05/26/2022 - Meeting Materials Accessibility and Disability Commission
Salt Lake City Utah
Meeting Agenda
26 May 2022
3:00 PM
This meeting is a discussion among Commissioners and select presenters. The public is
welcome. Items scheduled may be moved or discussed during a different portion of the
meeting based on circumstances or availability of speakers.
This meeting will be hybrid. The Commission Meeting will have a physical location at the
City and County Building in the Cannon Room 335 and members of the public may
observe the meeting and/or provide public comment in-person at this location.
Commissioners and presenters may attend and participate either in-person or through
electronic means.
Public Meeting Rules: The Council's meetings are a place for people to feel safe and
comfortable in participating in their government. A respectful and safe environment allows
a meeting to be conducted in an orderly, efficient, effective, and dignified fashion, free
from distraction, intimidation, and threats to safety. To support a respectful meeting,
comments or items that disrupt the meeting, intimidate other participants or that may
cause safety concerns are not allowed.
1.Welcome
2.Open Dialogue (— 5 minutes):
During this portion of the meeting, Commissioners may raise topics and discuss current
events that may impact or influence the Commission's overall work, discussions, and
deliberations to provide recommendations to the Mayor and City Council regarding
accessibility and disability matters in Salt lake City. No action will be taken during this
section of the meeting. Matters discussed during this section of the meeting may be
scheduled on a subsequent agenda for follow-up, if desired.
3.Public Comment (limited to 15 minutes):
Attendees may be provided one or two minutes of time, determined by the number of
attendees and the time available as determined by the Commission. Please observe the
time limit stated at the beginning of the public comment period so everyone may have a
chance to speak.
Per the public meeting guidelines, keep comments free of discriminatory language
referring to a person or group based on their religion, ethnicity, nationality, race, color,
descent, gender, sexual orientation, disability, age, or other gender identity factor. Items or
comments that disrupt the meeting, intimidate other participants or that may cause safety
concerns are not allowed.
4.Approval of Minutes:
The Accessibility and Disability Commission has no minutes to approve this
meeting.
5.Commissioner Orientation: Open Public Meetings Act and Ethics Training (— 30
minutes): Hannah Vickery, Senior City Attorney
6.Commission Policies and Procedures Review (— 30 minutes): Ashley Lichtle,
Board Manager and Hannah Vickery, Senior City Attorney
7.TENTATIVE Closed Session
The Commission will consider a motion to enter into a Closed Session. A closed meeting
described under Section 52-4-205 may be held for specific purposes including, but not
limited to:
a. discussion of the character, professional competence, or physical or mental
health of an individual;
b. strategy sessions to discuss pending or reasonably imminent litigation;
c. discussion regarding deployment of security personnel, devices, or systems;
and
d. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for lawful purposes that satisfy the pertinent
requirements of the Utah Open and Public Meetings Act.
CERTIFICATE OF POSTING
On or before 5.00 p.m. on May 24, 2022, the undersigned, duly appointed ADA
Coordinator, does hereby certify that the above notice and agenda was (1) posted on the
Utah Public Notice Website created under Utah Code Section 63F-1-701 , and (2) a copy
of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local
media correspondent and any others who have indicated interest.
ASHLEY LICHTLE
SALT LAKE MAYOR'S OFFICE
People with disabilities may make requests for reasonable accommodation, which may
include alternate formats, interpreters, and other auxiliary aids and services. Please make
requests at least two business days in advance. To make a request, please contact the
ADA Coordinator at ADA(aD_slcgov.com, 801-535-7739, or relay service 711.
Open and Public Meetings Act
Utah Code § 52-4-101, etseq.
Annual Training
2022
It's the People's Business!
§ 52-4-102. Declaration of public policy
(1) The Legislature finds and declares that the state, its agencies and political subdivisions, exist
to aid in the conduct of the people's business.
