Utah Code » Title 10, Chapter 3 — Municipal Government; part 10-3-9 — Appointed Officials and Their Duties
Utah Code

Utah Code § 10-3-916 (2026)

Appointment of recorder and treasurer in a city of third, fourth, or fifth class or a town -- Vacancies in office

✓ current as of May 2026
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In each city of the third, fourth, or fifth class and in each town, the mayor, with the advice and consent of the city council, shall appoint a qualified person to the office of city recorder and a qualified person to the office of city treasurer.
The mayor and city council shall use best efforts to ensure the office of city recorder or office of city treasurer is not vacant.
The city recorder is ex officio the city auditor and shall perform the duties of that office.
The mayor, with the advice and consent of the council, may also appoint and fill vacancies in all offices provided for by law or ordinance.
All appointed officers shall continue in office until their successors are appointed and qualified.
Notes of Decisions
Cited in 4 cases, 1989–2003 · leading case: Ward v. Richfield City, 798 P.2d 757 (Utah 1990).
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Ward v. Richfield City, 798 P.2d 757 (Utah 1990). · cites it 3× “He compares that mandate to section 10-3-916 and -918, where the mayors of third class cities are directed to appoint chiefs of police or marshals, who in turn are given authorization to appoint assistants.”
Snyder v. City of Moab, 354 F.3d 1179 (10th Cir. 2003). “There, applying a Wyoming law similar to Utah Code Ann. § 10-3-916 (1), we affirmed the district court’s grant of summary judgment for the employer, holding that the city clerk/treasurer “possessed a constitutionally protected property right in continued employment [which]…”
Larson v. Park City Mun. Corp., 955 P.2d 343 (Utah 1998). · cites it 2× “Utah Code Ann. § 10-3-916 . The city recorder is required to be located at the place of the city council or somewhere convenient thereto.”
Ward v. Richfield City, 776 P.2d 93 (Utah Ct. App. 1989). · cites it 2× “RIGHT TO APPEAL DISCHARGE The Mayor, with the advice and consent of the Council, appointed Ward to the position of Richfield City Chief of Police, pursuant to Utah Code Ann. § 10-3-916 (1981). This same body had the authority to dismiss Ward, without a hearing, notice, or cause.”
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