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22 of 1978 - A resolution amending Utah Open Meetings Act requiring at least 24 hours notice of all but emergency . . PPV : -: III c I Resolution No. II yJy Jennings Phillips, Jr, II i.} COMMISSIONER III Amending Utah Open Meetings Act 1,, requiring at least 24 hours notice of all but emergency meetings of public bodies, and providing for the agenda I' 1 for all city commission meetings be posted by 10:00 a.m. on the day preceeding the commission meeting, ,1 II H 11 '1I i Prowl fo the Board of Commissioners AND PASSED 1 APR 11 i9 3 111 I, I 1! ;II i. I, IIII III + ', 1I: II' r s `t-11 1 PUMLIC NOTICE NOTICE OP ANNUAL MEETING SCHEDULE OP THE BOAR OF SALT LAKE CITY COMMISSIONERS. SALT LAKE CITY,UTAH PUBLIC NOTICE Is hereby Riven Mat the 1975 Annual Meeting Schedule of the Board of Commissioners of Salt Lake City,Utah,is as follows: REGULAR MEETINGS are Tuesday, nee• uledto oo nce each Thursday.at 10:00 o'clock A.M. County uidino in San Lake City,Utah. EXECUTIVE MEETINGS are scheduled to commence • h Monday at 10:00 o'clock and County BOOTuil ing the Salt Lake City.Utah. All meetings of Ito Board of City Commissioners are ooen to the public unless Closed Pun• want to Sections 5244 and 52-45, Utah Coda Annotated 1953.A written agenda M each open meting will be 0o0ed In the office of the City and Room 200, City nd County Building,Salt Lake City,Utah, no later than 12:C0 o'clock noon next proceeeedulrgr sa meetlro y Meetly'.In addition in house specified herein shall be held by tha Ccenmission- en Co Board circumstancm require. Mildred V.11I1Mm . City Recorder Published December 9,1977 (c45) ' I F , a 1 n • • April 27, 1978 Mr. Walter B. Miller Deputy City Attorney 101 City and County Building Salt Lake City, Utah Dear Mir: On April 11, 1978, the City Commission passed Resolution No. MI of 1978, amending the Utah Open Meetings Aot requiring at least 24 hours notice of all but emergency meetings of public bodies and providing for the agenda for all city commission meetings posted by 10:00 a.m. on the day proceeding the Commission meeting. At that time the City Departments were notified that agenda items for the City Commission meetings are to be presented to this office by 9:00 p.m. on the day proceeding the day of posting the agenda. In seoordanee with your recommendation, the Board of City Commissioners at its meeting today,changed the deadline time to 3*00 p.m. on the day proceeding posting of the agenda for City Commission meetings. City Commissioners or Department Heads are to be responsible for notifying their respective departments. Yours truly. City Recorder ms CC: Mayor Wilson Commissioner Agras Commis iccer Greener Commissioner Hall Commissioner Phillips Auditor Files Atte-Bo-+o^t 194 eiso,1,r,•., �r • SAIT'LAIC, ITY;r CORPORATION, V ` , ASSISTANT ATTORNEYS ROGEITY R A.CUTLER ATTORNEY LAW DEPARTMENT O. WALLACE EARL 101 CITY&COUNTY BUILDING RAY L. R.HAW NTGOMERY PHILIP K.PALMER GREG AWKINSNS CIrY PROSECUTOR SAIT LAKE CITY,UTAII 84111 PAUL G. MAUGHAN WALTER R. MILLER JUDY F.LEVER DEPUTY CITY ATTORNEY ASSISTANT PROSECUTORS April 26, 1978 ALBERT L. PAYNE,JR• MICHAEL L. O'KEEFE LEROY R. PARK STANLEY H. OLSEN Board of City Commissioners City F County Building Salt Lake City, Utah 84111 Gentlemen: On April 11, 1978, the Board of Commissioners amended its open meeting resolution to comport with recent state legislation requiring at least 24 hours notice of all pub- lic meetings. At the time of amendment, the Board also established a deadline of 5:00 p.m. on the day preceding posting of notice of a city commission meeting, wherein all departments were to have delivered to the City Recorder their items of business for the commission meeting. I am now informed by the City Recorder that the 5:00 p.m. deadline heretofore established by the Commission pro- vides insufficient time in which to organize and prepare an agenda for the commission meeting and that an additional two-hour leeway is required. It is therefore