Show council M must confirm appointees it will bo be remembered remain bared at the first meeting ot of the new city cily council on the ath ot of this month mayor macdonald macd D ald did not have the tha names 0 of applicants P P licanto tor for city marshal read ills choice tor for this important action was john jackson and ho he named that gentleman tor for the position the members ot of the new councle council neither made protest or did they hey endorse the Ala mayors selection simply wed sawed saw ed wood and Jach Jack soni sout wits was sworn in as aa city mi arshal at the first regular meeting on the ath of 0 tilts this moniah moni bh the question of 0 the appointment was vas referred to and city attorney J E johnson Job vas as asked to take the galuer up with attorney general cluff blutt so that the powers of mayor macdonald ald concerning appointments might be definitely defined attorney johnson complied compiled with this request and abe following opinion from lAt torney r general cleft was received by him the first ot of the week it follows legal department salt lake city utah january 16 1926 mr air J B E johnson Joh naon I 1 city attorney park city utah dear sir I 1 acknowledge receipt ot of you letter of 0 the ath Iri instant stant youash the fol ol loning lolwing questions how long may the marshal hold office and is it necessary tor for the mayor to make this appointment at each council meeting in III case tile the mayor and tile the coun conn all cannot agree upon the appointment ot of some person tor for marshal how long a time ran can the mayor make this appointment for without the consent of the city council 1 I ant am of the opinion that the mayor cannot make an appointment that mould be lawful and that would L entitle title the appointee to dra draw r a salary a ry without the consent ot of the counell council 1 I understand park city is ia a city ot of the third class and section ot of the complied lams of 0 utah 1917 provides that in cities ot of the third class clase the mayor by and with the advice and consent ot of the count c cil 1 many appoint all such officers and agents as may be pro vid edby law or ordina ordinance ace and in like manner fill all vacancies cies among the same except as aa otherwise provided by law section Sect loni provides the term ot of office ot of all appointive poin tive officers shall be until the tee municipal election next nest following their appointment andi and until their successors are duly auly appointed and qualified unless sooner vedi by the mayor with nith the concurrence ot of a me ma bority ot of the members ot of the city council or by the city council with the concurrence ot of the mayor consequently the old marshal who has been serving bould continue to told hold office until his successor was duly appointed and qualified and in order r to duly appoint a marshal the tha mayor must have the concurrence of a majority ot of the council it if therefore the council refused to confirm the appoint appo int aint ament the mayor may either continue to malca maks such euch appoint ment dent at ees ont or someone whom the council will confirm but until they get to gether and the appointment Is a confirmed by the council and the appointee e qualifies the old marshall mar mars ball may continue to hold office and be entitled to hla his salary I 1 yours very truly HARVEY 11 II CLUFF attorney general at this sl assion of 0 the city counell council an incident occurred which escaped the notice ot of the record teporter reporter and which bears berar aerially leri teri ally with the views of oe the council as to gambling and other law violations in the future during the he session cession when granting ot of licenses was twits under considerate consi consideration derat ion councilman W J lewis moved that acting city Al marshal arshal ja apson on be in sl to use every evert ci s po abl to stop gambling iu in our city cay and to put a stop to all punch boards and Biml liar devices ini in operation in pool halls and other places on our main street as same were a menace to patrons and strictly against the lam tile motion tell fell flat not ong ot of the other councilmen apparently willing to ae arcond cond the motion in orect der to lessen the consequent embarrassment city attorney johnson Jo linson called attention to the fact act that the law against gambling audi aub gann bling dei vices was a state as well as aa a city I 1 law and a motion should not bo be I 1 necessary tor for peace officers to per I storm form their sworn duty S nee thie meeting however blo wever gambling and boards have continued contin ucil unmolested the same a ai usual not to tile the credit of 0 cither tile the new council or the new marshal or ilia his wily Is that moral back bone so softens fiens so suddenly and completely alter after the names ot of those elected and appointed are safely or on the pay roll |