(2) It is the intent of the Legislature that the state, its agencies, and its political subdivisions:
(a) take their actions openly; and
(b) conduct their deliberations openly.
The Utah Supreme Court has stated, "we interpret the Utah Open and Public Meetings Act
broadly to further the declared statutory purpose of openness."
Kearns-Tribune Corp. v. Salt Lake CtV. Comm'n, 28 P.3d 686, 690 (UT, 2001).
Annual Training Requirement
The presiding officer of the public body shall ensure that the members of the public body are
provided with annual training on the requirements of this chapter. (Utah Code § 52-4-104).
What Constitutes a "Meeting"?
"Meeting" means the convening of a public body or a specified body, with a quorum present,
including a workshop or an executive session, whether 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 or specific body has jurisdiction or advisory
power. (Utah Code § 52-4-103(6)(a)).
"Meeting" does not mean a chance gathering or a social gathering. (Utah Code § 52-4-
103(6)(b)). A chance meeting or social meeting may not be used to circumvent the provisions
OPMA. (§ 52-4-208).
"Convening" means the calling together 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.
"Quorum" is a simple majority of the membership of a public body, unless otherwise defined. (§
52-4-103(11)).
Meetings Shall be Open
(Utah Code § 52-4-201)
• A meeting is open to the public unless properly closed pursuant to OPMA.
• A meeting that is open to the public includes a workshop or an executive session of a
public body in which a quorum is present, unless properly closed.
• Of particular importance is that the "information obtaining phase" of decision making
be done in public. Dairy Product Services, Inc. v. City of Wellsville, 13 P.3d 581, 595 (UT
2000).
• Final action/decision must be issued in a public meeting. Common Cause of Utah v.
Public Service Common, 598 P.2d 1312, 1315 (UT 1979).
Notice of Meetings
(Utah Code § 52-4-202)
• Notice of a public meeting includes:
— agenda;
— date;
— time; and
— place.
• OPMA requires at least 24 hours notice of a public meeting.
• In the case of an emergency meeting, the best notice practicable is required.
Agendas
(Utah Code § 52-4-202)
A meeting notice that is required to include an agenda must provide reasonable specificity to
notify the public as to the topics to be considered at the meeting. Each topic must be listed
under an agenda item on the agenda. (§ 52-4-202(6)(a))
Generally, the commission may not take final action on a topic in an open meeting unless the
topic is (a) listed under an agenda item and (b) included in the advance public notice. (Note:
This limitation does not apply to emergency meetings. (§ 52-4-202(6)(c))
Except with respect to emergency meetings, and at the discretion of the presiding member of
the commission, a topic raised by the public may be discussed during an open meeting, even if
the topic raised by the public was not included in the agenda or advance public notice for the
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meeting, but final action on the topic may not be taken by the commission at that time. (§ 54-2-
202(6)(b))
Meeting Minutes & Recording
(Utah Code § 52-4-203)
Written minutes and a recording shall be kept of all open meetings.
Written minutes of an open meeting shall include:
• the date, time, and place of the meeting;
• the names of members present and absent;
• 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;
• a record, by individual member, of each vote taken by the public body;
• the name of each person who:
— is not a member of the public body; and
— after being recognized by the presiding member of the public body, provided
testimony or comments to the public body;
• the substance, in brief, of the testimony or comments provided by the public;
• any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes or recording.
A recording is not required to be kept of an open meeting that is a site visit or a traveling tour, if
no vote or action is taken by the public body. (Utah Code § 52-4-203(7)).
Closed Meetings
(Utah Code § 52-4-205)
Purposes for which a meeting may be closed:
• Discussion of the character, professional competence, or physical or mental health of an
individual;
• Strategy sessions to discuss pending or reasonably imminent litigation;
• Strategy sessions to discuss the purchase, exchange, or lease of real property;
• Discussion regarding deployment of security personnel, devices, or systems
• Other purposes (not relevant to the commission).