the recommendation of this office that the Commission approve the 3:00 p.m. deadline requested by the City Recorder at least until a more flexible alternative can be discovered. If such a change is approved, the Recorder should be directed to notify all departments of the new cutoff time. Respectfully submitted, WALTER R. MILLER Deputy City Attorney WRM:cw ROLL CALL VOTING Aye Nay Salt Lake City,Utah, Aprit qi 19 78 Mr.Chairman . . I move that the Res ution be adopted. - --� ', \\ __, Agraz . . Gree ������ � % �" ����i ,t iL `v,v_IL //: /� /� (� _ ( �i Phillips f F/bRST AMENDED OPEN METTINGS -� RESOLUTION Result // A RESOLUTION providing for the holding and giving notice of regular, special and emergency meetings of the Board of Commissioners of Salt Lake City, Utah. WHEREAS, the Legislature of the State of Utah, at its 1977 Regular Session, adopted Substitute House Bill No. 84, which amended the Utah Open Public Meeting Law, being Chapter 4 of Title 52, Utah Code Annotated, 1953, as amended, enacting new requirements relating to the holding and giving notice of regular, special and emergency meetings of public bodies of the State or its political subdivisions and further amended such law in the 1978 legislative Budget session; and WHEREAS, it is considered necessary and desirable by the Board of Commissioners to adopt a resolution providing for the holding and giving of notice of regular, special and emergency meetings of the Board in accordance with legislative standards. NOW, THEREFORE, be it and it is hereby resolved by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah, as follows: Section 1. That regular meetings of the Board of Commissioners of Salt Lake City, Utah, shall be held on Tuesday, Wednesday and Thursday of each week, at 10:00 o'clock A.M. at the City Commission Chambers, in Room 301, in the City and County Building in Salt Lake City, Utah, until changed by resolution. Section 2. That the City Recorder shall annually within ten (10) days after the first regular meeting of the Board of Commissioners in December of each year, cause an Annual Meeting Schedule, in substan- tially the form set out below, to be posted at the Salt Lake City Recorder's office in the City and County Building and to be provided to the Deseret News, a newspaper published in Salt Lake City, Utah, and of general circulation within Salt Lake City, and to each newspaper, -2- radio station and television station which has requested notification of meetings of the Board of Commissioners, to-wit: NOTICE OF ANNUAL MEETING SCHEDULE OF THE BOARD OF SALT LAKE CITY COMMISSIONERS SALT LAKE CITY, UTAH PUBLIC NOTICE is hereby given that the 1973 Annual Meeting Schedule of the Board of Commissioners of Salt Lake City, Utah, is as follows: REGULAR MEETINGS are scheduled to commence each Tuesday, Wednesday and Thursday, at 10:00 o'clock A.M. in Room 301 in the City and County Building in Salt Lake City, Utah. EXECUTIVE MEETINGS are scheduled to commence each Monday at 10:00 o'clock A.M. in Room 300 in the City & County Building in Salt Lake City, Utah. All meetings of the Board of City Commissioners are open to the public unless closed pursuant to Sections 52-4-4 and 52-4-5, Utah Code Annotated, 1953. A written agenda of each open meeting will be posted in the office of the City Recorder, Room 200, City and County Building, Salt Lake City, Utah, no later than 10 :00 o'clock .v. on the regular business day next proceeding said meeting. Meetings in addition to those specified herein shall be held by the Board of City Commissioners as circumstances require. By CITY RECORDER If during any year the Annual Meeting Schedule of regular meetings for that year is revised, the City Recorder shall give like notice of the revised Annual Meeting Schedule. Section 3. That in addition to the above, the City Recorder shall give notice, in substantially the form set forth below, of the agenda, date, time and place of each regular and executive meeting of the Board of Commissioners by posting in the