials. Delia brought an action under 42 U. S. C. §1983 against the City, the Fire Department, Filarsky, and other individuals, alleging that the order to produce the building materials violated his Fourth and Fourteenth Amendment rights. The District Court granted summary judgment to the individual defendants on the basis of qualified immunity. The Court of Appeals for the Ninth Circuit affirmed with respect to all individual defendants except Filarsky, concluding that he was not entitled to seek qualified immunity because he was a private attorney, not a City employee.
    Held: A private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under §1983.

    Filarsky v. Delia, 132 S. Ct. 1657 (2012)
  • 15 Mar 2012 8:16 AM | Heather Schriever

    Attached is a summary of the presentation given by Junior Baker and Lyn Creswell to the Utah City Manangers Association and to the League of Cities and Towns at last years' conference.

    How to Get the Most Out of Your Municipal Attorney.pdf

     

  • 26 Jan 2012 8:07 AM | Heather Schriever
    On January 10, 2012, the Utah Supreme Court issued Carter v. Lehi City,2012 UT 2 in which the Utah Supreme Court "reexamined our precedents defining the nature and extent of the people's power to legislate by initiative."  The Utah Supreme Court specifically abandoned the framework in Citizen's Awareness v. Marakis, 873 P.2d 1117 (Utah 1994) and ultimately held that a ballot initiative "should be deemed an appropriate legislative act where is proposes a law of general applicability." 
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