Process for closing a meeting (Utah Code § 52-4-204):
• Quorum must be present;
• Required notice must have been given;
• 2/3rds vote of members present;
• Must announce and enter into the minutes:
— reasons for holding the closed meeting;
— the location where the closed meeting will be held;
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— the vote by name, of each member of the public body, either for or against the
motion to hold the closed meeting.
Record of the Closed Meeting (Utah Code § 52-4-206).
• OPMA requires that certain records be kept of closed meetings.
NO VOTE CAN BE TAKEN IN A CLOSED MEETING OTHER THAN A VOTE TO END THE CLOSED
PORTION. (§ 52-4-204(3)(B)).
Electronic Meetings
(Utah Code § 52-4-207)
• A public body may not hold an electronic meeting unless the public body has adopted a
resolution, rule, or ordinance governing the use of electronic meetings.
• Ordinarily, even an electronic meeting must have an anchor location, which is a physical
location where the public can attend/view the meeting
• Recent changes:
• Allow for the public body to convene and conduct an electronic meeting without
an anchor location, if:
• The chair of the public body determines that conducting the meeting
with an anchor location presents a substantial risk to the health or safety
of those present or who would otherwise be present at the anchor
location, or
• The chair determines the location where the public body would normally
meet has been ordered closed to the public for health or safety reasons
• Public notice should inform of the chair's decision, with a summary of facts in
which the chair relied, and information on how the public may attend remotely.
• Also, a chair can close the anchor location during an electronic meeting based on
the same standard, so long as the determination and reasons are stated on the
record, and the public can alternatively join electronically.
• Electronic meetings held under the new "substantial risk" provisions must provide
members of the public a means of hearing or viewing the meeting as well as a means of
providing comments.
Disruption of Meetings
(Utah Code § 52-4-301)
The Act does not prohibit the removal of any person from a meeting if the person willfully
disrupts the meeting to the extent that orderly conduct is seriously compromised. The
implication of that language is that disruptive persons can be removed.
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Consequences of Violating Open Meeting Law
(Utah Code §§ 52-4-302 to 52-4-305)
Any final action taken in violation of certain provisions of the Act is voidable by a court. The
suit must be commenced within 90 days after the date of the action.
A court may not void final action for failure to post notice on the Utah Public Notice Website if
the failure was the result of unforeseen internet hosting or communication technology failure
and the commission otherwise complied with the public notice requirements.
A person denied a right under the Act may sue to compel compliance with or to enjoin violation
of the Act, or to determine the Act's applicability to discussions or decisions of the commission.
A commission member who knowingly and intentionally violates or who knowingly or
intentionally abets or advises a violation of the closed meeting provisions of the Act is guilty of
a class B misdemeanor.
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Introductory Ethics
Training for
Boards/Commissions
Senior City Attorney
Hannah Vickery
Utah Municipal Officers'
and Employees' Ethics Act
Applicable I I - - •
Laws Salt City Code-
Conflict of Interest
Establish standards of conduct for municipal
officers and employees and require those
people to disclosure actual or potential conflicts
of interests between public duties and personal
Purpose of interests and prohibits certain conduct
the laws
, , Intent: build public trust
Who does � YOU !
applythe law I
Board/Commission members
(regardless of compensation)
Once appointed, you are required to disclose
employment and certain business
Certain
City's Conflict of Interest Form
Disclosures
Need to disclose:
• All other employment interests
a • Any substantial interest (10% or more) in a business
entity
That does business with the city or regulated by the
Required city
When in doubt, disclose
Financial Interest A
L Ed
• You (or spouse or minor children) own 10% in
business entity, or
Financial • You are an officer, director, trustee, partner,
employee, or manager in a business entity
and
Professional Interest
Professional • Results in a direct or immediate professional
benefit or detriment to you; or
Interests • Creates a fiduciary duty with respect to a
professional interest and is distinguishable
from the professional benefit or detriment to
the public generally or your profession,
occupation, or association generally.
