Chapter 2.15
CITY COUNCIL
Sections:
2.15.060 Consideration of agenda items.
2.15.080 Standards of civil discourse.
2.15.090 Conflicts of interest.
2.15.100 Legislative priorities list established.
2.15.120 Mayor pro tempore and council assignments.
2.15.010 Compensation.
A. Each member of the city council shall be paid monthly compensation in the amount of $1,100 and shall be entitled to receive other benefits that are provided by the city or incidental to the city council member’s duties such as a computer (tablet), conference fees, professional memberships, etc.
B. Each member of the city council shall be paid an additional monthly compensation in the amount of $200.00 for nonreimbursed incidentals that are necessary to fulfill their duties, such as local travel, home internet, personal phones, etc.
C. The mayor and each member of the city council shall be entitled to reimbursement for authorized expenses personally advanced on city business or for the purposes of the city. [Ord. O-30-2019 § 3 (Exh. A); Ord. O-09-2007 §§ 5, 6].
2.15.020 Presiding officer.
The mayor is the presiding officer of the Eagle Mountain city council in the preparation of the agenda for meetings of the city council in compliance with the Utah Open and Public Meetings Act. Agenda materials, supporting documents and staff recommendations for a city council agenda shall be submitted to the office of the city recorder no later than noon on the day 48 hours prior to the required date and time for distribution to the mayor and members of the city council of the agenda and supporting materials for regularly scheduled city council meetings. [Ord. O-01-2012 § 1; Ord. O-24-2006 § 1].
2.15.030 Regular meetings.
Regular city council meetings shall be held in the City Hall Council Chambers, 1650 E Stagecoach Run, Eagle Mountain, UT 84005, on the first and third Tuesday of the month, excluding election days, city-observed holidays, and any other day the city council determines. Work sessions begin at 4:00 p.m. and policy sessions begin at 7:00 p.m. [Ord. O-05-2023 § 2 (Exh. A)].
2.15.040 Agenda.
The mayor shall include any matter requested in writing by not less than two city council members on an agenda which shall be added to the agenda at the next regularly scheduled meeting of the city council following the written request. [Ord. O-05-2023 § 2 (Exh. A); Ord. O-01-2012 § 2; Ord. O-24-2006 § 5. Formerly 2.15.030].
2.15.050 Order of business.
The order of regular meetings shall be as follows:
A. Call to order;
B. Pledge of Allegiance;
C. Information items;
D. Public comment (limited to three minutes for each comment);
E. Council/mayor comments (limited to three minutes each);
F. Consent agenda;
G. Scheduled items. Scheduled items shall include a review and an actionable item adopting/amending the legislative priorities task list (no time limit);
H. Council/mayor comments (no time limit);
I. Adjournment. [Ord. O-06-2023 § 2 (Exh. A); Ord. O-05-2023 § 2 (Exh. A); Ord. O-01-2012 § 3; Ord. O-24-2006 § 2. Formerly 2.15.040].
2.15.060 Consideration of agenda items.
A. Subjects under consideration at every public meeting are limited to the published agenda and the meeting is limited under the requirements of the Utah Open and Public Meetings Act to the items stated on the agenda, unless an emergency exists as defined in the Open and Public Meetings Act for the consideration of a matter not on the published agenda.
B. Each agenda item at the meeting will be considered as described on the published agenda for the meeting or in the sequence for consideration otherwise announced by the mayor, without objection from a member of the council, in the following sequence:
1. The mayor will announce the agenda item number, state the title as published on the agenda, and invite the appropriate person or persons to present the item, including recommendations.
2. The mayor will invite members of the city council to state any technical questions for clarification. Members of the city council may ask clarifying questions and the appropriate person or persons should be given time to respond.
3. If the item is a formal public hearing, the mayor will invite public comments and open the public hearing for public comment. At the conclusion of public hearings, the mayor will state that the public hearing is closed.
4. The mayor should invite a motion directed to the agenda item. The mayor should state the name of the member of the city council offering the motion if a motion is offered. If a motion is not offered, the mayor may delete the item from the agenda or continue consideration of the item to a subsequent meeting.
5. The mayor should ask, if necessary, if a member of the city council will second the motion. The mayor should announce the name of the member of the city council offering a second to the motion. If there is no second, the item will be deemed concluded without decision.
6. If a motion is made and seconded, the mayor may restate the motion to assure that each member understands the proposed action or may request that the city recorder repeat the motion.
7. The mayor will invite discussion of the motion by the city council. If there is no additional discussion after discussion has ended, or a council member asks for vote on the pending motion, the mayor will state that the city council will vote on the motion. If requested by a member of the council or at the discretion of the mayor, the motion should be restated by the mayor or city recorder at the request of the mayor.
