CLINTON CITY COUNCIL WORK SESSION AGENDA
2267 N 1500 W Clinton, UT 84015
September 22, 2026
This meeting may be attended electronically by one or more members.
6:00 PM WORK SESSION
1. Continued Discussion on Term Limits
ADJOURN
Dated the 15th day of September, 2026
s/Lisa Titensor, Clinton City Recorder
• Supporting documentation for this agenda is posted on the Clinton City website at
www.clintoncity.com and on the Utah Public Notice Website www.utah.gov/pmn
• In compliance with the American with Disabilities Act, individuals needing special
accommodation (including auxiliary communicative aids and service) during the meeting
should notify Lisa Titensor, City Recorder, at (801) 614-0700 at least 24 hours prior to the
meeting.
• This meeting may involve electronic communications for some members of this public
body. The anchor location for the meeting shall be the Clinton City Council Chambers at
2267 N 1500 W Clinton UT 84015. Elected Officials at remote locations may be connected
to the meeting electronically to participate.
• Notice is hereby given that by motion of the Clinton City Council, pursuant to Utah State
Code Title 52, Chapter 4 sections 204 & 205, the City Council may vote to hold a closed
session for any of the purposes identified in that Chapter.
• The order of agenda items may change to accommodate the needs of the city council, staff
and/or public



CLINTON CITY COUNCIL STAFF REPORT
2267 N 1500 W, Clinton, UT 84015
MEETING DATE: September 22, 2026
WORK SESSION X
PETITIONER(S): Mayor Dougherty
SUBJECT: Continued Discussion on Term Limits
In the July 28 City Council meeting, the council concluded they had enough interest in the
topic of term limits to refer it to a work session. In the meeting, City Manager Trevor
Cahoon explained that Utah law neither expressly authorizes nor expressly prohibits
municipal term limits and that no Utah court has directly addressed the issue. He said the
question is whether the Legislature’s list of specific qualifications surrounding elections is
intended to preempt a city from creating additional qualifications.
He stated that the City's legal counsel has consistently advised caution because the issue
remains legally unresolved and, in his opinion, municipal term limits are not advisable. He
also said the council could take its time to consider the issue, because there is no immediate
need requiring the Council to take final legislative action. The council requested to bring the
matter to a work session within 90 days.
Legal concepts or excerpts from the law
• Utah Constitution, Article IV Section 9: "The election of officers of each
city...shall be held...in the manner provided by statute."
• Hutchinson Rule: 1980 Utah Supreme Court ruling said lower governments
have broad lawmaking authority, as long as state statute hasn't preempted them ––
meaning as long as they aren't in conflict with the Legislature's laws.
• Preemption: When state government supersedes the authority of local
government. Express preemption: When state law explicitly (or expressly) spells
out what cities can and can't do. Implied preemption: When state law restricts city
authority without spelling it out. This is usually clarified through the courts, which
analyze state law to see what details were purposely included or purposely left out.
• 20A-9-203. Declarations of candidacy -- Municipal general elections
(1) An individual may become a candidate for any municipal office if: (a) the
individual is a registered voter; and (b) the individual has resided within the
municipality ... for the 12 consecutive months immediately before the date of the
election
• Items covered in state code regarding candidacy:
Filing a declaration
Not declared mentally incompetent
Not in prison as a felon
Filing fees and financial disclosures
Length of a term = four years
Time and date restrictions
Alternate path: Any resident may nominate a candidate for a municipal office by
filing a nomination petition with signatures of at least 25 registered voters
• 20A-9-203. Declarations of candidacy -- Municipal general elections
If it appears that the prospective candidate meets the requirements of candidacy,
the filing officer shall:
Inform the candidate that…the candidate’s name will appear on the ballot
• Items in state election code that expressly mention a city's discretion:
Set an amount for a filing fee
Change from at-large candidates to districts
Opt into a ranked choice pilot program
Adopt some of their own procedures for filling office vacancies
Hold a partisan convention to nominate candidates in cities of the third, fourth, or
fifth class
• Implied Exclusion Rule: A common law principle of interpretation that
says when a law lists specific items, unlisted items are assumed to be left out on
purpose. Utah Supreme Court: "We presume that the expression of one should be
interpreted as the exclusion of another.9 We therefore seek to give effect to
omissions in statutory language by presuming all omissions to be purposeful."
Marion Energy Inc. v. KFJ Ranch, 2011 UT 37
• Occupying the field: A specific power delegated to municipalities may
imply a restriction upon the manner of exercise of that power, but the
restriction is to be construed to permit a reasonable discretion and latitude
in attaining the purpose to be achieved. Was the law intended, expressly or
impliedly, to be exclusive in the field?
Historical data from Clinton's 90-year history in formal government
• About one-third of Clinton's elections in the past 25 years have required a
primary to narrow the field due to having more than two candidates per seat.
• Eight officials, out of 84 officials in history, served more than two terms. Two
of those didn't serve more than two terms at once but instead ran again in a later
decade.
• One mayor in history served more than two terms.
• Town Board
• J. Albert Mitchell, 3 terms (12 years)
• Elwyn J. Parker, 3 ½ terms (14 years)
• City Council
• Dennis Simonsen, 5 terms (20 years)
• Arverd Taylor, 2 ½ terms (11 years)
• Mitch Adams, 5 terms (20 years)
• Anna Stanton, 5 terms (20 years)
• City Council, not consecutive, split across different decades
• Barbara Patterson, 2 ½ terms (11 years)
• Joanne Hansen, 4 terms (16 years)
National research
• The National League of Cities, through surveying, estimates that 15 percent of cities
nationwide have some sort of term limits on city councils, and about 9 percent limit
mayors. Of those, the limits are more common in large cities. The limits are
anywhere from two terms to four terms, and some are focused on number of
successive terms rather than number of total terms.
