Chapter 2.36
PUBLIC MEETINGS

Sections:

2.36.010    Definitions.

2.36.020    Policy for approval of minutes.

2.36.030    Meetings of the city council.

2.36.040    Electronic meetings.

2.36.050    Meetings open to the public.

2.36.060    Public notice of meetings.

2.36.010 Definitions.

The following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah Open Meetings Act; the definition found in that Act shall apply:

A.    “Convening” means the calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power.

B.1.    “Meeting” means the convening of a public body, with a quorum present, including a workshop or an executive session whether the meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.

2.    “Meeting” does not mean:

a.    A chance meeting;

b.    A social meeting; or

c.    The convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened and:

i.    The public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or

ii.    The public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action.

C.    “Meeting clerk” shall mean the city recorder or town clerk (or their acting deputies) for a city or town council, or shall mean the person assigned by a public body, other than a city or town council, to record and to take the written minutes of a meeting of a public body of this municipality.

D.    “Minutes” of a meeting is a written record of the meeting that shall include:

1.    The date, time, and place of the meeting;

2.    The names of members present and absent;

3.    The substance of all matters proposed, discussed, or decided by the public body which may include a summary of comments made by members of the public body;

4.    A record, by individual member, of each vote taken by the public body;

5.    The name of each person who:

a.    Is not a member of the public body; and

b.    After being recognized by the presiding member of the public body, provided testimony or comments to the public body;

6.    The substance, in brief, of the testimony or comments provided by the public under subsection (D)(5) of this section; and

7.    Any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.

E.    “Proposed minutes” shall mean the written minutes prepared by the meeting clerk that have been given to the members of the public body for their review and approval.

F.1.    “Public body” means any administrative, advisory, executive, or legislative body of this municipality that:

a.    Is created by the Utah Constitution, statute, rule, ordinance, or resolution;

b.    Consists of two or more persons;

c.    Expends, disburses, or is supported in whole or in part by tax revenue; and

d.    Is vested with the authority to make decisions regarding the public’s business. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010)

2.36.020 Policy for approval of minutes.

The following shall be the policy and procedure for the approval of minutes for this municipality:

A.    Written minutes shall be taken for all public meetings of any public body of this municipality. The minutes of all public meetings of any public body of this municipality shall be recorded and taken down by the meeting clerk during the course of any public meeting of the public body.

B.    Within ten working days from the end of the meeting, the meeting clerk shall prepare proposed minutes for the meeting and give a copy of the proposed minutes to each member of the public body for his or her review and comments.

C.    Once the proposed minutes have been given to the members of the public body, the meeting clerk shall immediately make available to the public the proposed written minutes, which shall be clearly identified as “awaiting formal approval” or “unapproved” or with some other appropriate notice that the proposed minutes are subject to change until formally approved, and they shall become a public document available to any member of the public who requests to read or copy the proposed minutes.

D.    The public body shall consider the proposed minutes for approval at the first meeting of the public body where votes are taken and business transacted (i.e., excluding work meetings and executive sessions) that immediately follows the meeting clerk giving the proposed minutes to the members of the public body. The members of the public body shall either approve the proposed written minutes as presented or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes at that meeting.

E.    If the public body fails to consider the proposed minutes, or does not take any action to approve the proposed minutes at the first public meeting held by the public body immediately following the public body’s receipt of the proposed minutes from the meeting clerk, the proposed minutes shall be deemed to have been approved by the public body and will stand as proposed.

F.    Once the proposed minutes have either been approved by the public body or have been deemed to have been approved by the inaction of the public body, they shall become the official record of the proceedings of the public body and shall be signed by the clerk of the meeting and shall be retained in the official records of this municipality and shall be a public document available for the inspection and copying by members. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010)

2.36.030 Meetings of the city council.

A.    Meeting Schedule. The city council will hold regular city council meetings on the first and third Tuesdays of the month, except on those dates when a meeting must be canceled or changed.

B.    Meeting Location. City council meetings will be held at City Hall in the chambers of the city council, which are located at 655 West Center Street, Midvale, Utah; council meetings may be held at other locations as necessary and as lawfully designated by the city council.

C.    Time of Meeting. City council meetings will begin at six-thirty p.m.

D.    Emergency and Special Meetings. Emergency and special meetings of the city council may be held at such times and locations as designated by the city council and in accordance with state law.

E.    Notice of Meetings. The city recorder shall cause that the required notice of the locations and times of all meetings of the city council be posted as required by state law.

F.    Open and Public Meetings. All meetings of the city council shall be held in compliance with the Utah Open and Public Meetings Act as set forth in Section 52-4-1 et seq. of the Utah Code Annotated, or its successor. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.8.101), 2007. Formerly 2.36.010)

2.36.040 Electronic meetings.

A.    Definitions. As used in this title:

“Anchor location” means the physical location from which the electronic meeting originates or from which the participants are connected.

“Electronic meeting” means a Midvale City council meeting convened or conducted by means of a telephonic, telecommunications, or computer conference.

“Electronic notice” means electronic mail or fax.

