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Home My WebLink About03/09/2026 - Meeting Materials (4) UTAH OPEN AND PUBLIC MEETINGS ACT U TAH CODE SECTIONS 52 - 4 - 101 TO 305 INTR O DUCTIONS : CAMERON JOHNSON SENIOR CITY ATTORNEY SALT LAKE CITY ATTORNEY ' S OFFICE 451 SOUTH STATE STREET , SUITE 505A SALT LAKE CITY , UTAH 841 ( 801 ) 5 3 5 - 7 7 8 8 C A M ERO N . J OH N S O N@ S L C . G O V OPEN AND PUBLIC MEETINGS ACT MEETINGS of a PUBLIC BODY are open to the public, _.. �...r _ unless an I -ak y. EXCEPTION is available under the Act that allows the meeting to be CLOSED. TRANSPARENCY TO THE PUBLIC REQUIREMENTS OF THE OPEN AND PUBLIC MEETINGS ACT PUBLIC BODY PUBLIC BODY: General Rule: Any administrative, advisory, executive, or legislative body of the City that: • is created by rule, ordinance, or MEETINGS resolution; o • consists of 2+ individuals f a ^UBLIC BODY are open to • expends, disburses, or is supported the public, unless an EXCEPTION by tax revenue; AND is available under the • is vested with the authority to Act that allows the make decisions regarding the meeting to be CLOSED. public's business. MEETINGS MEETINGS of a PUBLIC BODY must be MEETINGS open to the public, unless an EXCEPTION is . A gathering of a Public Body with a available under the Act that allows the quorum present meeting to be CLOSED. • that is convened by an individual with authority to convene the public body, • following the process provided by law • for the express purpose of acting as a public body (i.e. to deliberate, receive public comment, or take action on a matter over which the Board has jurisdiction or advisory power). WHICH GATHERINGS ARE SUBJECT TO THE OPEN AND PUBLIC MEETINGS ACT:.) YES NO • Electronic Meetings • Chance Meetings* • Retreats • Social Gatherings* • Workshops • No Quorum • Field Trips • Executive Sessions *(...but don't get cheeky!) NOTICE OF MEETINGS Board must give not less than 24 hours' public notice of each meeting. Let's discuss: • How to provide notice • What information is required • Emergency Meetings HOWTO PROVIDE NOTICE PUBLIC Post/Publish NOTICE — at the anchor location for the Post meeting, and — on the Utah Public Notice website, Publish AND — on the public body's website (if it Every Meeting has one). Annual MeetingSchedule WHATTO PROVIDE" • PUBLIC NOTICE MUST include the following: HOW? ' • - c . Post Reasonable - Publish Date WHAT? Every Meeting — Place Annual Meeting Schedule EMERGENCY MEETINGS ANNUAL MEETING NOTICE PUBLIC MUST ALSO provide annual public NOTICE notice for regularly scheduled meetings that provides: Post — Date Publish — Time — Place L EveryMeeting 'Does not need to be revised each time Aknnual Meeting Schedule a special meeting is scheduled EMERGENCY MEETINGS *Revise if adding a new regularly scheduled meeting EMERGENCY MEETINGS PUBLIC • Unforeseen circumstances require NOTICE consideration of matters of an emergency , or urgent nature F F • Best notice practicable of time, place, and Post topics to be considered Publish • Attempt to notify all Board members • Majority of Board members approve Every Meeting holding the meeting Annual Meeting - • Final action may be taken at an emergency EMERGENCY MEETINGS meeting • Notice requirement does not apply ELECTRONIC MEETINGS 2 TYPES OF ELECTRONIC MEETINGS • Electronic meetings WITH anchor location (hybrid)* -Must provide an anchor location for the public to join •Electronic meetings WITHOUT anchor location -Permitted only where hosting at an anchor location would present "a substantial risk to the health or safety of those . . . who would otherwise be present at the anchor location" OR that the anchor location "has been ordered closed to the public for health or safety reasons" -Chair makes this determination; the determination and the summary of supporting facts must be included in the public notice of the meeting AND read at the beginning of meeting (determination lasts only 30 days) -Public notice must provide information for the public to join remotely *These are the hybrid meetings many public bodies are currently employing,while meetings without an anchor location (i.e.fully virtual) were in vogue during the COVID-19 pandemic.We will discuss these hybrid meetings on the next slide. ELECTRONIC MEETINGS ( CONT.] • Hybrid Meetings (anchor location AND electronic access) Requires a Resolution, Rule or