office of the City Recorder and in the newsroom at Room 301, City and County Building, Salt Lake City, Utah, no later than 10:00 o'clock A.M. on the regular business day next proceeding said meeting, to-wit: -3- NOTICE OF REGULAR/EXECUTIVE MEETING OF THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH PUBLIC NOTICE is hereby given that the Board of Commissioners of Salt Lake City, Utah, will hold a regular/executive public meeting in Room , in the City and County Building in Salt Lake City, Utah, commencing at o'clock .M. on [day] [date] , 19 . The Agenda for the meeting consists of the following: Dated: , 19 . By CITY RECORDER On , 19 , I personally posted copies of the foregoing notice in conspicuous view, at the following times and locations within the City and County Building, Salt Lake City, Utah: 1. At A.M./P.M. in Room 200 (Salt Lake City Recorder's office) . 2. At A.M./P.M. in the newsroom in Room 301. STATE OF UTAH : ss. County of Salt Lake ) Subscribed and sworn to before me this day of 19 NOTARY PUBLIC, residing in Salt Lake County, State of Utah My Commission Expires: -5- STATE OF UTAH : ss. County of Salt Lake ) Subscribed and sworn to before me this day of 19 NOTARY PUBLIC, residing in Salt Lake County, State of Utah My Commission Expires: Section 6. That when, as a result of unforeseen circumstances, it is necessary for the Board of Commissioners to hold an emergency meeting to consider matters of an urgent or emergency nature, the above notice requirements may be disregarded and the best notice practicable given. No such emergency meeting of the Board of Commissioners shall be held unless an attempt has been made to notify all members of the Board of Commissioners in advance and a majority of the members of the Board of Commissioners vote to hold the emergency meeting. Section 7. That in addition to the above, the City Recorder shall give not less than twenty-four (24) hours public notice, in substan- tially the forms set forth above, of the agenda, date, time and place of each regular, executive, or special meeting of the Board of City Commissioners in which matters concerning municipal bonding are proposed to be discussed, by 1) posting written notice of the meeting at the principal office of the board and, 2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah, or to a local media correspondent. Section 8. That the provisions of this resolution shall not be deemed to restrict Salt Lake City, its officers, or employees from providing notice of meetings in addition to means provided hereunder nor from holding closed meetings on exempted matters pursuant to the provisions of Section 52-4-4, Utah Code Annotated, 1953. Section 9. That immediately after its adoption this resolution shall be recorded in full in the official minutes of the Board of City Commissioners and shall take immediate effect. -4- Section 4. That special meetings of the Board of Commissioners shall be called by a majority of the Board of Commissioners, the Mayor or mayor pro tempore, in the manner provided in Section 10-3-501, Utah Code Annotated, 1953. Section 5. That the City Recorder shall give notice, in sub- stantially the form set forth below, of the agenda, date, time and place of each special meeting of the Board of Commissioners by deliver- ing such to the mayor and/or commissioners not calling the meeting, or their representatives, and by posting in the office of the City Recorder and in the newsroom at Room 301, City and County Building, Salt Lake City, Utah, no later than twenty-four (24) hours prior to said meeting, to-wit: NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH PUBLIC NOTICE is hereby given that the Board of Commissioners of Salt Lake City, Utah will hold a special public meeting in Room in the City and County Building in Salt Lake City, Utah, commencing at o'clock .M. on [day] , [date] , 19 . The Agenda for the meeting consists of the following: Dated: , 19 By CITY RECORDER On , 19 , I personally delivered copies of the foregoing notice to the Mayor and each City Commis- sioner, or their representatives, and thereafter posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, Salt Lake City, Utah: 1. At A.M./P.M. in Room 200 (Salt Lake City Recorder's office). 