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Referendum May Not Be Allowed in Utah Merger

A referendum sought by Kaysville, Utah, residents that could approve or overturn the city council’s decision to merge the city library with the local county system is not legally possible, county officials said.

A referendum would only be allowed if the city council had taken legislative action by passing an ordinance or resolution, said County Clerk/Auditor Steve Rawlings. However, the July 5 decision “amounts to an administrative function,” making a referendum impossible, Rawlings said in the July 12 Davis County Clipper.

Brett Passey, a spokesman for the group that is collecting 1,500 signatures on a petition to force the referendum, said the group was seeking other attorneys’ opinions of the law and would continue to push for a public vote. “We believe it ought to be put to the voters to decide,” he said.

Posted July 15, 2005.

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