Ordinance to allow electronic meetings AND one that describes how a quorum is calculated for an electronic meeting. — Usual Notice requirements in effect; AND — Must provide board members a description of how to electronically connect to the meeting, at least 24 hours prior to meeting. — MUST provide an anchor location for the public to attend; electronic access for the public is NOT required (but permitted). • Electronic Messages (emails, chats, texts) — Board members are not restricted from transmitting an electronic message to other Board members at a time when the Board is not convened in an open meeting. This includes texts. A BUT: is it convening a quorum for the purpose of discussing matters i I over which the Board has jurisdiction? CLOSED MEETINGS A MEETING MAY BE CLOSED ONLY TO DISCUSS SPECIFIED TOPICS CLOSED MEETINGS A MEETING MAY BE CLOSED ONLY TO DISCUSS SPECIFIED TOPICS • An Individual's Character, Professional Competence or Physical or Mental Health • Purchase or Sale of Real Property (with caveats) • Pending or Reasonably Imminent litigation • Deployment of Security Personnel, Devices, Systems • Criminal Misconduct Investigations • Advice of Legal Counsel CLOSED MEETINGS PROCEDURES • Open Meeting with Quorum Present • 2/3 (66.7%) of Board is Present and Approves the Closing • • Publicly Announce and Enter Into MEETING the Minutes: IN PROGRESS — Reason for closing the meeting — Location of the meeting I . £� — Vote of each board member, by name MEETING RECORDS OPEN MEETINGS CLOSED MEETINGS • Recording AND • Recording (unless security or personnel)AND — Identified by date,time,place of meeting — Identified by date,time place of meeting • Written minutes • Written minutes (OPTIONAL) — Date,time, place — Date,time,place — Members present and absent — Names of all present and absent (unless disclosure would impair confidentiality necessary for original purpose of — Substance of all matters proposed, discussed, closing the meeting) or decided • Exception if discussing: — Record of each vote — Character,professional competence,or physical or — Name of anyone who provided mental health of an individual OR testimony/comments and a summary of the — Deployment of security personnel,devices,or systems comments • Protected Records under GRAMA — Other information requested • Sworn statement by presiding member affirming that • Site visit or travelling tour meetings: no recording the sole purpose for closing the meeting was to required (but no action may be taken) discuss those matters • OFFICIAL RECORD =WRITTEN MINUTES MEETING MINUTES • Within three business days after holding an open meeting, the Board must make a recording of the open meeting available to the public for listening. • Within a reasonable time after holding the open meeting, the Board must make pending minutes (i.e. draft minutes that haven't yet been approved by the Board) available to the public. — Pending minutes must be clearly marked as not approved/subject to change. — Board must establish and implement procedures for the approval of written minutes of each meeting. • Within three business days after approving written minutes, the Board must make the approved minutes available to the public. • Meeting Materials: If an individual publicly presents or provides electronic information relating to an item on the agenda at an open meeting, the Board must require the individual to provide an electronic or hard copy of the information for inclusion in the record at the time of the meeting. PUBLIC COMMENT OR PARTICIPATION • State law or City Code may require a public hearing in some instances • Other public comments — At discretion of the Chair, comments may be discussed during open meeting if not on agenda � — But no FINALACTION if not on agenda • g - DISRUPTION OF MEETING • May REMOVE an individual ' from the meeting if dis on — WILLFULLY DISRUPTS and aP.�� — The orderly conduct of the � � Q a�T �UQ d P�pp� T meeting is SERIOUSLY R d� urd P r COMPROMISED U P R R A P P 0 P R R V P 9 T CONSEQUENCES OF VIOLMING THE ACT • Class B misdemeanor to knowingly violate the closed meeting provisions of the Act • Private individuals can bring lawsuit for violation of the Act — Final action may be voidable COD — Suit must be commenced within 90 days of the final action or 30 days of the final action concerning issuance of bonds QUESTIONS ? THANK YOU !