8. The mayor will call for the vote of each council member. All votes for purposes of the meeting minutes shall be by roll call of the council. Three affirmative votes are required to approve or pass any item before the council with limited exceptions. The exceptions are a motion to go into closed session (executive session) which requires a two-thirds vote of the members present, and when the mayor is entitled to vote as specifically allowed by state law on matters that add to or diminish the powers of the mayor. The mayor is also entitled to vote when there is a tie vote of the city council.
9. The result of the vote will be stated by the mayor and the action taken by the city council should be briefly stated. [Ord. O-05-2023 § 2 (Exh. A); Ord. O-01-2012 §§ 4, 5; Ord. O-24-2006 § 4. Formerly 2.15.050].
2.15.070 Rules of procedure.
The following short form rules of meeting procedures shall govern the conduct of the meeting under the direction of the mayor as presiding officer or, in the absence of the mayor, the mayor pro tem:
A. One matter or question will be discussed at a time. There will only be one speaker at a time. A council member who wishes to speak must ask to be recognized to speak by the mayor. The mayor will call upon the council member by name. The speaker may not be interrupted except as allowed by these rules. If a council member wishes to ask a question and retain the floor to speak after the question has been answered, the council member may so indicate by informing the mayor and city council.
B. Three basic forms of motions are allowed: an initial motion, a motion to amend the initial motion, and a substitute motion for the initial motion. Only one motion may be under consideration at a time; provided, however, that a motion to limit debate may be made at any time.
C. Discussion may continue as long as members of the city council wish to discuss a pending motion subject to the mayor determining that repetitive comments should be avoided and debate should be limited. The following motions are not debatable: a motion to adjourn; a motion to recess; a motion to fix a time to adjourn; a motion to table; and a motion to limit debate.
D. A Motion to Adjourn. This motion, if passed, requires the city council to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote to approve the motion.
E. A Motion to Recess. This motion, if passed, requires the city council to immediately take a recess. The length of the recess should be stated in the motion. It requires a simple majority vote for approval.
F. A Motion to Fix the Time to Adjourn. This motion, if passed, requires the city council to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
G. A Motion to Table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on hold. The motion can contain a specific date and time at which the item can be considered by the city council. The motion may contain no specific time for the return of the item, in which case the matter will not be placed back on an agenda for a future city council meeting except at the order of the mayor or the request of any two council members. A motion to table an item requires a simple majority vote.
H. A Motion to Limit Debate. The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call the question.” It requires a simple majority vote.
I. Reconsideration of Actions. An action of the city council may be placed on the agenda for reconsideration if requested in writing by three members of the city council. The item shall be placed on the next city council agenda where all required notices can be met. In addition, a council member who voted in the majority on the original motion may make a motion to reconsider the action at the meeting where the action was taken. If an item is placed back on the agenda for reconsideration at a subsequent meeting, or if a motion to reconsider is adopted at the same meeting, the original matter is back before the city council, and a new initial motion is then in order. The matter can be discussed and debated as if it were on the floor for the first time. [Ord. O-05-2023 § 2 (Exh. A); Ord. O-08-2019 § 1 (Exh. A); Ord. O-01-2012 § 6. Formerly 2.15.060].
2.15.080 Standards of civil discourse.
In compliance with Utah law and in the public interest, the Eagle Mountain city council hereby adopts the following standards of civil discourse in the conduct of city meetings and city activities of Eagle Mountain City elected officials, members of city boards and commissions and employees. The following standards are intended to encourage and require Eagle Mountain City elected officials, members of city boards and commissions and employees to meet obligations of civil discourse to each other and to the public and comply with the requirements of Section 10-3-606, Utah Code (as amended) 2011. Elected officials, members of city boards and commissions and employees are expected to make mutual and firm commitments to adhere to the city standards of civil discourse adopted here.
A. Conduct and language that is condescending, uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of participating in civil discourse in public processes and the rational, peaceful, and efficient resolution of decisions and is a violation of this standard. Such conduct tends to delay and often to deny resolution of issues in the public interest.
B. Elected and appointed officials and city employees should exhibit courtesy, candor and cooperation in dealing with each other and the public and in the administration of the city.
C. Elected officials, members of city boards and commissions and employees shall not, without an adequate factual basis, attribute to other persons improper motives, purpose, or conduct. Each person affiliated with the city should avoid hostile, demeaning, or humiliating conduct and words in written and oral communications. Neither written submissions nor oral statements or conduct should disparage the integrity, intelligence, morals, ethics, or personal behavior of others. [Ord. O-05-2023 § 2 (Exh. A); Ord. O-01-2012 § 7. Formerly 2.15.070].
2.15.090 Conflicts of interest.
Declarations of conflicts of interest may be made at any time as appropriate but need not appear as an agenda item. City elected and appointed officials and employees shall comply with the standards of ethical conduct enacted by the city council of Eagle Mountain City and the applicable requirements of Utah law enacted from time to time. [Ord. O-05-2023 § 2 (Exh. A); Ord. O-01-2012 § 8; Ord. O-24-2006 § 3. Formerly 2.15.080].