• If Board/Commission is discussing/taking action
on something related to one of the
board/commission member's financial or
professional interest and the decision of the
board/commission will have an individualized
Conduct during material effect on the board/commission
Board/Commission member different from the general public, then
Meetings the board/commission member must disclose
the interest to the Mayor and to other members
during the meeting
• If the member's interest is financial, the '
member must recuse him/herself from the
discussion and vote. /
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Outside • You may not hold employment that is
Employment incompatible with City duties
r"
• Can't:
• Disclose confidential information
Prohibited • Use confidential information to
further financial or professional
interest of self or other
• • Use confidential information to
secure special privileges or
Informationexemptions for self or other
1
• Can't corruptly use or attempt to
use position to further the financial
or professional interest of yourself
Prohibited or another
Acts- Use of L.
Position
• Can't have a financial or
professional interest in an entity
Prohibited doing business with the City
Acts- Doing
department to which your
board/commission is assigned.
Business wit F-r. • Note: even though there are
the City A disclosure requirements.
Disclosure will not excuse the act
that is prohibited.
• If you are getting paid to coordinate,
negotiate, or otherwise broker a deal between
an entity and the City, you must disclose that
prior to the discussions.
• You many not participate in performing a
discretionary function with respect to a
Transactions contract with the city when:
' • You have a financial interest in the
with the City contract
• You or a relative has a financial interest in
the business entity contracting with the
city
• You or a relative are currently or will be
negotiating prospective employment with
the business entity contracting with the
city
rendered.IF-
Known as the"Influence Test"
F_Cannot receive,accept,or solicit gifts that you know are going to influence
your decisions in your official duties or which are a reward for certain official
duties or decisions taken or
Allowable:
•Gifts from relative
•Grants of hospitality and gestures of friendship(subject to influence test)
•Occasional non-pecuniary gifts w/value less than$50
•Occasional non-cash remembrances w/value less than$100 and certain items of nominal
value(subject to influence test)
•Travel,lodging,and food expenses incurred in connection with official city business(subject to
influence test)
•Inheritance or death transfer
•Gifts for which a"determination of nonapplicability"is made by the City Attorney
If you receive an unauthorized
•Must return,destroy,or give to charity(must document)
• what happens • • tolight?
If you discover an actual
or potential conflict, you May request advisory
must file a written opinion/waivers from the
statement and withdraw City Attorney
from further participation
Removal from position
Criminal sanctions
Penalties
J* Voiding of contracts
J4 *Varies based on specifics.
DRAFT: Accessibility and Disability Commission
Policies and Procedures
I. Creation
The Accessibility and Disability Commission (Commission) was created on February 15, 2022,
by the Salt Lake City Council.
A. Purpose. The Accessibility and Disability Commission was created to serve as an
advisor to the Mayor and City Council on how the City can improve and generally
enhance accessibility and the experience of the disability community through a
practice, systematic, and solution-based approach.
B. Powers and Duties.The powers and duties of the Commission, as specified by Salt
Lake City Code 10.07.100 include:
• Identify issues of importance to the accessibility and disability community and
provide information to the Mayor and City Council pertinent to those issues,
• Advise and assist the Mayor and City Council on issues affecting the accessibility and
disability community, and
• Evaluate City policies and practices and make recommendations on how to increase
access and participation among individuals with disabilities.
C. Sponsor Department. Office of the Mayor
D. Board Manager Title. ADA Coordinator
E. Advise. Mayor and City Council
II. Board Manager Role
The Office of the Mayor will provide a liaison to function as a manager and facilitator to assist
the Commission with technical support, internal and external communication, logistics, and
administration, and to provide advice to the Commission as requested.
The Board Manager will provide public notice of all regular and special meetings in
compliance with the Open Public Meetings Act, post materials to the Utah Public Notice
Database, and prepare and post meeting agendas and minutes.