2. At A.M./P.M. in the newsroom in Room 301. -6- Passed by the Board of Commissioners of Salt Lake City, Utah, this 11th day of ri , 1978. MAYOR COMMISSIONER '\ C:714V1-44 COMMISSIONS OMMISSIONER eOMMISSIONER PUBLIC MEETINGS AMENDMENTS 1978 BUDGET SESSION Engrossed Copy H. B. No. 34 By Genevieve Atwood Stanley A. Leavitt AN ACT AMENDING SECTIONS 52-4-6, 52-4-7, AND 52-4-8, UTAH CODE ANNOTATED 1953, AS ENACTED BY CHAPTER 180, LAWS OF UTAH 1977; RELATING TO OPEN AND PUBLIC MEETINGS; CLARIFYING THE REQUIREMENTS OF NOTICE FOR THESE MEETINGS; REMOVING AN AMBIGUITY ABOUT CONTENTS OF MINUTES; AND DECREASING THE TIME WITHIN WHICH ACTIONS ARE TO BE COMMENCED REGARDING ISSUANCE OF BONDS AND SIMILAR OBLIGATIONS. Be it enacted by the Legislature of the State of Utah: Section 1. Section 52-4-6, Utah Code Annotated 1953, as enacted by Chapter 180, Laws of Utah 1977, is amended to read: 52-4-6. (1) Any public body which holds regular meetings that are scheduled in advance over the course of a year shall give public notice at least once each year of its annual meeting schedule as provided in this section. The public notice shall specify the date, time, and place of such meetings. (2) In addition to the notice requirements of subsection (1) of this section, each public body shall give [reasonable] not less than 24 hours' public notice of the agenda, date, time and place of each of its meetings. (3) Public notice shall [#eelader-but-seed-set-be-iimabed te] be satisfied by: (a) 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 held [r] ; and (b) Providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body, or to a local media correspondent. Engrossed Copy H. B. No. 34 (4) When because of unforeseen circumstances it is necessary for a public body to hold an emergency meeting to consider matters of an emergency or urgent nature, the notice requirements of section 52-4-6 (2) may be disregarded and the best notice practicable given. No such emergency meeting of a public body shall be held unless an attempt has been made to notify all of its members and a majority votes in the affirmative to hold the meeting. Section 2. Section 52-4-7, Utah Code Annotated 1953, as enacted by Chapter 180, Laws of Utah 1977, is amended to read: 52-4-7. (1) Written minutes shall be kept of all open meetings. Such minutes shall include: (a) The date, time and place of the meeting; (b) The names of members present and absent; (c) The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken; (d) The names of all citizens who appeared and the substance in brief of their testimony; (e) Any other information that any member requests be entered in the minutes. (2) Written minutes shall be kept of all closed meetings. Such minutes shall include: (a) The date, time and place of the meeting; (b) The names of members present and absent; (c) The names of all others present except where such disclosure would infringe on the confidence necessary to fulfill the original purpose of closing the meeting [t] (3) The minutes are public records and shall be available within a reasonable time after the meeting. (4) All or any part of an open meeting may be recorded by any person in attendance; provided, the recording does not interfere with the conduct of the meeting. _2_ Engrossed Copy H. B. No. 34 Section 3. Section 52-4-8, Utah Code Annotated 1953, as enacted by Chapter 180, Laws of Utah 1977, is amended to read: 52-4-8. Any final action taken in violation of sections 52- 4-3 and 52-4-6 is voidable by a court of competent jurisdiction. Suit to void final action shall be commenced within 90 days after the action except that with respect to any final action concerning the issuance of bonds, notes, or other evidences of indebtedness suit shall be commenced within 30 days after the action. -3-