2.15.100 Legislative priorities list established.1
The legislative priorities list is hereby established to clarify by adoption or amendment the authorized ongoing priorities of the city council and to provide direction to the city manager in prioritizing the day-to-day activities of the director of legislative affairs. No individual member of the council shall have authority to assign day-to-day activities to the director of legislative affairs, only through the legislative priorities list. Nevertheless, the mayor, as chief executive officer of the city, may assign day-to-day activities; provided, that they are reasonably calculated to pursue the adopted legislative priorities. The list shall contain the following sections:
A. Adopted – High priority.
B. Adopted – Secondary priority.
C. Proposed.
The director of legislative affairs shall coordinate with the city manager to request and schedule resources to pursue the priorities in the order identified in the legislative priorities list. In the event extenuating circumstances make it unreasonable to progress on a legislative priority, the director of legislative affairs shall seek direction from the city manager to determine an appropriate course of action.
Prior to each regularly scheduled city council meeting, the director of legislative affairs, under the direction of the city manager, shall prepare the legislative priorities list with a brief written status update on each adopted priority and coordinate with the city recorder’s office to distribute it with the council packet. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-06-2023 § 2 (Exh. A)].
2.15.110 Electronic meetings.
A. Definitions. As used in this section:
1. “Anchor location” means:
a. The physical location where the public body conducting an electronic meeting under Utah Code Section 52-4-207 normally conducts meetings of the public body; or
b. A location other than the location described in subsection (A)(1)(a) of this section that is reasonably as accessible to the public as the location described in subsection (A)(1)(a) of this section.
2. “Electronic meeting” means a meeting that some or all public body members attend through an electronic video, audio, or both video and audio connection, as provided in Utah Code Section 52-4-207.
3. “Electronic notice” means electronic mail or fax.
4. “Meeting” shall have the same definition as “meeting” in the Utah Open and Public Meetings Act, Utah Code Chapter 52-4.
5. “Monitor” means to:
a. Hear live, by speaker or by other equipment, all of the public statements of each member of the public body who is participating in a meeting; or
b. See, by computer screen or other visual medium, all public statements of each member of the public body who is participating in a meeting.
6. “Participate” means the ability to communicate with all of the members of the public body, either verbally or electronically, so that each member of the public body can hear or see the communication.
7. “Public body” shall have the same definition as “public body” in the Utah Open and Public Meetings Act, Utah Code Chapter 52-4.
8. “Public hearing” means a meeting at which comments from the public will be accepted.
9. “Public statement” means a statement made in the ordinary course of business of the public body with the intent that all other members of the public body receive it.
B. Electronic Meetings Authorized. Any public body of Eagle Mountain City may, by following the procedures and requirements of this chapter, conduct an electronic meeting. A member of the public body participating remotely is included in the calculation of a quorum. The public body convening or conducting an electronic meeting shall:
1. Give public notice of the meeting at the anchor location and otherwise meet the requirements of Utah Code Section 52-4-202;
2. Provide notice of the electronic meeting to the members of the public body at least 24 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
3. Provide in the public notice a description of how the members will be connected to the electronic meeting.
C. Procedure for Electronic Meeting.
1. The procedures to be followed at the electronic meeting shall be the same as those followed by the public body in a non-electronic meeting of the public body. The mayor/chair or mayor/chair pro-tem shall conduct the meeting and the meeting shall be held pursuant to the agenda posted for that meeting.
2. 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 Utah Open and Public Meetings Act. Following passage of a motion to adjourn, the electronic link shall be terminated and the meeting shall be deemed concluded.
3. The primary anchor location for meetings of the public body shall be City Hall at 1650 E Stagecoach Run, Eagle Mountain, Utah. However, the public body may hold meetings in other anchor locations if the public body complies with the Open and Public Meetings Act. 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.
4. If the meeting is connected telephonically, then a speakerphone will be connected in such a manner that comments made by the members of the public body participating electronically will be broadcast through the public address system at the anchor location. To ensure full participation of each member present, and those participating electronically, members will be given a specific opportunity to make inquiries and participate in the discussion through a roll call method.
5. If a member or members are participating remotely, the audio will be connected in such a manner that comments made by the members participating electronically will be broadcast through the public address system at the anchor location. [Ord. O-22-2024 § 2 (Exh. A); Ord. O-10-2023 § 2 (Exh. A)].
2.15.120 Mayor pro tempore and council assignments.
On an annual basis, but at least on or before the second city council meeting in January, the city council shall meet and:
A. Elect a mayor pro tempore by nomination and a majority vote from the body of elected city council members; and
B. Discuss and make all assignments to each city council member and the mayor that promote and enhance necessary representation and support for the citizens of the city. The mayor will make a recommendation of liaison assignments, the council will then discuss the assignments and vote on the final assignments. It will pass with a majority vote. [Ord. O-12-2024 § 2 (Exh. A)].
Code reviser’s note: Ord. O-06-2023 added this section as 2.15.090. It has been editorially renumbered to prevent duplication of section numbering.