The Board Manager will facilitate meetings to help ensure a safe and welcoming
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environment where all Commissioners can participate and are conduct meetings in a
manner to foster collaborative decision-making and consensus-building.
III. Meetings
A. Frequency of Meetings. The Commission shall meet no less than once quarterly but
is expected to meet monthly. Annual meeting schedule shall be set at the first regular
meeting in January of each year. Meetings shall be conducted in accordance with
the operating procedures specified herein and any other applicable law.
B. Hybrid and Electronic Meetings.
• Level 1 Hybrid Meeting: Commissioners may participate electronically or in
person. The public must join in person at the designated anchor location.
• Level 2 Hybrid Meeting: Both Commissioners and the public may participate
either electronically or in person at the designated anchor location.
• When there is a determination from the Chair that having an anchor location
open to the public poses a substantial risk to the health or safety of those who
may be present or that the building where the anchor location is located is
closed to the public—a fully electronic meeting may be held in accordance
with the law.
C. Use of Technology to Facilitate Hybrid and Electronic Meetings.
• The chat function will not be used during an electronic meeting. Questions or
comments about theCommission's work shall be stated verbally and not written
in the chat, unless necessary as a reasonable accommodation.
• The polling function will be used only to determine if Commissioners are ready
for a formal vote or if more deliberation is needed.
• All electronic meetings will be recorded for transparency and accessibility.
IV. Membership and Term
A. Membership. The Commission is comprised of fifteen (15) members. There are no
alternate members. Members must be appointed by the Mayor with the advice
and consent of the City Council.
B. Terms. All terms began on February 181h, 2022, and are staggered to end either on
December 30th, 2024, or December 28th, 2026. All subsequent terms will be for 4
years.
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C. Term Limits. A person may serve as a commissioner for up to, but not
more than, 8 years.
V. Voting
A.Quorum. A simple majority of the Commission—eight (8) Commissioners— is
required to conduct business. For purposes of determining whether a quorum is
present, all commissioners present shall be counted, including members who may
abstain from a particular vote. A particular commissioner is considered present when
they are physically present at the anchor location or are otherwise connected to the
meeting via electronic means and make their presence known.
B.Voting. The Commission will use modified consensus decision making. If consensus
cannot be reached, the affirmative vote of a simple majority of those present—fifty percent
(50%) plus one (1)—will prevail. Votes of for or against and abstentions from voting are
permitted. All commissioners may vote, including those who are present via electronic
means.
C.Subcommittees. Subcommittees require a quorum to conduct business.
Subcommittees will use modified consensus decision making. If consensus cannot be
reached, the affirmative vote of a simple majority of those present—fifty percent (50%) plus
one (1)—will prevail. Only Commissioners may vote on subcommittees.
D.Absentee Voting. Absentee voting is prohibited.
E. Proxy Voting. Proxy voting is prohibited.
VI. General Operating Procedures
A. Disclosure of Conflicts of Interest.
• Commissioners must comply with Chapter 2.44 of the Salt Lake City Code.
B. Modified Consensus Decision Making. The Commission will make decisions
collaboratively—all viewpoints will be honored, respected, and have
appropriate time for consideration.
To make a decision on any proposal or matter:
• The Commission may receive informational briefings,
• Commissioners will deliberate, and
• After deliberation, Commissioners will identify whether they are supportive,
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neutral or in opposition. If all Commissioners are supportive or neutral, the
proposal or matter passes. If any Commissioner is in opposition,
Commissioners will take a roll call vote.
C. Public Participation. The Commission values public participation, involvement,
engagement, co-creation, and collaboration.
• Commissioners are encouraged to engage community networks outside of public
meetings. Information obtained from those engagements should generally be
brought back to the Commission for discussion. There may be times when
Commissioners choose not to disclose the source of the information.
D. Public Meetings. Members of the public shall have the opportunity to
comment during designated time periods, subject to reasonable constraints.