“Monitor” means to hear, live, by speaker, or by other equipment, all of the public statements of each member of the Midvale City council who is participating in a meeting; or see, by computer screen or other visual medium, all of the public statements of each member of the Midvale City council who is participating in a meeting.

“Participate” means the ability to communicate with all of the members of the Midvale City council, either verbally or electronically, so that each member of the Midvale City council can hear or see the communication.

“Public hearing” means a meeting at which comments from the public will be accepted.

“Public statement” means a statement made in the ordinary course of business of the Midvale City council with the intent that all other members of the Midvale City council receive it.

B.    Procedures. The Midvale City council may, by following the procedures and requirements of this title, convene and conduct an electronic meeting. The Midvale City council, convening or conducting an electronic meeting, shall:

1.    Give public notice of the meeting pursuant to Sections 52-4-202 and 54-2-207 of the Utah Code Annotated by posting written notice at the anchor location; and providing written or electronic notice to at least one newspaper of general circulation within the state; to a local media correspondent; and publish notice on the Utah Public Notice Website.

2.    In addition to giving public notice required by subsection (B)(1) of this section, provide notice of the electronic meeting to the members of the Midvale City council at least twenty-four hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and a description of how the members will be connected to the electronic meeting.

C.    Procedures Governing Electronic Meeting. The procedures to be followed at the electronic meeting shall be the same as those followed by the Midvale City council in a nonelectronic meeting of the board. The mayor or mayor pro tem shall conduct the meeting and the meeting shall be held pursuant to the agenda posted for that meeting.

Prior to commencing the electronic meeting an electronic link shall be established with all participants and the anchor location. Minutes shall be kept for the meeting in accordance with the requirements of the Open Meetings Law. Following passage of a motion to adjourn, the electronic link shall be terminated and the meeting shall be deemed concluded.

The initial anchor location for meetings of the Midvale City council shall be the City Hall Council Chambers located at 655 West Center Street, Midvale, Utah. If the meeting is a public hearing, space and facilities will be provided at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010)

2.36.050 Meetings open to the public.

A.    Every meeting of the city council is open to the public unless the meeting is closed pursuant to subsection (B) of this section.

B.    A closed meeting may be held upon the affirmative vote of two-thirds of the members of the public body present at an open meeting for which notice is given pursuant to Section 2.36.060, provided a quorum is present. No closed meeting is allowed except as to matters set forth under subsection (C) of this section. No ordinance, resolution, rule, regulation, contract, or appointment shall be approved at a closed meeting. The reasons for holding a closed meeting and the vote, either for or against the proposition to hold such a meeting, cast by each member by name shall be entered on the minutes of the meeting. Nothing in this chapter shall be construed to require any meeting to be closed to the public.

C.    A closed meeting may be held pursuant to Section 52-4-205 of the Utah Code Annotated for any of the following purposes:

1.    Discussion of the character, professional competence, or physical or mental health of an individual;

2.    Strategy sessions to discuss collective bargaining;

3.    Strategy sessions to discuss pending or reasonably imminent litigation;

4.    Strategy sessions to discuss the purchase, exchange, or lease of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms;

5.    Strategy sessions to discuss the sale of real property when:

a.    Public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms;

b.    The public body had previously given public notice that the property would be offered for sale; and

c.    The terms of the sale are publicly disclosed before the public body approves the sale;

6.    Discussion regarding deployment of security personnel, devices or systems; and

7.    Investigative proceedings regarding allegations of criminal misconduct.

A public body may not interview a person applying to fill an elected position in a closed meeting.

Nothing in this section may be construed to require any public body to approve the purchase, sale, exchange or lease of real property if that public body is not required to approve the purchase, sale, exchange or lease of real property under other laws.

D.    This section shall not apply to any chance meeting or social meeting. No chance meeting or social meeting shall be used to circumvent this article. This section shall not prohibit the removal of any person who willfully disrupts a meeting to the extent that orderly conduct is seriously compromised. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.8.102), 2007. Formerly 2.36.020)

    State law reference(s)—Similar provisions, § 52-4-208 of the Utah Code Annotated.

2.36.060 Public notice of meetings.

A.    The city recorder shall give notice at least once each year of the annual meeting schedule of the city council and such other public bodies of the city which hold regular meetings that are scheduled in advance over the course of a year. The public notice shall specify the date, time and place of such meetings.

B.    In addition to the notice requirements of subsection (A) of this section, the city recorder shall cause to be given not less than twenty-four hours’ public notice of the agenda, date, time, and place of each of its meetings.

C.    Public notice shall be satisfied by:

1.    Posting written notice at the principal office of the public body or, if no such office exists, at the building where the meeting is to be made;

2.    Providing a notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body or to a local media correspondent; and

3.    Posting notice on the Utah Public Notice Website.

D.    When because of unforeseen circumstances it is necessary to hold an emergency meeting to consider matters of an emergency or urgent nature, the notice requirements of subsection (B) of this section may be disregarded and the best notice practicable given. No such emergency meeting of a public body may be held unless an attempt has been made to notify all of its members and the majority votes in the affirmative to hold the meeting. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.8.103), 2007. Formerly 2.36.030)

    State law reference(s)—Similar provisions, § 52-4-202 of the Utah Code Annotated.