Comments should be free of discriminatory language referring to a person or
group based on their religion, ethnicity, nationality, race, color, descent,
gender, sexual orientation, disability, age, or other gender identity factor.
Items or comments that disrupt the meeting, intimidate other participants or
that may cause safety concerns are not allowed.
The Commission may accept public comment when listed on the agenda in
accordance with the following:
• The Chair will call upon each attendee.
• Attendees will be provided two minutes to share a public comment or ask a
question
• People cannot combine their time so that one person may speak longer than
others
VII. Removal and Resignations
A. Removal Process.
• For unexcused absences: The Board Manager will keep meeting attendance
records and inform the Chair of any unexcused absences. If a commissioner has
2 unexcused absences in a calendar year, the commission shall inform the
Mayor, consistent with Salt Lake City Code 2.07.090.A commissioner may be
removed by the Mayor for cause.
B. Resignation Process.
Commissioners shall make a good faith effort to complete their term. If a Commissioner
determines it is not possible to complete their term, the Commissioner shall submit a
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Accessibility and Disability Commission Policies and
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letter of resignation to the Board Manager and the Chair at the earliest opportunity to
avoid any interruptions to the Commission.
VIII. Officers and Subcommittees
There shall be selected by the Commission at their first regular meeting in January of each year,
or as soon as possible thereafter, a Chair and a Vice Chair. The selected Chair and Vice Chair
shall serve in that role for the calendar year. The presiding officer of the Commission is the
Chair. The Vice Chair will serve in the absence of the Chair or as otherwise directed by the
Chair. The Commission will use modified consensus decision making to nominate and appoint
the Chair and Vice Chair. Terms of the Chair will fluctuate based on workflow. There are no
limits on how many times a commissioner may serve as the Chair and/or Vice Chair.
Chair Responsibilities:
• Lead discussions and keep the Commission to time/task
• Collaborate with the Board Manager on meeting agendas
• Provide guidance on content and ideas to meet the Commission's goals
• Establish time limits on testimony by members of the public
• Provide direction to Board Manager in preparation for public meetings
• Provide feedback to Board Manager on a variety of issues
• Participate fully and equally as a member of the Commission
• Encourage modified consensus decision making
• Lead meetings when all attempts at reaching consensus have been exhausted
• Act as a Commission spokesperson
The Commission may divide its members into subcommittees authorized to act on behalf of the
full Commission for an assigned purpose. The Commission may engage non-Commissioners in
the work of subcommittees. Subcommittee meetings are also subject to Open Public Meetings
Act. For purposes of determining the outcome of a vote, a simple majority (fifty percent (50%)
plus one (1) of the number of seats) of the commission members present is required.
IX. Communications
Commissioners agree that transparency is essential to all information gathering, deliberations
and decision making.
• Interest Groups. Commissioners shall notify the Board Manager and the full
Commission of verbal communications with interest groups. Commissioners are
required to copy the Board Manager on all written communications from or to interest
groups commenting on the Commission's work.
• Media. Media inquiries to the Commission must first be directed to the Board
Manager. The Board Manager will work with the Chair and any relevant City staff to
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Accessibility and Disability Commission Policies and
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determine a media response.
• All written communications between Commissioners and the general public, interest
groups and media will be retained by the Board Manager.
Please refer to the Communications Guidelines for additional guidance.
X. Public Meetings and Public Records
Meetings of the Commission and its subcommittees are open to the public and will be
conducted under provisions of the Open Public Meetings Act. The Commission Manager will
provide at least twenty-four (24) hours' notice to the public regarding the dates, times,
locations, and principal subjects of all meetings. Commissioners can participate through
telephone or other electronic communication.
All records of the Commission will be retained and open to the public in accordance with
the Government Access and Management Act and city retention policies.
XI. Amendment of Policies and Procedures
The Commission may vote to amend or repeal these Policies and Procedures.
Original Policies and Procedures Created by the Accessibility and Disability Commission on May
26th, 2022.
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